Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Human Services, Youth, & Early Learning Committee
SB 6298
Brief Description: Concerning the duty of the clergy to report child abuse or neglect.
Sponsors: Senators Frame, Kauffman, Hunt, Kuderer, Liias, Lovick, Nobles, Shewmake, Valdez and Wellman.
Brief Summary of Bill
  • Requires members of the clergy to report child abuse or neglect when the clergy member has reasonable cause to believe a child has suffered abuse or neglect, except with regard to information that a clergy member obtains solely in the context of a penitential communication.
  • Requires members of the clergy to warn the Department of Children, Youth, and Families or law enforcement when they have reasonable cause to believe that a child is at imminent risk of being abused or neglected, even if that belief is informed by information obtained in part as a result of a penitential communication.
Hearing Date: 2/16/24
Staff:

Luke Wickham

Background:

Mandatory Reporting of Child Abuse and Neglect.
State law identifies certain individuals as having a requirement to report child abuse or neglect if there is reasonable cause to believe that a child has suffered abuse or neglect.  These individuals must report this information to a law enforcement agency or to the Department of Children, Youth, and Families (DCYF).

 

Mandatory reporters of child abuse and neglect include:

  • medical practitioners;
  • county coroners;
  • medical examiners;
  • law enforcement officers;
  • professional school personnel;
  • registered or licensed nurses;
  • social service counselors;
  • psychologists;
  • pharmacists;
  • employees of the DCYF;
  • licensed or certified child care providers or their employees;
  • employees of the Department of Social and Health Services;
  • juvenile probation officers;
  • placement and liaison specialists;
  • responsible living skills program staff;
  • HOPE Center staff;
  • the Family and Children's Ombuds or any volunteer in that office;
  • host home programs;
  • any person in an official supervisory capacity with a profit or nonprofit organization that has reason to believe a person over whom he or she exercises supervisory authority has abused or neglected a child;
  • Department of Corrections personnel;
  • adults who have reasonable cause to believe that a child who resides with the adult is a victim of severe abuse;
  • guardians ad litem and court-appointed special advocates; and
  • administrative, academic, or athletic department employees of public and private institutions of higher education.

 

Reasonable cause for purposes of mandated reporting of child abuse and neglect is defined to mean a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child.

 

Any mandated reporter who knowingly fails to make a report is guilty of a gross misdemeanor.
 
Clergy-Penitent Privilege.
A member of the clergy, a Christian Science practitioner, or a priest cannot be examined as to any confession or sacred confidence made without the consent of a person making the confession or sacred confidence.

Summary of Bill:

Members of the clergy are required to report child abuse or neglect when the clergy member has reasonable cause to believe a child has suffered abuse or neglect, except with regard to information that a clergy member obtains in that person's professional character as a religious or spiritual advisor when the information is obtained solely in the context of a penitential communication.

 

A penitential communication is a communication that is:

  • communicated through spoken word;
  • made privately to an individual member of the clergy;
  • intended by the communicant to be an act of contrition or a matter of conscience;
  • intended by both parties to be confidential at the time the communication is made;
  • is initiated by the communicant; and
  • made in the manner and context that places the member of the clergy specifically and strictly under a level of confidentiality that is considered inviolate by religious doctrine of the member of the clergy.

 

A penitential communication does not include:

  • providing spiritual direction, unless taking place as part of a penitential communication described above;
  • religious counseling;
  • individual or group therapy;
  • activity related to human resources or personnel management;
  • clergy assignment work;
  • communications between clergy, laity, or other members of the faith that occur outside of a penitential context;
  • activity relating to church administration or management;
  • internal judicial proceedings;
  • discipline; or
  • any written communication.

 

Members of the clergy must warn the Department of Children, Youth, and Families or law enforcement when they have reasonable cause to believe that a child is at imminent risk of being abused or neglected, even if that belief is informed by information obtained in part as a result of a penitential communication.

Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.