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AN ACT Relating to the risk assessment process used by the 1
department of children, youth, and families when investigating 2
alleged child abuse and neglect referrals; amending RCW 26.44.030; 3
creating a new section; and providing an expiration date.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The department of children, youth, and 6
families shall conduct a study to improve its risks, strengths, and 7
needs assessment tool used in the risk assessment process when 8
investigating alleged child abuse and neglect referrals described in 9
RCW 26.44.030(19) to:10
(a) Identify family risks, strengths, and needs at the time of 11
the initial child protective services investigation or family 12
assessment response to help inform the most appropriate service path 13
for the family; 14
(b) Identify the risk of harm to a child when substance use 15
disorder is a factor in the case or high potency synthetic opioids, 16
such as fentanyl, are a condition in the home; 17
(c) Determine the service needs of the family and support 18
caseworkers to identify and transition families to appropriate, 19
available services quickly; and 20
(d) Support reassessment and monitoring of family progress.21
H-0591.1
HOUSE BILL 1544
State of Washington 69th Legislature 2025 Regular Session
By Representatives Rule, Hill, Davis, Reed, and Ormsby
Read first time 01/23/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1544
(2) By November 1, 2025, and in compliance with RCW 43.01.036, 1
the department of children, youth, and families shall provide data 2
and information to the legislature on the department of children, 3
youth, and families' efforts to improve its risks, strengths, and 4
needs assessment tool based on the study required under subsection 5
(1) of this section. 6
(3) This section expires July 1, 2026. 7
Sec. 2. RCW 26.44.030 and 2024 c 298 s 6 are each amended to 8
read as follows: 9
(1)(a) When any practitioner, county coroner or medical examiner, 10
law enforcement officer, professional school personnel, registered or 11
licensed nurse, social service counselor, psychologist, pharmacist, 12
employee of the department of children, youth, and families, licensed 13
or certified child care providers or their employees, employee of the 14
department of social and health services, juvenile probation officer, 15
diversion unit staff, placement and liaison specialist, responsible 16
living skills program staff, HOPE center staff, state family and 17
children's ombuds or any volunteer in the ombuds' office, or host 18
home program has reasonable cause to believe that a child has 19
suffered abuse or neglect, he or she shall report such incident, or 20
cause a report to be made, to the proper law enforcement agency or to 21
the department as provided in RCW 26.44.040. 22
(b) When any person, in his or her official supervisory capacity 23
with a nonprofit or for-profit organization, has reasonable cause to 24
believe that a child has suffered abuse or neglect caused by a person 25
over whom he or she regularly exercises supervisory authority, he or 26
she shall report such incident, or cause a report to be made, to the 27
proper law enforcement agency, provided that the person alleged to 28
have caused the abuse or neglect is employed by, contracted by, or 29
volunteers with the organization and coaches, trains, educates, or 30
counsels a child or children or regularly has unsupervised access to 31
a child or children as part of the employment, contract, or voluntary 32
service. No one shall be required to report under this section when 33
he or she obtains the information solely as a result of a privileged 34
communication as provided in RCW 5.60.060. 35
Nothing in this subsection (1)(b) shall limit a person's duty to 36
report under (a) of this subsection. 37
For the purposes of this subsection, the following definitions 38
apply: 39
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(i) "Official supervisory capacity" means a position, status, or 1
role created, recognized, or designated by any nonprofit or for-2
profit organization, either for financial gain or without financial 3
gain, whose scope includes, but is not limited to, overseeing, 4
directing, or managing another person who is employed by, contracted 5
by, or volunteers with the nonprofit or for-profit organization.6
(ii) "Organization" includes a sole proprietor, partnership, 7
corporation, limited liability company, trust, association, financial 8
institution, governmental entity, other than the federal government, 9
and any other individual or group engaged in a trade, occupation, 10
enterprise, governmental function, charitable function, or similar 11
activity in this state whether or not the entity is operated as a 12
nonprofit or for-profit entity. 13
(iii) "Reasonable cause" means a person witnesses or receives a 14
credible written or oral report alleging abuse, including sexual 15
contact, or neglect of a child. 16
(iv) "Regularly exercises supervisory authority" means to act in 17
his or her official supervisory capacity on an ongoing or continuing 18
basis with regards to a particular person. 19
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.20
(c) The reporting requirement also applies to department of 21
corrections personnel who, in the course of their employment, observe 22
offenders or the children with whom the offenders are in contact. If, 23
as a result of observations or information received in the course of 24
his or her employment, any department of corrections personnel has 25
reasonable cause to believe that a child has suffered abuse or 26
neglect, he or she shall report the incident, or cause a report to be 27
made, to the proper law enforcement agency or to the department as 28
provided in RCW 26.44.040. 29
(d) The reporting requirement shall also apply to any adult who 30
has reasonable cause to believe that a child who resides with them, 31
has suffered severe abuse, and is able or capable of making a report. 32
For the purposes of this subsection, "severe abuse" means any of the 33
following: Any single act of abuse that causes physical trauma of 34
sufficient severity that, if left untreated, could cause death; any 35
single act of sexual abuse that causes significant bleeding, deep 36
bruising, or significant external or internal swelling; or more than 37
one act of physical abuse, each of which causes bleeding, deep 38
bruising, significant external or internal swelling, bone fracture, 39
or unconsciousness. 40
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(e) The reporting requirement also applies to guardians ad litem, 1
including court-appointed special advocates, appointed under Titles 2
11 and 13 RCW and this title, who in the course of their 3
representation of children in these actions have reasonable cause to 4
believe a child has been abused or neglected. 5
(f) The reporting requirement in (a) of this subsection also 6
applies to administrative and academic or athletic department 7
employees, including student employees, of institutions of higher 8
education, as defined in RCW 28B.10.016, and of private institutions 9
of higher education. 10
(g) The report must be made at the first opportunity, but in no 11
case longer than forty-eight hours after there is reasonable cause to 12
believe that the child has suffered abuse or neglect. The report must 13
include the identity of the accused if known. 14
(2) The reporting requirement of subsection (1) of this section 15
does not apply to the discovery of abuse or neglect that occurred 16
during childhood if it is discovered after the child has become an 17
adult. However, if there is reasonable cause to believe other 18
children are or may be at risk of abuse or neglect by the accused, 19
the reporting requirement of subsection (1) of this section does 20
apply. 21
(3) Any other person who has reasonable cause to believe that a 22
child has suffered abuse or neglect may report such incident to the 23
proper law enforcement agency or to the department as provided in RCW 24
26.44.040. 25
(4) The department, upon receiving a report of an incident of 26
alleged abuse or neglect pursuant to this chapter, involving a child 27
who has died or has had physical injury or injuries inflicted upon 28
him or her other than by accidental means or who has been subjected 29
to alleged sexual abuse, shall report such incident to the proper law 30
enforcement agency, including military law enforcement, if 31
appropriate. In emergency cases, where the child's welfare is 32
endangered, the department shall notify the proper law enforcement 33
agency within twenty-four hours after a report is received by the 34
department. In all other cases, the department shall notify the law 35
enforcement agency within seventy-two hours after a report is 36
received by the department. If the department makes an oral report, a 37
written report must also be made to the proper law enforcement agency 38
within five days thereafter. 39
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(5) Any law enforcement agency receiving a report of an incident 1
of alleged abuse or neglect pursuant to this chapter, involving a 2
child who has died or has had physical injury or injuries inflicted 3
upon him or her other than by accidental means, or who has been 4
subjected to alleged sexual abuse, shall report such incident in 5
writing as provided in RCW 26.44.040 to the proper county prosecutor 6
or city attorney for appropriate action whenever the law enforcement 7
agency's investigation reveals that a crime may have been committed. 8
The law enforcement agency shall also notify the department of all 9
reports received and the law enforcement agency's disposition of 10
them. In emergency cases, where the child's welfare is endangered, 11
the law enforcement agency shall notify the department within twenty-12
four hours. In all other cases, the law enforcement agency shall 13
notify the department within seventy-two hours after a report is 14
received by the law enforcement agency. 15
(6) Any county prosecutor or city attorney receiving a report 16
under subsection (5) of this section shall notify the victim, any 17
persons the victim requests, and the local office of the department, 18
of the decision to charge or decline to charge a crime, within five 19
days of making the decision. 20
(7) The department may conduct ongoing case planning and 21
consultation with those persons or agencies required to report under 22
this section, with consultants designated by the department, and with 23
designated representatives of Washington Indian tribes if the client 24
information exchanged is pertinent to cases currently receiving child 25
protective services. Upon request, the department shall conduct such 26
planning and consultation with those persons required to report under 27
this section if the department determines it is in the best interests 28
of the child. Information considered privileged by statute and not 29
directly related to reports required by this section must not be 30
divulged without a valid written waiver of the privilege.31
(8) Any case referred to the department by a physician licensed 32
under chapter 18.57 or 18.71 RCW on the basis of an expert medical 33
opinion that child abuse, neglect, or sexual assault has occurred and 34
that the child's safety will be seriously endangered if returned 35
home, the department shall file a dependency petition unless a second 36
licensed physician of the parents' choice believes that such expert 37
medical opinion is incorrect. If the parents fail to designate a 38
second physician, the department may make the selection. If a 39
physician finds that a child has suffered abuse or neglect but that 40
p. 5 HB 1544
such abuse or neglect does not constitute imminent danger to the 1
child's health or safety, and the department agrees with the 2
physician's assessment, the child may be left in the parents' home 3
while the department proceeds with reasonable efforts to remedy 4
parenting deficiencies. 5
(9) Persons or agencies exchanging information under subsection 6
(7) of this section shall not further disseminate or release the 7
information except as authorized by state or federal statute. 8
Violation of this subsection is a misdemeanor. 9
(10) Upon receiving a report that a child is a candidate for 10
foster care as defined in RCW 26.44.020, the department may provide 11
prevention and family services and programs to the child's parents, 12
guardian, or caregiver. The department may not be held civilly liable 13
for the decision regarding whether to provide prevention and family 14
services and programs, or for the provision of those services and 15
programs, for a child determined to be a candidate for foster care.16
(11) Upon receiving a report of alleged abuse or neglect, the 17
department shall make reasonable efforts to learn the name, address, 18
and telephone number of each person making a report of abuse or 19
neglect under this section. The department shall provide assurances 20
of appropriate confidentiality of the identification of persons 21
reporting under this section. If the department is unable to learn 22
the information required under this subsection, the department shall 23
only investigate cases in which: 24
(a) The department believes there is a serious threat of 25
substantial harm to the child; 26
(b) The report indicates conduct involving a criminal offense 27
that has, or is about to occur, in which the child is the victim; or28
(c) The department has a prior founded report of abuse or neglect 29
with regard to a member of the household that is within three years 30
of receipt of the referral. 31
(12)(a) Upon receiving a report of alleged abuse or neglect, the 32
department shall use one of the following discrete responses to 33
reports of child abuse or neglect that are screened in and accepted 34
for departmental response: 35
(i) Investigation; or 36
(ii) Family assessment. 37
(b) In making the response in (a) of this subsection the 38
department shall: 39
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(i) Use a method by which to assign cases to investigation or 1
family assessment which are based on an array of factors that may 2
include the presence of: Imminent danger, level of risk, number of 3
previous child abuse or neglect reports, or other presenting case 4
characteristics, such as the type of alleged maltreatment and the age 5
of the alleged victim. Age of the alleged victim shall not be used as 6
the sole criterion for determining case assignment;7
(ii) Allow for a change in response assignment based on new 8
information that alters risk or safety level; 9
(iii) Allow families assigned to family assessment to choose to 10
receive an investigation rather than a family assessment;11
(iv) Provide a full investigation if a family refuses the initial 12
family assessment; 13
(v) Provide voluntary services to families based on the results 14
of the initial family assessment. If a family refuses voluntary 15
services, and the department cannot identify specific facts related 16
to risk or safety that warrant assignment to investigation under this 17
chapter, and there is not a history of reports of child abuse or 18
neglect related to the family, then the department must close the 19
family assessment response case. However, if at any time the 20
department identifies risk or safety factors that warrant an 21
investigation under this chapter, then the family assessment response 22
case must be reassigned to investigation; 23
(vi) Conduct an investigation, and not a family assessment, in 24
response to an allegation that, the department determines based on 25
the intake assessment: 26
(A) Indicates a child's health, safety, and welfare will be 27
seriously endangered if not taken into custody for reasons including, 28
but not limited to, sexual abuse and sexual exploitation of the child 29
as defined in this chapter; 30
(B) Poses a serious threat of substantial harm to a child;31
(C) Constitutes conduct involving a criminal offense that has, or 32
is about to occur, in which the child is the victim;33
(D) The child is an abandoned child as defined in RCW 13.34.030;34
(E) The child is an adjudicated dependent child as defined in RCW 35
13.34.030, or the child is in a facility that is licensed, operated, 36
or certified for care of children by the department under chapter 37
74.15 RCW. 38
(c) In addition, the department may use a family assessment 39
response to assess for and provide prevention and family services and 40
p. 7 HB 1544
programs, as defined in RCW 26.44.020, for the following children and 1
their families, consistent with requirements under the federal family 2
first prevention services act and this section: 3
(i) A child who is a candidate for foster care, as defined in RCW 4
26.44.020; and 5
(ii) A child who is in foster care and who is pregnant, 6
parenting, or both. 7
(d) The department may not be held civilly liable for the 8
decision to respond to an allegation of child abuse or neglect by 9
using the family assessment response under this section unless the 10
state or its officers, agents, or employees acted with reckless 11
disregard. 12
(13)(a) For reports of alleged abuse or neglect that are accepted 13
for investigation by the department, the investigation shall be 14
conducted within time frames established by the department in rule. 15
In no case shall the investigation extend longer than ninety days 16
from the date the report is received, unless the investigation is 17
being conducted under a written protocol pursuant to RCW 26.44.180 18
and a law enforcement agency or prosecuting attorney has determined 19
that a longer investigation period is necessary. At the completion of 20
the investigation, the department shall make a finding that the 21
report of child abuse or neglect is founded or unfounded.22
(b) If a court in a civil or criminal proceeding, considering the 23
same facts or circumstances as are contained in the report being 24
investigated by the department, makes a judicial finding by a 25
preponderance of the evidence or higher that the subject of the 26
pending investigation has abused or neglected the child, the 27
department shall adopt the finding in its investigation.28
(14) For reports of alleged abuse or neglect that are responded 29
to through family assessment response, the department shall:30
(a) Provide the family with a written explanation of the 31
procedure for assessment of the child and the family and its 32
purposes; 33
(b) Collaborate with the family to identify family strengths, 34
resources, and service needs, and develop a service plan with the 35
goal of reducing risk of harm to the child and improving or restoring 36
family well-being; 37
(c) Complete the family assessment response within forty-five 38
days of receiving the report except as follows: 39
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(i) Upon parental agreement, the family assessment response 1
period may be extended up to one hundred twenty days. The 2
department's extension of the family assessment response period must 3
be operated within the department's appropriations;4
(ii) For cases in which the department elects to use a family 5
assessment response as authorized under subsection (12)(c) of this 6
section, and upon agreement of the child's parent, legal guardian, 7
legal custodian, or relative placement, the family assessment 8
response period may be extended up to one year. The department's 9
extension of the family assessment response must be operated within 10
the department's appropriations. 11
(d) Offer services to the family in a manner that makes it clear 12
that acceptance of the services is voluntary; 13
(e) Implement the family assessment response in a consistent and 14
cooperative manner; 15
(f) Have the parent or guardian agree to participate in services 16
before services are initiated. The department shall inform the 17
parents of their rights under family assessment response, all of 18
their options, and the options the department has if the parents do 19
not agree to participate in services. 20
(15)(a) In conducting an investigation or family assessment of 21
alleged abuse or neglect, the department or law enforcement agency:22
(i) May interview children. If the department determines that the 23
response to the allegation will be family assessment response, the 24
preferred practice is to request a parent's, guardian's, or 25
custodian's permission to interview the child before conducting the 26
child interview unless doing so would compromise the safety of the 27
child or the integrity of the assessment. The interviews may be 28
conducted on school premises, at day-care facilities, at the child's 29
home, or at other suitable locations outside of the presence of 30
parents. If the allegation is investigated, parental notification of 31
the interview must occur at the earliest possible point in the 32
investigation that will not jeopardize the safety or protection of 33
the child or the course of the investigation. Prior to commencing the 34
interview the department or law enforcement agency shall determine 35
whether the child wishes a third party to be present for the 36
interview and, if so, shall make reasonable efforts to accommodate 37
the child's wishes. Unless the child objects, the department or law 38
enforcement agency shall make reasonable efforts to include a third 39
p. 9 HB 1544
party in any interview so long as the presence of the third party 1
will not jeopardize the course of the investigation; and2
(ii) Shall have access to all relevant records of the child in 3
the possession of mandated reporters and their employees.4
(b) The Washington state school directors' association shall 5
adopt a model policy addressing protocols when an interview, as 6
authorized by this subsection, is conducted on school premises. In 7
formulating its policy, the association shall consult with the 8
department and the Washington association of sheriffs and police 9
chiefs. 10
(16) If a report of alleged abuse or neglect is founded and 11
constitutes the third founded report received by the department 12
within the last twelve months involving the same child or family, the 13
department shall promptly notify the office of the family and 14
children's ombuds of the contents of the report. The department shall 15
also notify the ombuds of the disposition of the report.16
(17) In investigating and responding to allegations of child 17
abuse and neglect, the department may conduct background checks as 18
authorized by state and federal law. 19
(18)(a) The department shall maintain investigation records and 20
conduct timely and periodic reviews of all founded cases of abuse and 21
neglect. The department shall maintain a log of screened-out 22
nonabusive cases. 23
(b) In the family assessment response, the department shall not 24
make a finding as to whether child abuse or neglect occurred. No one 25
shall be named as a perpetrator and no investigative finding shall be 26
entered in the department's child abuse or neglect database.27
(19)(a) The department shall use a risk assessment process when 28
investigating alleged child abuse and neglect referrals. The 29
department shall present the risk factors at all hearings in which 30
the placement of a dependent child is an issue. Substance abuse must 31
be a risk factor. 32
(b) The risk assessment process used under this subsection must 33
be certified at least once every three years based on current 34
academic standards for assessment validation, and can be certified by 35
the office of innovation, alignment, and accountability or an outside 36
researcher.37
(20) Upon receipt of a report of alleged abuse or neglect the law 38
enforcement agency may arrange to interview the person making the 39
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report and any collateral sources to determine if any malice is 1
involved in the reporting. 2
(21) Upon receiving a report of alleged abuse or neglect 3
involving a child under the court's jurisdiction under chapter 13.34 4
RCW, the department shall promptly notify the child's guardian ad 5
litem of the report's contents. The department shall also notify the 6
guardian ad litem of the disposition of the report. For purposes of 7
this subsection, "guardian ad litem" has the meaning provided in RCW 8
13.34.030. 9
(22) The department shall make efforts as soon as practicable to 10
determine the military status of parents whose children are subject 11
to abuse or neglect allegations. If the department determines that a 12
parent or guardian is in the military, the department shall notify a 13
department of defense family advocacy program that there is an 14
allegation of abuse and neglect that is screened in and open for 15
investigation that relates to that military parent or guardian.16
(23) The department shall make available on its public website a 17
downloadable and printable poster that includes the reporting 18
requirements included in this section. The poster must be no smaller 19
than eight and one-half by eleven inches with all information on one 20
side. The poster must be made available in both the English and 21
Spanish languages. Organizations that include employees or volunteers 22
subject to the reporting requirements of this section must clearly 23
display this poster in a common area. At a minimum, this poster must 24
include the following: 25
(a) Who is required to report child abuse and neglect;26
(b) The standard of knowledge to justify a report;27
(c) The definition of reportable crimes; 28
(d) Where to report suspected child abuse and neglect; and29
(e) What should be included in a report and the appropriate 30
timing. 31
--- END ---
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