Safety of youth sports

AN ACT Relating to safety of youth sports; amending RCW 1
26.44.020, 26.44.030, 43.43.830, and 43.43.834; adding new sections 2
to chapter 26.44 RCW; adding new sections to chapter 28A.600 RCW; and 3
providing an effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 26.44.020 and 2024 c 298 s 5 are each amended to 6
read as follows: 7
The definitions in this section apply throughout this chapter 8
unless the context clearly requires otherwise. 9
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, 10
female genital mutilation as defined in RCW 18.130.460, trafficking 11
as described in RCW 9A.40.100, sex trafficking or severe forms of 12
trafficking in persons under the trafficking victims protection act 13
of 2000, 22 U.S.C. Sec. 7101 et seq., or injury of a child by any 14
person under circumstances which cause harm to the child's health, 15
welfare, or safety, excluding conduct permitted under RCW 9A.16.100; 16
or the negligent treatment or maltreatment of a child by a person 17
responsible for or providing care to the child. An abused child is a 18
child who has been subjected to child abuse or neglect as defined in 19
this section. 20
H-1079.1
HOUSE BILL 1803
State of Washington 69th Legislature 2025 Regular Session
By Representatives Rule, Bernbaum, Santos, and Reed
Read first time 02/03/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1803
(2) "Child" or "children" means any person under the age of 1
eighteen years of age. 2
(3) "Child forensic interview" means a developmentally sensitive 3
and legally sound method of gathering factual information regarding 4
allegations of child abuse, child neglect, or exposure to violence. 5
This interview is conducted by a competently trained, neutral 6
professional utilizing techniques informed by research and best 7
practice as part of a larger investigative process.8
(4) "Child protective services" means those services provided by 9
the department designed to protect children from child abuse and 10
neglect and safeguard such children from future abuse and neglect, 11
and conduct investigations of child abuse and neglect reports. 12
Investigations may be conducted regardless of the location of the 13
alleged abuse or neglect. Child protective services includes referral 14
to services to ameliorate conditions that endanger the welfare of 15
children, the coordination of necessary programs and services 16
relevant to the prevention, intervention, and treatment of child 17
abuse and neglect, and services to children to ensure that each child 18
has a permanent home. In determining whether protective services 19
should be provided, the department shall not decline to provide such 20
services solely because of the child's unwillingness or developmental 21
inability to describe the nature and severity of the abuse or 22
neglect. 23
(5) "Child protective services section" means the child 24
protective services section of the department. 25
(6) "Child who is a candidate for foster care" means a child who 26
the department identifies as being at imminent risk of entering 27
foster care but who can remain safely in the child's home or in a 28
kinship placement as long as services or programs that are necessary 29
to prevent entry of the child into foster care are provided, and 30
includes but is not limited to a child whose adoption or guardianship 31
arrangement is at risk of a disruption or dissolution that would 32
result in a foster care placement. The term includes a child for whom 33
there is reasonable cause to believe that any of the following 34
circumstances exist: 35
(a) The child has been abandoned by the parent as defined in RCW 36
13.34.030 and the child's health, safety, and welfare is seriously 37
endangered as a result; 38
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(b) The child has been abused or neglected as defined in this 1
chapter and the child's health, safety, and welfare is seriously 2
endangered as a result; 3
(c) There is no parent capable of meeting the child's needs such 4
that the child is in circumstances that constitute a serious danger 5
to the child's development; 6
(d) The child is otherwise at imminent risk of harm.7
(7) "Children's advocacy center" means a child-focused facility 8
in good standing with the state chapter for children's advocacy 9
centers and that coordinates a multidisciplinary process for the 10
investigation, prosecution, and treatment of sexual and other types 11
of child abuse. Children's advocacy centers provide a location for 12
forensic interviews and coordinate access to services such as, but 13
not limited to, medical evaluations, advocacy, therapy, and case 14
review by multidisciplinary teams within the context of county 15
protocols as defined in RCW 26.44.180 and 26.44.185.16
(8) "Clergy" means any regularly licensed or ordained minister, 17
priest, or rabbi of any church or religious denomination, whether 18
acting in an individual capacity or as an employee or agent of any 19
public or private organization or institution. 20
(9) "Court" means the superior court of the state of Washington, 21
juvenile department. 22
(10) "Department" means the department of children, youth, and 23
families. 24
(11) "Experiencing homelessness" means lacking a fixed, regular, 25
and adequate nighttime residence, including circumstances such as 26
sharing the housing of other persons due to loss of housing, economic 27
hardship, fleeing domestic violence, or a similar reason as described 28
in the federal McKinney-Vento homeless assistance act (Title 42 29
U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.30
(12) "Family assessment" means a comprehensive assessment of 31
child safety, risk of subsequent child abuse or neglect, and family 32
strengths and needs that is applied to a child abuse or neglect 33
report. Family assessment does not include a determination as to 34
whether child abuse or neglect occurred, but does determine the need 35
for services to address the safety of the child and the risk of 36
subsequent maltreatment. 37
(13) "Family assessment response" means a way of responding to 38
certain reports of child abuse or neglect made under this chapter 39
using a differential response approach to child protective services. 40
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The family assessment response shall focus on the safety of the 1
child, the integrity and preservation of the family, and shall assess 2
the status of the child and the family in terms of risk of abuse and 3
neglect including the parent's or guardian's or other caretaker's 4
capacity and willingness to protect the child and, if necessary, plan 5
and arrange the provision of services to reduce the risk and 6
otherwise support the family. No one is named as a perpetrator, and 7
no investigative finding is entered in the record as a result of a 8
family assessment. 9
(14) "Founded" means the determination following an investigation 10
by the department that, based on available information, it is more 11
likely than not that child abuse or neglect did occur.12
(15) "Inconclusive" means the determination following an 13
investigation by the department of social and health services, prior 14
to October 1, 2008, that based on available information a decision 15
cannot be made that more likely than not, child abuse or neglect did 16
or did not occur. 17
(16) "Institution" means a private or public hospital or any 18
other facility providing medical diagnosis, treatment, or care.19
(17) "Law enforcement agency" means the police department, the 20
prosecuting attorney, the state patrol, the director of public 21
safety, or the office of the sheriff. 22
(18) "Malice" or "maliciously" means an intent, wish, or design 23
to intimidate, annoy, or injure another person. Such malice may be 24
inferred from an act done in willful disregard of the rights of 25
another, or an act wrongfully done without just cause or excuse, or 26
an act or omission of duty betraying a willful disregard of social 27
duty. 28
(19) "Negligent treatment or maltreatment" means an act or a 29
failure to act, or the cumulative effects of a pattern of conduct, 30
behavior, or inaction, that evidences a serious disregard of 31
consequences of such magnitude as to constitute a clear and present 32
danger to a child's health, welfare, or safety, including but not 33
limited to conduct prohibited under RCW 9A.42.100. When considering 34
whether a clear and present danger exists, evidence of a parent's 35
substance abuse as a contributing factor to negligent treatment or 36
maltreatment shall be given great weight. The fact that siblings 37
share a bedroom is not, in and of itself, negligent treatment or 38
maltreatment. Poverty, experiencing homelessness, or exposure to 39
domestic violence as defined in RCW 7.105.010 that is perpetrated 40
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against someone other than the child does not constitute negligent 1
treatment or maltreatment in and of itself. 2
(20) "Pharmacist" means any registered pharmacist under chapter 3
18.64 RCW, whether acting in an individual capacity or as an employee 4
or agent of any public or private organization or institution.5
(21) "Practitioner of the healing arts" or "practitioner" means a 6
person licensed by this state to practice podiatric medicine and 7
surgery, optometry, chiropractic, nursing, dentistry, osteopathic 8
medicine and surgery, or medicine and surgery or to provide other 9
health services. The term "practitioner" includes a duly accredited 10
Christian Science practitioner. A person who is being furnished 11
Christian Science treatment by a duly accredited Christian Science 12
practitioner will not be considered, for that reason alone, a 13
neglected person for the purposes of this chapter.14
(22) "Prevention and family services and programs" means specific 15
mental health prevention and treatment services, substance abuse 16
prevention and treatment services, and in-home parent skill-based 17
programs that qualify for federal funding under the federal family 18
first prevention services act, P.L. 115-123. For purposes of this 19
chapter, prevention and family services and programs are not remedial 20
services or family reunification services as described in RCW 21
13.34.025(2). 22
(23) "Professional school personnel" include, but are not limited 23
to, teachers, counselors, administrators, child care facility 24
personnel, and school nurses. 25
(24) "Psychologist" means any person licensed to practice 26
psychology under chapter 18.83 RCW, whether acting in an individual 27
capacity or as an employee or agent of any public or private 28
organization or institution. 29
(25) "Screened-out report" means a report of alleged child abuse 30
or neglect that the department has determined does not rise to the 31
level of a credible report of abuse or neglect and is not referred 32
for investigation. 33
(26) "Sexual exploitation" includes: (a) Allowing, permitting, or 34
encouraging a child to engage in prostitution by any person; or (b) 35
allowing, permitting, encouraging, or engaging in the obscene or 36
pornographic photographing, filming, or depicting of a child by any 37
person. 38
(27) "Sexually aggressive youth" means a child who is defined in 39
RCW 74.13.075(1)(b) as being a sexually aggressive youth.40
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(28) "Social service counselor" means anyone engaged in a 1
professional capacity during the regular course of employment in 2
encouraging or promoting the health, welfare, support, or education 3
of children, or providing social services to adults or families, 4
including mental health, drug and alcohol treatment, and domestic 5
violence programs, whether in an individual capacity, or as an 6
employee or agent of any public or private organization or 7
institution. 8
(29) "Unfounded" means the determination following an 9
investigation by the department that available information indicates 10
that, more likely than not, child abuse or neglect did not occur, or 11
that there is insufficient evidence for the department to determine 12
whether the alleged child abuse did or did not occur.13
(30) "Coach" means a person employed or volunteering as a coach, 14
manager, or supervisor of a youth athletic activity, but does not 15
include occasional assistance with or support of the youth athletic 16
activity by a person, including the actions of other volunteers or 17
employees of the youth sports organization in a passing, general, or 18
nominal manner.19
(31)(a) "Youth sports organization" means:20
(i) A private for-profit or nonprofit organization that as part 21
of its core function provides persons who are less than 18 years old 22
the opportunity to participate in scheduled competitive or 23
recreational sporting activities whether individually or as a team, 24
but does not include a sporting activity that is incidental to a 25
nonathletic program or lesson; and26
(ii) A city or county when providing persons who are less than 18 27
years old the opportunity to participate in scheduled competitive or 28
recreational sporting activities whether individually or as a team, 29
but does not include a sporting activity that is incidental to a 30
nonathletic program or lesson.31
(b) "Youth sports organization" does not include:32
(i) A licensed child care center or family home provider as 33
defined under RCW 43.216.010;34
(ii) An institution of higher education, as defined in RCW 35
28B.10.016, or a private institution of higher education; or36
(iii) An organization that provides the opportunity to 37
participate in an unsupervised, unscheduled competitive, or 38
recreational sporting event.39
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NEW SECTION. Sec. 2. A new section is added to chapter 26.44 1
RCW to read as follows: 2
(1) Beginning July 1, 2026, each youth sports organization shall 3
require each coach to annually complete training regarding mandatory 4
reporting of child abuse and neglect as provided in RCW 26.44.030 5
developed by the department under section 3 of this act.6
(2) Each youth sports organization shall encourage each coach 7
associated with that youth sports organization to complete an abuse 8
prevention training program that includes the following:9
(a) Prohibited conduct by coaches; 10
(b) Appropriate one-on-one interactions between players and 11
coaches; 12
(c) How to recognize and appropriately respond to and prevent 13
behaviors that violate the prohibited conduct policy under section 3 14
of this act; and 15
(d) How to respond to disclosures of sexual abuse, child abuse, 16
or reports of behaviors violating the prohibited conduct policy 17
developed under section 3 of this act in a supportive and appropriate 18
manner that meets the mandatory reporting of child abuse and neglect 19
requirements provided in RCW 26.44.030. 20
(3) Each youth sports organization shall require each of its 21
coaches to comply with the prohibited conduct policy required under 22
section 3 of this act. 23
NEW SECTION. Sec. 3. A new section is added to chapter 26.44 24
RCW to read as follows: 25
(1) By January 1, 2026, the department shall develop and make 26
available a youth sports organization prohibited conduct policy that 27
meets the requirements of this subsection. Each youth sports 28
organization shall adopt the prohibited conduct policy developed by 29
the department or develop a prohibited conduct policy relating to 30
youth athletic activities. The prohibited conduct policy required 31
under this subsection must include: 32
(a) A list of prohibited conduct by parents, spectators, coaches, 33
and athletes and a mandatory reporting policy for adults who have 34
knowledge of an act of prohibited conduct; and 35
(b) A code of conduct for parents, spectators, coaches, and 36
athletes to follow. 37
(2) By January 1, 2026, the department shall develop or contract 38
with an external entity for the development of a training regarding 39
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mandatory reporting of child abuse and neglect suitable for 1
individuals who are identified as mandatory reporters of child abuse 2
and neglect under RCW 26.44.030. The department shall make the 3
training developed under this subsection available to the public in 4
an accessible format. 5
Sec. 4. RCW 26.44.030 and 2024 c 298 s 6 are each amended to 6
read as follows: 7
(1)(a) When any practitioner, county coroner or medical examiner, 8
law enforcement officer, professional school personnel, registered or 9
licensed nurse, social service counselor, psychologist, pharmacist, 10
employee of the department of children, youth, and families, licensed 11
or certified child care providers or their employees, employee of the 12
department of social and health services, juvenile probation officer, 13
diversion unit staff, placement and liaison specialist, responsible 14
living skills program staff, HOPE center staff, state family and 15
children's ombuds or any volunteer in the ombuds' office, coach of a 16
youth sports organization, or host home program has reasonable cause 17
to believe that a child has suffered abuse or neglect, he or she 18
shall report such incident, or cause a report to be made, to the 19
proper law enforcement agency or to the department as provided in RCW 20
26.44.040. 21
(b) When any person, in his or her official supervisory capacity 22
with a nonprofit or for-profit organization, has reasonable cause to 23
believe that a child has suffered abuse or neglect caused by a person 24
over whom he or she regularly exercises supervisory authority, he or 25
she shall report such incident, or cause a report to be made, to the 26
proper law enforcement agency, provided that the person alleged to 27
have caused the abuse or neglect is employed by, contracted by, or 28
volunteers with the organization and coaches, trains, educates, or 29
counsels a child or children or regularly has unsupervised access to 30
a child or children as part of the employment, contract, or voluntary 31
service. No one shall be required to report under this section when 32
he or she obtains the information solely as a result of a privileged 33
communication as provided in RCW 5.60.060. 34
Nothing in this subsection (1)(b) shall limit a person's duty to 35
report under (a) of this subsection. 36
For the purposes of this subsection, the following definitions 37
apply: 38
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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
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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
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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
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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) 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
(20) Upon receipt of a report of alleged abuse or neglect the law 33
enforcement agency may arrange to interview the person making the 34
report and any collateral sources to determine if any malice is 35
involved in the reporting. 36
(21) Upon receiving a report of alleged abuse or neglect 37
involving a child under the court's jurisdiction under chapter 13.34 38
RCW, the department shall promptly notify the child's guardian ad 39
litem of the report's contents. The department shall also notify the 40
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guardian ad litem of the disposition of the report. For purposes of 1
this subsection, "guardian ad litem" has the meaning provided in RCW 2
13.34.030. 3
(22) The department shall make efforts as soon as practicable to 4
determine the military status of parents whose children are subject 5
to abuse or neglect allegations. If the department determines that a 6
parent or guardian is in the military, the department shall notify a 7
department of defense family advocacy program that there is an 8
allegation of abuse and neglect that is screened in and open for 9
investigation that relates to that military parent or guardian.10
(23) The department shall make available on its public website a 11
downloadable and printable poster that includes the reporting 12
requirements included in this section. The poster must be no smaller 13
than eight and one-half by eleven inches with all information on one 14
side. The poster must be made available in both the English and 15
Spanish languages. Organizations that include employees or volunteers 16
subject to the reporting requirements of this section must clearly 17
display this poster on their website or in a common area. At a 18
minimum, this poster must include the following: 19
(a) Who is required to report child abuse and neglect;20
(b) The standard of knowledge to justify a report;21
(c) The definition of reportable crimes; 22
(d) Where to report suspected child abuse and neglect; and23
(e) What should be included in a report and the appropriate 24
timing. 25
Sec. 5. RCW 43.43.830 and 2019 c 271 s 10 are each amended to 26
read as follows: 27
Unless the context clearly requires otherwise, the definitions in 28
this section apply throughout this section and RCW ((43.43.830)) 29
43.43.832 through 43.43.845. 30
(1) "Agency" means any person, firm, partnership, association, 31
corporation, or facility which receives, provides services to, houses 32
or otherwise cares for vulnerable adults, juveniles, or children, or 33
which provides child day care, early learning, or early childhood 34
education services. 35
(2) "Applicant" means: 36
(a) Any prospective employee who will or may have unsupervised 37
access to children under sixteen years of age or developmentally 38
p. 17 HB 1803
disabled persons or vulnerable adults during the course of his or her 1
employment or involvement with the business or organization;2
(b) Any prospective volunteer who will have regularly scheduled 3
unsupervised access to children under sixteen years of age, 4
developmentally disabled persons, or vulnerable adults during the 5
course of his or her employment or involvement with the business or 6
organization under circumstances where such access will or may 7
involve groups of (i) five or fewer children under twelve years of 8
age, (ii) three or fewer children between twelve and sixteen years of 9
age, (iii) developmentally disabled persons, or (iv) vulnerable 10
adults; 11
(c) Any prospective adoptive parent, as defined in RCW 26.33.020; 12
or 13
(d) Any prospective custodian in a nonparental custody proceeding 14
under chapter 26.10 RCW. 15
(3) "Business or organization" means a person, business, or 16
organization licensed in this state, any agency of the state, or 17
other governmental entity, that educates, trains, treats, supervises, 18
houses, or provides recreation to developmentally disabled persons, 19
vulnerable adults, or children under sixteen years of age, or that 20
provides child day care, early learning, or early learning childhood 21
education services, including but not limited to public housing 22
authorities, school districts, and educational service districts.23
(4) "Civil adjudication proceeding" is a judicial or 24
administrative adjudicative proceeding that results in a finding of, 25
or upholds an agency finding of, domestic violence, abuse, sexual 26
abuse, neglect, abandonment, violation of a professional licensing 27
standard regarding a child or vulnerable adult, or exploitation or 28
financial exploitation of a child or vulnerable adult under any 29
provision of law, including but not limited to chapter 13.34, 26.44, 30
or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. 31
"Civil adjudication proceeding" also includes judicial or 32
administrative findings that become final due to the failure of the 33
alleged perpetrator to timely exercise a legal right to 34
administratively challenge such findings. 35
(5) "Client" or "resident" means a child, person with 36
developmental disabilities, or vulnerable adult applying for housing 37
assistance from a business or organization. 38
(6) "Conviction record" means "conviction record" information as 39
defined in RCW 10.97.030 and 10.97.050 relating to a crime committed 40
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by either an adult or a juvenile. It does not include a conviction 1
for an offense that has been the subject of an expungement, pardon, 2
annulment, certificate of rehabilitation, or other equivalent 3
procedure based on a finding of the rehabilitation of the person 4
convicted, or a conviction that has been the subject of a pardon, 5
annulment, or other equivalent procedure based on a finding of 6
innocence. It does include convictions for offenses for which the 7
defendant received a deferred or suspended sentence, unless the 8
record has been expunged according to law. 9
(7) "Crime against children or other persons" means a conviction 10
of any of the following offenses: Aggravated murder; first or second 11
degree murder; first or second degree kidnapping; first, second, or 12
third degree assault; fourth degree assault (if a violation of RCW 13
9A.36.041(3)); first, second, or third degree assault of a child; 14
first, second, or third degree rape; first, second, or third degree 15
rape of a child; first or second degree robbery; first degree arson; 16
first degree burglary; first or second degree manslaughter; first or 17
second degree extortion; indecent liberties; incest; vehicular 18
homicide; first degree promoting prostitution; communication with a 19
minor; unlawful imprisonment; simple assault; sexual exploitation of 20
minors; first or second degree criminal mistreatment; endangerment 21
with a controlled substance; child abuse or neglect as defined in RCW 22
26.44.020; first or second degree custodial interference; first or 23
second degree custodial sexual misconduct; hate crime; first, second, 24
or third degree child molestation; first or second degree sexual 25
misconduct with a minor; commercial sexual abuse of a minor; child 26
abandonment; promoting pornography; selling or distributing erotic 27
material to a minor; custodial assault; violation of child abuse 28
restraining order; child buying or selling; prostitution; felony 29
indecent exposure; criminal abandonment; or any of these crimes as 30
they may be renamed in the future. 31
(8) "Crimes relating to drugs" means a conviction of a crime to 32
manufacture, delivery, or possession with intent to manufacture or 33
deliver a controlled substance. 34
(9) "Crimes relating to financial exploitation" means a 35
conviction for first, second, or third degree extortion; first, 36
second, or third degree theft; first or second degree robbery; 37
forgery; or any of these crimes as they may be renamed in the future.38
(10) "Financial exploitation" means "financial exploitation" as 39
defined in RCW 74.34.020. 40
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(11) "Health care facility" means a nursing home licensed under 1
chapter 18.51 RCW, an assisted living facility licensed under chapter 2
18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.3
(12) "Peer counselor" means a nonprofessional person who has 4
equal standing with another person, providing advice on a topic about 5
which the nonprofessional person is more experienced or 6
knowledgeable, and who is a counselor for a peer counseling program 7
that contracts with or is otherwise approved by the department, 8
another state or local agency, or the court. 9
(13) "Unsupervised" means not in the presence of:10
(a) Another employee or volunteer from the same business or 11
organization as the applicant; or 12
(b) Any relative or guardian of any of the children or 13
developmentally disabled persons or vulnerable adults to which the 14
applicant has access during the course of his or her employment or 15
involvement with the business or organization. 16
With regard to peer counselors, "unsupervised" does not include 17
incidental contact with children under age sixteen at the location at 18
which the peer counseling is taking place. "Incidental contact" means 19
minor or casual contact with a child in an area accessible to and 20
within visual or auditory range of others. It could include passing a 21
child while walking down a hallway but would not include being alone 22
with a child for any period of time in a closed room or office.23
(14) "Vulnerable adult" means "vulnerable adult" as defined in 24
chapter 74.34 RCW, except that for the purposes of requesting and 25
receiving background checks pursuant to RCW 43.43.832, it shall also 26
include adults of any age who lack the functional, mental, or 27
physical ability to care for themselves. 28
(15) "Coach" means a person employed or volunteering as a coach, 29
manager, or supervisor of a youth athletic activity, but does not 30
include occasional assistance with or support of the youth athletic 31
activity by a person, including the actions of other volunteers or 32
employees of the youth sports organization in a passing, general, or 33
nominal manner.34
(16)(a) "Youth sports organization" means:35
(i) A private for-profit or nonprofit organization that as part 36
of its core function provides persons who are less than 18 years old 37
the opportunity to participate in scheduled competitive or 38
recreational sporting activities whether individually or as a team, 39
p. 20 HB 1803
but does not include a sporting activity that is incidental to a 1
nonathletic program or lesson; and 2
(ii) A city or county when providing persons who are less than 18 3
years old the opportunity to participate in scheduled competitive or 4
recreational sporting activities whether individually or as a team, 5
but does not include a sporting activity that is incidental to a 6
nonathletic program or lesson.7
(b) "Youth sports organization" does not include:8
(i) A licensed child care center or family home provider as 9
defined under RCW 43.216.010;10
(ii) An institution of higher education, as defined in RCW 11
28B.10.016, or a private institution of higher education; or12
(iii) An organization that provides the opportunity to 13
participate in an unsupervised, unscheduled competitive, or 14
recreational sporting event.15
Sec. 6. RCW 43.43.834 and 2005 c 421 s 3 are each amended to 16
read as follows: 17
(1) A business or organization shall not make an inquiry to the 18
Washington state patrol under RCW 43.43.832 or an equivalent inquiry 19
to a federal law enforcement agency unless the business or 20
organization has notified the applicant who may be offered a position 21
as an employee or volunteer, that an inquiry may be made.22
(2) A business or organization shall require each applicant to 23
disclose to the business or organization whether the applicant:24
(a) Has been convicted of a crime; 25
(b) Has had findings made against him or her in any civil 26
((adjudicative)) adjudication proceeding as defined in RCW 43.43.830; 27
or 28
(c) Has both a conviction under (a) of this subsection and 29
findings made against him or her under (b) of this subsection.30
(3)(a) A youth sports organization shall make an inquiry to the 31
Washington state patrol under RCW 43.43.832 or an equivalent inquiry 32
to a federal law enforcement before employing any coach.33
(b) A youth sports organization may not hire a coach if the 34
inquiry required under this subsection (3) shows that the person has 35
been convicted of a crime against children or other persons.36
(4) The business or organization shall pay such reasonable fee 37
for the records check as the state patrol may require under RCW 38
43.43.838. 39
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(((4))) (5) The business or organization shall notify the 1
applicant of the state patrol's response within ten days after 2
receipt by the business or organization. The employer shall provide a 3
copy of the response to the applicant and shall notify the applicant 4
of such availability. 5
(((5))) (6) The business or organization shall use this record 6
only in making the initial employment or engagement decision. Further 7
dissemination or use of the record is prohibited, except as provided 8
in RCW 28A.320.155. A business or organization violating this 9
subsection is subject to a civil action for damages.10
(((6))) (7) An insurance company shall not require a business or 11
organization to request background information on any employee before 12
issuing a policy of insurance. 13
(((7))) (8) The business and organization shall be immune from 14
civil liability for failure to request background information on an 15
applicant unless the failure to do so constitutes gross negligence.16
NEW SECTION. Sec. 7. A new section is added to chapter 28A.600 17
RCW to read as follows: 18
(1) The Washington interscholastic activities association shall 19
require each coach of a youth athletic activity as defined in RCW 20
26.44.020 that involves interscholastic play to complete an abuse 21
prevention training program prior to beginning a coach position. The 22
Washington interscholastic activities association may require each 23
coach to take an updated abuse prevention training program course on 24
a schedule determined by the Washington interscholastic activities 25
association. 26
(2) The abuse prevention training program required under this 27
section must include the following: 28
(a) Prohibited conduct by coaches; 29
(b) Appropriate one-on-one interactions between players and 30
coaches; 31
(c) How to recognize and appropriately respond to and prevent 32
behaviors that violate the prohibited conduct policy under section 8 33
of this act; and 34
(d) How to respond to disclosures of sexual abuse, child abuse, 35
or reports of behaviors violating the prohibited conduct policy 36
developed under section 8 of this act in a supportive and appropriate 37
manner that meets the mandatory reporting of child abuse and neglect 38
requirements provided in RCW 26.44.030. 39
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(3) Upon completion of the abuse prevention training program 1
required under this section, a coach of a youth athletic activity 2
that involves interscholastic play must submit evidence of the 3
completion of this training to the school district that employs the 4
coach. 5
NEW SECTION. Sec. 8. A new section is added to chapter 28A.600 6
RCW to read as follows: 7
By January 1, 2026, the Washington interscholastic activities 8
association shall develop a prohibited conduct policy that meets the 9
requirements of this section. Each school district shall adopt the 10
prohibited conduct policy developed by the Washington interscholastic 11
activities association or develop a prohibited conduct policy 12
relating to youth athletic activities. The prohibited conduct policy 13
required under this section must include: 14
(1) A list of prohibited conduct by parents, spectators, coaches, 15
and athletes and a mandatory reporting policy for adults who have 16
knowledge of an act of prohibited conduct; and 17
(2) A code of conduct for parents, spectators, coaches, and 18
athletes to follow. 19
NEW SECTION. Sec. 9. Sections 4, 6, and 7 of this act take 20
effect July 1, 2026.21
--- END ---
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