FINAL BILL REPORT
SHB 1171
C 192 L 25
Synopsis as Enacted
Brief Description: Exempting attorney higher education employees from certain mandated reporting of child abuse and neglect.
Sponsors: House Committee on Early Learning & Human Services (originally sponsored by Representatives Pollet and Goodman).
House Committee on Early Learning & Human Services
Senate Committee on Human Services
Background:

Mandatory Reporting of Child Abuse and Neglect.

Certain individuals are required 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.

 

Any mandated reporter who knowingly fails to make a report is guilty of a gross misdemeanor.

 

Attorney-Client Confidentiality.

The Rules of Professional Conduct (RPC), adopted by the Washington Supreme Court, establish the ethical obligations for attorneys.  A violation of these RPC may result in disciplinary action, including suspension and disbarment.

 

The RPC prohibit attorneys from revealing information relating to the representation of a client unless the client gives informed consent or in some other limited circumstances.  Some of the other circumstances where an attorney may reveal information relating to the representation of a client include when the lawyer believes it necessary to prevent reasonably certain death or substantial bodily harm, and to prevent the client from committing a crime.

Summary:

Attorneys employed by public or private institutions of higher education and employees working under the direction or supervision of those attorneys are subject to the mandatory reporting of child abuse and neglect requirement, unless it relates to information related to the representation of a client.

 

The mandatory reporting requirements may not be interpreted to suspend or supersede otherwise applicable disclosure standards provided by the Rules of Professional Conduct regarding confidentiality of information.

Votes on Final Passage:
Final Passage Votes
House 95 0
Senate 39 10 (Senate amended)
House 95 1 (House concurred)
Effective:

July 27, 2025