SENATE BILL REPORT
SHB 1171
As of March 13, 2025
Title: An act relating to exempting attorney higher education employees from mandated reporting of child abuse and neglect as it relates to information gained in the course of providing legal representation to a client.
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).
Brief History: Passed House: 3/3/25, 95-0.
Committee Activity: Human Services: 3/17/25.
Brief Summary of Bill
  • Creates an exception to the mandated reporting requirement regarding suspected child abuse or neglect for an attorney who is employed by a public or private institution of higher education, or an employee working under the direction or supervision of such an attorney, as it relates to the representation of the client. 
SENATE COMMITTEE ON HUMAN SERVICES
Staff: Alison Mendiola (786-7488)
Background:

Mandated Reporting. In Washington, mandatory reporting laws require certain people to report child abuse or child neglect, or cause a report to be made to the Department of Children, Youth, and Families (DCYF) or the proper law enforcement agency.

 

Mandated reporters include:

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

 

Any other person who has reason to believe child abuse or child neglect has occurred may report this information.
 
A mandated reporter must report at the first opportunity, but no longer than 48-hours after there is reasonable cause to believe a child suffered abuse or neglect.  The report is to include the identity of the accused, if known. Failing to report suspected child abuse or child neglect within 48-hours is considered 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 RPC may result in disciplinary action, including suspension and disbarment.

 

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 of Bill:

As an exception to the mandated reporter requirements of an employee of an institution of higher education, an attorney employed by an institution of higher education, or an employee working under the direction or supervision of such an attorney, is not required to report suspected child abuse or neglect as it relates to the representation of the client. 

Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.