Child exposure to violence

AN ACT Relating to child exposure to violence; amending RCW 1
26.44.020; adding a new section to chapter 26.44 RCW; and creating a 2
new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature finds that the 5
multidisciplinary team approach coordinated by children's advocacy 6
centers improves interagency communication, increases the 7
effectiveness of the investigation and prosecution of child abuse, 8
and results in fewer interviews with and less trauma for the child.9
(2) The legislature finds that current language defining 10
children's advocacy centers was written more than 20 years ago, when 11
such centers were just beginning to develop in our state. 12
Additionally, current language defining child forensic interviews was 13
also written at a time when there were few, if any, designated 14
specialized child forensic interviewers in Washington.15
(3) Children's exposure to violence in Washington state is 16
occurring at an alarming rate and is a traumatic, adverse experience 17
that can have severe and long-lasting consequences. This traumatic 18
disruption of healthy development is a significant public health 19
crisis. 20
H-0177.1
HOUSE BILL 1028
State of Washington 69th Legislature 2025 Regular Session
By Representatives Goodman, Eslick, Reed, Fey, Davis, and Lekanoff
Prefiled 12/10/24. Read first time 01/13/25. Referred to Committee
on Early Learning & Human Services.
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(4) Children exposed to violence can heal if given access to 1
specialized resources, evidence-based treatment, and proper support 2
that promotes the well- being of them and their families.3
(5) Therefore, because the legislature finds children's advocacy 4
centers employ trauma-informed, research-based, best practices that 5
help child victims of abuse and children exposed to violence heal and 6
reduce the risk of future abuse and other negative consequences, the 7
legislature finds it necessary to update definitions and guidance to 8
ensure support for children's advocacy centers by more accurately 9
defining the work they do, and the tools necessary to support their 10
work. 11
Sec. 2. RCW 26.44.020 and 2024 c 298 s 5 are each amended to 12
read as follows: 13
The definitions in this section apply throughout this chapter 14
unless the context clearly requires otherwise. 15
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, 16
female genital mutilation as defined in RCW 18.130.460, trafficking 17
as described in RCW 9A.40.100, sex trafficking or severe forms of 18
trafficking in persons under the trafficking victims protection act 19
of 2000, 22 U.S.C. Sec. 7101 et seq., or injury of a child by any 20
person under circumstances which cause harm to the child's health, 21
welfare, or safety, excluding conduct permitted under RCW 9A.16.100; 22
or the negligent treatment or maltreatment of a child by a person 23
responsible for or providing care to the child. An abused child is a 24
child who has been subjected to child abuse or neglect as defined in 25
this section. 26
(2) "Child" or "children" means any person under the age of 27
eighteen years of age. 28
(3) "Child forensic interview" means a developmentally sensitive 29
((and)), legally sound ((method of gathering factual information 30
regarding allegations of child abuse, child neglect, or exposure to 31
violence. This interview is conducted by a competently trained, 32
neutral professional utilizing techniques informed by research and 33
best practice as part of a larger investigative process )), culturally 34
responsive, fact-finding interview of a child that is part of the 35
multidisciplinary team response in child abuse investigations for the 36
purpose of eliciting a child's unique information when there are 37
concerns of possible abuse or when the child has been exposed to 38
violence against another person. Child forensic interviews are 39
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conducted in a supportive and nonleading manner by a professional 1
with specialized training in a research-based forensic interview 2
model for conducting child forensic interviews, ideally conducted in 3
a neutral location, such as a children's advocacy center, and may be 4
observed by approved members of the multidisciplinary child 5
protection team as outlined in county child abuse investigation 6
protocols under RCW 26.44.180. 7
(4) "Child protective services" means those services provided by 8
the department designed to protect children from child abuse and 9
neglect and safeguard such children from future abuse and neglect, 10
and conduct investigations of child abuse and neglect reports. 11
Investigations may be conducted regardless of the location of the 12
alleged abuse or neglect. Child protective services includes referral 13
to services to ameliorate conditions that endanger the welfare of 14
children, the coordination of necessary programs and services 15
relevant to the prevention, intervention, and treatment of child 16
abuse and neglect, and services to children to ensure that each child 17
has a permanent home. In determining whether protective services 18
should be provided, the department shall not decline to provide such 19
services solely because of the child's unwillingness or developmental 20
inability to describe the nature and severity of the abuse or 21
neglect. 22
(5) "Child protective services section" means the child 23
protective services section of the department. 24
(6) "Child who is a candidate for foster care" means a child who 25
the department identifies as being at imminent risk of entering 26
foster care but who can remain safely in the child's home or in a 27
kinship placement as long as services or programs that are necessary 28
to prevent entry of the child into foster care are provided, and 29
includes but is not limited to a child whose adoption or guardianship 30
arrangement is at risk of a disruption or dissolution that would 31
result in a foster care placement. The term includes a child for whom 32
there is reasonable cause to believe that any of the following 33
circumstances exist: 34
(a) The child has been abandoned by the parent as defined in RCW 35
13.34.030 and the child's health, safety, and welfare is seriously 36
endangered as a result; 37
(b) The child has been abused or neglected as defined in this 38
chapter and the child's health, safety, and welfare is seriously 39
endangered as a result; 40
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(c) There is no parent capable of meeting the child's needs such 1
that the child is in circumstances that constitute a serious danger 2
to the child's development; 3
(d) The child is otherwise at imminent risk of harm.4
(7) "Children's advocacy center" means a child-focused ((facility 5
in good standing with the state chapter for children's advocacy 6
centers and that coordinates a multidisciplinary process for the 7
investigation, prosecution, and treatment of sexual and other types 8
of child abuse. Children's advocacy centers provide a location for 9
forensic interviews and coordinate access to services such as, but 10
not limited to, medical evaluations, advocacy, therapy, and case 11
review by multidisciplinary teams within the context of county 12
protocols as defined in RCW 26.44.180 and 26.44.185)), trauma-13
informed, facility-based program that provides a safe, neutral 14
location for child forensic interviews, facilitates a coordinated and 15
comprehensive approach to addressing the needs of children 16
traumatized by abuse and those who have witnessed, or been exposed 17
to, violence, follows national accreditation standards, and is in 18
good standing with the children's advocacy centers of Washington. 19
Children's advocacy centers support a coordinated multidisciplinary 20
response to allegations of abuse that promotes efficient interagency 21
communication and information sharing, ongoing collaboration of key 22
individuals, and a network of support for children and families. 23
Children's advocacy centers coordinate access to services including, 24
but not limited to: Medical evaluations, advocacy, therapy, and 25
facilitation of case review within the context of county protocols as 26
prescribed in RCW 26.44.180 and 26.44.185. 27
(8) "Children's advocacy centers of Washington" is a membership 28
organization and state chapter of the national children's alliance 29
whose primary purpose is to support the development and 30
sustainability of children's advocacy centers and multidisciplinary 31
child protection teams in Washington state as provided under RCW 32
26.44.175.33
(9) "Clergy" means any regularly licensed or ordained minister, 34
priest, or rabbi of any church or religious denomination, whether 35
acting in an individual capacity or as an employee or agent of any 36
public or private organization or institution. 37
(((9))) (10) "Court" means the superior court of the state of 38
Washington, juvenile department. 39
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(((10))) (11) "Department" means the department of children, 1
youth, and families. 2
(((11))) (12) "Experiencing homelessness" means lacking a fixed, 3
regular, and adequate nighttime residence, including circumstances 4
such as sharing the housing of other persons due to loss of housing, 5
economic hardship, fleeing domestic violence, or a similar reason as 6
described in the federal McKinney-Vento homeless assistance act 7
(Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 8
1, 2021. 9
(((12))) (13) "Family assessment" means a comprehensive 10
assessment of child safety, risk of subsequent child abuse or 11
neglect, and family strengths and needs that is applied to a child 12
abuse or neglect report. Family assessment does not include a 13
determination as to whether child abuse or neglect occurred, but does 14
determine the need for services to address the safety of the child 15
and the risk of subsequent maltreatment. 16
(((13))) (14) "Family assessment response" means a way of 17
responding to certain reports of child abuse or neglect made under 18
this chapter using a differential response approach to child 19
protective services. The family assessment response shall focus on 20
the safety of the child, the integrity and preservation of the 21
family, and shall assess the status of the child and the family in 22
terms of risk of abuse and neglect including the parent's or 23
guardian's or other caretaker's capacity and willingness to protect 24
the child and, if necessary, plan and arrange the provision of 25
services to reduce the risk and otherwise support the family. No one 26
is named as a perpetrator, and no investigative finding is entered in 27
the record as a result of a family assessment. 28
(((14))) (15) "Founded" means the determination following an 29
investigation by the department that, based on available information, 30
it is more likely than not that child abuse or neglect did occur.31
(((15))) (16) "Inconclusive" means the determination following an 32
investigation by the department of social and health services, prior 33
to October 1, 2008, that based on available information a decision 34
cannot be made that more likely than not, child abuse or neglect did 35
or did not occur. 36
(((16))) (17) "Institution" means a private or public hospital or 37
any other facility providing medical diagnosis, treatment, or care.38
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(((17))) (18) "Law enforcement agency" means the police 1
department, the prosecuting attorney, the state patrol, the director 2
of public safety, or the office of the sheriff. 3
(((18))) (19) "Malice" or "maliciously" means an intent, wish, or 4
design to intimidate, annoy, or injure another person. Such malice 5
may be inferred from an act done in willful disregard of the rights 6
of another, or an act wrongfully done without just cause or excuse, 7
or an act or omission of duty betraying a willful disregard of social 8
duty. 9
(((19))) (20) "Negligent treatment or maltreatment" means an act 10
or a failure to act, or the cumulative effects of a pattern of 11
conduct, behavior, or inaction, that evidences a serious disregard of 12
consequences of such magnitude as to constitute a clear and present 13
danger to a child's health, welfare, or safety, including but not 14
limited to conduct prohibited under RCW 9A.42.100. When considering 15
whether a clear and present danger exists, evidence of a parent's 16
substance abuse as a contributing factor to negligent treatment or 17
maltreatment shall be given great weight. The fact that siblings 18
share a bedroom is not, in and of itself, negligent treatment or 19
maltreatment. Poverty, experiencing homelessness, or exposure to 20
domestic violence as defined in RCW 7.105.010 that is perpetrated 21
against someone other than the child does not constitute negligent 22
treatment or maltreatment in and of itself. 23
(((20))) (21) "Pharmacist" means any registered pharmacist under 24
chapter 18.64 RCW, whether acting in an individual capacity or as an 25
employee or agent of any public or private organization or 26
institution. 27
(((21))) (22) "Practitioner of the healing arts" or 28
"practitioner" means a person licensed by this state to practice 29
podiatric medicine and surgery, optometry, chiropractic, nursing, 30
dentistry, osteopathic medicine and surgery, or medicine and surgery 31
or to provide other health services. The term "practitioner" includes 32
a duly accredited Christian Science practitioner. A person who is 33
being furnished Christian Science treatment by a duly accredited 34
Christian Science practitioner will not be considered, for that 35
reason alone, a neglected person for the purposes of this chapter.36
(((22))) (23) "Prevention and family services and programs" means 37
specific mental health prevention and treatment services, substance 38
abuse prevention and treatment services, and in-home parent skill-39
based programs that qualify for federal funding under the federal 40
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family first prevention services act, P.L. 115-123. For purposes of 1
this chapter, prevention and family services and programs are not 2
remedial services or family reunification services as described in 3
RCW 13.34.025(2). 4
(((23))) (24) "Professional school personnel" include, but are 5
not limited to, teachers, counselors, administrators, child care 6
facility personnel, and school nurses. 7
(((24))) (25) "Psychologist" means any person licensed to 8
practice psychology under chapter 18.83 RCW, whether acting in an 9
individual capacity or as an employee or agent of any public or 10
private organization or institution. 11
(((25))) (26) "Screened-out report" means a report of alleged 12
child abuse or neglect that the department has determined does not 13
rise to the level of a credible report of abuse or neglect and is not 14
referred for investigation. 15
(((26))) (27) "Sexual exploitation" includes: (a) Allowing, 16
permitting, or encouraging a child to engage in prostitution by any 17
person; or (b) allowing, permitting, encouraging, or engaging in the 18
obscene or pornographic photographing, filming, or depicting of a 19
child by any person. 20
(((27))) (28) "Sexually aggressive youth" means a child who is 21
defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.22
(((28))) (29) "Social service counselor" means anyone engaged in 23
a professional capacity during the regular course of employment in 24
encouraging or promoting the health, welfare, support, or education 25
of children, or providing social services to adults or families, 26
including mental health, drug and alcohol treatment, and domestic 27
violence programs, whether in an individual capacity, or as an 28
employee or agent of any public or private organization or 29
institution. 30
(((29))) (30) "Unfounded" means the determination following an 31
investigation by the department that available information indicates 32
that, more likely than not, child abuse or neglect did not occur, or 33
that there is insufficient evidence for the department to determine 34
whether the alleged child abuse did or did not occur.35
NEW SECTION. Sec. 3. A new section is added to chapter 26.44 36
RCW to read as follows: 37
(1) Statewide and regional peer review of child forensic 38
interviews serve as quality assurance mechanisms that reinforce the 39
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methodologies utilized in child forensic interviewing and provide 1
support and problem solving for participants. 2
(2) Child forensic interview recordings of closed cases may be 3
used as part of a structured and confidential peer review, if hosted 4
by an accredited or developing children's advocacy center or the 5
children's advocacy centers of Washington. Any information reviewed 6
or discussed during the peer review process is and must remain 7
confidential and must not be disclosed except where authorized under 8
state or federal law. The hosting organization's policies regarding 9
interview selection criteria and parent, guardian, or caregiver 10
consent must be followed. All participants in a peer review must sign 11
a confidentiality agreement that: 12
(a) Prohibits verbal or written disclosure of any information 13
received in any peer review process; and 14
(b) Requires disclosure of any personal, professional, or social 15
acquaintance with anyone associated with the case before attending a 16
peer review session. 17
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