AN ACT Relating to dependency; and amending RCW 13.34.020, 13.32A.010, 74.13.010, and 26.44.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 30, chapter 291, Laws of 1977 ex. sess. as amended by section 2, chapter 524, Laws of 1987 and RCW 13.34.020 are each amended to read as follows:

((The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail.)) The legislature declares that every child has a right to a permanent, safe, and nurturing family. That family has the responsibility to be the primary resource for the child's healthy development. However, when the child is at risk of physical and mental harm, the state is obligated to intervene on behalf of the child. The primary purpose of such intervention is to protect the child and promote the child's physical and mental health. Upon intervention, the state shall provide the child with a permanent plan of care and the necessary resources for implementation and shall implement that plan in a timely manner. When there is a conflict between the best interests of the child and the rights of the parents, the best interests of the child will prevail.

Sec. 2. Section 15, chapter 155, Laws of 1979 and RCW 13.32A.010 are each amended to read as follows:

((The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.)) The legislature declares that every child has a right to a permanent, safe, and nurturing family. That family has the responsibility to be the primary resource for the child's healthy development. However, when the child is at risk of physical and mental harm, the state is obligated to intervene on behalf of the child. The primary purpose of such intervention is to protect the child and promote the child's physical and mental health. Upon intervention, the state shall provide the child with a permanent plan of care and the necessary resources for implementation and shall implement that plan in a timely manner. When there is a conflict between the best interests of the child and the rights of the parents, the best interests of the child will prevail.

Sec. 3. Section 2, chapter 30, Laws of 1965 and RCW 74.13.010 are each amended to read as follows:

The purpose of this chapter is to safeguard, protect and contribute to the welfare of the children of the state((~~, through~~)) in accordance with the polices set forth in RCW 13.32A.010 and 13.34.020. A comprehensive and coordinated program of public child welfare services includes providing for: Social services and facilities for children who require guidance, care, control, protection, treatment or rehabilitation; setting of standards for social services and facilities for children; cooperation with public and voluntary agencies, organizations, and citizen groups in the development and coordination of programs and activities in behalf of children; and promotion of community conditions and resources that help parents to discharge their responsibilities for the care, development and well-being of their children.

Sec. 4. Section 1, chapter 13, Laws of 1965 as last amended by section 1, chapter 206, Laws of 1987 and RCW 26.44.010 are each amended to read as follows:

The Washington state legislature finds and declares: The bond between a child and his or her parent, custodian, or guardian is of paramount importance, and any intervention into the life of a child is also an intervention into the life of the parent, custodian, or guardian; however, instances of nonaccidental injury, neglect, death, sexual abuse and cruelty to children by their parents, custodians or guardians have occurred, and in the instance where a child is deprived of his or her right to conditions of minimal nurture, health, and safety, the state is justified in emergency intervention based upon verified information; and therefore the Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities. It is the intent of the legislature that, as a result of such reports, protective services shall be made available in an effort to prevent further abuses, and to safeguard the general welfare of such children in accordance with the policies set forth in RCW 13.32A.010 and 13.34.020: PROVIDED, That such reports shall be maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious or erroneous information or actions: PROVIDED FURTHER, That this chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare and safety.

Adult dependent or developmentally disabled persons not able to provide for their own protection through the criminal justice system shall also be afforded the protection offered children through the reporting and investigation requirements mandated in this chapter.