HOUSE BILL REPORT
E2SSB 5659
As Amended by the House
BYSenate Committee on Ways & Means (originally sponsored by Senators Wojahn, Talmadge, Kreidler, Fleming, Kiskaddon and Nelson; by request of Office of the Governor)
Providing for services for the protection of children.
House Committe on Human Services
Majority Report: Do pass with amendments. (7)
Signed by Representative Brekke, Chair; Scott, Vice Chair; Leonard, Moyer, H. Sommers, Wang and Winsley.
Minority Report: Do not pass. (1)
Signed by Representative Padden.
House Staff:Jean Wessman (786-7132)
Rereferred House Committee on Ways & Means/Appropriations
Majority Report: Do pass with amendments by Committee on Human Services and as further amended by Committee on Ways & Means/Appropriations. (19)
Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Fuhrman, Grant, Grimm, Hine, McLean, McMullen, Niemi, Peery, Sayan, Silver, Sprenkle and B. Williams.
House Staff: Sandi Gray (786-7154)
AS PASSED HOUSE APRIL 15, 1987
BACKGROUND:
Several legislative hearings regarding Child Protective Services were held in which agency personnel expressed confusion about legislative intent as to service priorities. Additional testimony referred to various statutory problems, the efficacy of Child Protective Services and legislative recommendations in a Department of Social and Health Services internal review report.
The Governor appointed a task force to review current statutes and agency procedures related to child abuse cases. In response to recommendations from the Child Abuse Task Force, the Governor submitted legislation which modifies the chapters on juvenile dependency and abuse of children.
SUMMARY:
The intent language of the chapters on child abuse and juvenile dependency is clarified regarding the duty of Child Protective Services to protect a child's safety over the interests of the family. The child abuse chapter is not to be construed as prohibiting the use of reasonable corporal punishment as a means of discipline.
In juvenile dependency disposition proceedings, the Department of Social and Health Services must allow parents to review the proposed disposition plan at least 10 days prior to the hearing and the plan must be presented in a form understandable to the parents.
The Department of Social and Health Services retains the responsibility to investigate all incidents that may constitute abuse or neglect, but shall establish a risk assessment pilot for use in caseload priority setting. The department will notify the parents, as soon as possible, when intending to interview a child so long as the safety of the child and the course of the investigation are not jeopardized. The wishes of the child will be accommodated in having a third person attend the interview. The department will attempt to ensure the presence of a neutral third party at the interview.
The Department of Social and Health Services is required to maintain and periodically review investigation records. A log of cases screened out as nonabusive must be maintained. Child Protective Services is granted access to relevant records of mandated reporters and their employees. The department must report regarding adjudicated or admitted child abusers to school boards and licensing boards.
When a licensed physician refers a case to Child Protective Services and renders an expert opinion that abuse or neglect has occurred, the Department of Social and Health Services must seek court review unless a second licensed physician chosen by the parents believes that no abuse or neglect has occurred.
Fiscal Note: Requested April 2, 1987.
House Committee ‑ Testified For: (Human Services) Senator Phil Talmadge, original bill sponsor; Jerry Wasson, Director, Children, Youth and Family Services, Department of Social and Health Services (with concern); Lee Ann Miller, Attorney General's Office (with concern); Bruce Knutson, King County Superior Court (concern about Section 5); Dr. William Backlund, Orthopedic Surgeon, Redmond, Washington (with concerns); Margie Kranz, Citizen (with concerns); Loretta Speicher, Washington Association of School Counselors (with concerns); Marilyn Guenther, Citizen (with concerns); Bailey deIongh, King County Public Defender's Office (with concerns); Monica Benton, King County Prosecuting Attorneys (with concerns); Carol Mason, Washington Association of Child Abuse Councils (with concerns); Delbert McNeal, Washington Association of Police Chiefs (with concerns); Ken Feldman, Governor's Commission on Children (with concerns); Jon Leveque, Association for Children, Youth and Families (with concerns); and Gary Moore, Washington Federation of State Employees (with concerns).
(Ways & Means/Appropriations) None Presented.
House Committee - Testified Against: (Human Services) Kip Tokuda, Washington Council for Prevention of Child Abuse and Neglect and Della Cornwall, Save Our Family Ties.
(Ways & Means/Appropriations) None Presented.
House Committee - Testimony For: (Human Services) These changes to the current child abuse and neglect and dependency statues are the recommendations of the Governor's Task Force on Child Abuse and Neglect. After several months of study, the task force concluded that these statutory amendments and additions are necessary to protect the state's children and improve the functioning of the state's Child Protective Services. The need of a child to safety and security from harm needs to prevail over the statutory mandate to keep the family intact when in conflict with that mandate, in order to protect the state's children. The role of Child Protective Services of providing services or referring to services needs to be in statute for clarification of their duties. Child care providers and juvenile probation officers need to be included as mandated reporters because of their close contact with large numbers of children. There is concern that caseworkers interviewing children outside of the presence of their parents could lead the child to say things that are untrue. To be able to devote needed attention to the most severe cases, caseworkers must be able to allow them to accurately screen out low risk cases and refer them to appropriate services. In a small number of cases, the allegations substantiating termination of parental rights are such that the department should not have to wait six months for termination but be able to act immediately to find the child a safe permanent home. The accountability boards are necessary because nonpartisan input into the CPS process is needed and currently the department is accountable to no one.
(Ways & Means/Appropriations) None Presented.
House Committee - Testimony Against: (Human Services) Too much subjective interpretation is allowed for by caseworkers. In order to receive unbiased accounts of abuse and neglect, caseworkers need authority to interview children without parental notification or consent and outside of their presence. The parents should have more time to work on an alternative plan before a dispositional hearing. The changes in the termination of parental rights section appear to be in conflict with federal law requiring reasonable efforts to prevent removal of a child, and if removed, to reunify the family. The guardian ad litem changes will cost too much for the counties to bear and jeopardize the counties volunteer programs. The local accountability boards are extremely costly and have constitutional ramifications of interference with existing civil service laws. The data base upon which these changes are based is faulty and incomplete. The safety of the child is a more appropriate standard than best interests which is too vague.
(Ways & Means/Appropriations) None Presented.