HOUSE BILL REPORT

HB 608

BYRepresentatives P. King,  Hargrove, Patrick, Heavey, Padden, Kremen, Crane, Bristow, Appelwick, Locke, Lewis, Moyer, L. Smith, Holm, Haugen, Todd, Jesernig and Sanders

Imposing penalties for malicious reporting of child or dependent adult abuse or neglect.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, P. King, Lewis, Moyer, Padden, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 6, 1987

BACKGROUND:

Health care practitioners, professional school persons, social workers, pharmacists, and employees of the Department of Social and Health Services are required to notify a law enforcement agency or the department when there is reasonable cause to believe that a child or adult dependent is subject to abuse or neglect.  The report must be made within 48 hours of having reasonable cause.

Any other person who has reasonable cause to believe that a child or adult person is subject to abuse or neglect may report the situation to law enforcement personnel.

The department must report to local law enforcement any cases in which an abused or neglected person has either died of injuries or been subjected to sexual abuse.  Law enforcement agencies must report such circumstances to the prosecuting authority.

A person who makes a good faith report of abuse is immune from liability in making the report or testifying in court.  A hospital or physician is not liable for taking a child into custody because of suspected abuse or neglect.

SUMMARY:

SUBSTITUTE BILL:  Law enforcement agencies, when receiving a report of abuse or neglect, may interview the person making the report to determine the facts and to determine if malice was involved in the reporting.

Any person who acts in bad faith or maliciously and makes a false report of child abuse or neglect is guilty of a gross misdemeanor.  A person convicted of making a false report is not immune from civil liability.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute authorizes a law enforcement officer or Department of Social and Health Services employee to interview the person making the complaint.  The original bill required the interview.  The substitute deletes a requirement in the original bill that a person making a report provide his or her name, address, phone number and place of employment.  The substitute also clarifies the intent that reports of abuse must be false to be punishable and removes an escalation in seriousness for repeat offenses.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     William Backlund, VOCAL; Rocky Taylor.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The incidence of false reports of child abuse is increasing.  Reports are frequently made to harass the person accused of abuse.

House Committee - Testimony Against: None Presented.