Coaches of youth sports

AN ACT Relating to coaches of youth sports organizations; 1
amending RCW 43.43.830 and 43.43.834; reenacting and amending RCW 2
26.44.020 and 26.44.030; and adding a new section to chapter 26.44 3
RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 26.44.020 and 2025 c 197 s 1 and 2025 c 75 s 2 are 6
each reenacted and amended to 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-2612.1
HOUSE BILL 2180
State of Washington 69th Legislature 2026 Regular Session
By Representatives Ley, Burnett, and McClintock
Prefiled 12/22/25. Read first time 01/12/26. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 2180
(2) "Child" or "children" means any person under the age of 18 1
years of age. 2
(3) "Child forensic interview" means a developmentally sensitive, 3
legally sound, culturally responsive, fact-finding interview of a 4
child that is part of the multidisciplinary team response in child 5
abuse investigations for the purpose of eliciting a child's unique 6
information when there are concerns of possible abuse or when the 7
child has been exposed to violence against another person. Child 8
forensic interviews are conducted in a supportive and nonleading 9
manner by a professional with specialized training in a research-10
based forensic interview model for conducting child forensic 11
interviews, ideally conducted in a neutral location, such as a 12
children's advocacy center, and may be observed by approved members 13
of the multidisciplinary child protection team as outlined in county 14
child abuse investigation protocols under RCW 26.44.180.15
(4) "Child protective services" means those services provided by 16
the department designed to protect children from child abuse and 17
neglect and safeguard such children from future abuse and neglect, 18
and conduct investigations of child abuse and neglect reports. 19
Investigations may be conducted regardless of the location of the 20
alleged abuse or neglect. Child protective services includes referral 21
to services to ameliorate conditions that endanger the welfare of 22
children, the coordination of necessary programs and services 23
relevant to the prevention, intervention, and treatment of child 24
abuse and neglect, and services to children to ensure that each child 25
has a permanent home. In determining whether protective services 26
should be provided, the department shall not decline to provide such 27
services solely because of the child's unwillingness or developmental 28
inability to describe the nature and severity of the abuse or 29
neglect. 30
(5) "Child protective services section" means the child 31
protective services section of the department. 32
(6) "Child who is a candidate for foster care" means a child who 33
the department identifies as being at imminent risk of entering 34
foster care but who can remain safely in the child's home or in a 35
kinship placement as long as services or programs that are necessary 36
to prevent entry of the child into foster care are provided, and 37
includes but is not limited to a child whose adoption or guardianship 38
arrangement is at risk of a disruption or dissolution that would 39
result in a foster care placement. The term includes a child for whom 40
p. 2 HB 2180
there is reasonable cause to believe that any of the following 1
circumstances exist: 2
(a) The child has been abandoned by the parent as defined in RCW 3
13.34.030 and the child's health, safety, and welfare is seriously 4
endangered as a result; 5
(b) The child has been abused or neglected as defined in this 6
chapter and the child's health, safety, and welfare is seriously 7
endangered as a result; 8
(c) There is no parent capable of meeting the child's needs such 9
that the child is in circumstances that constitute a serious danger 10
to the child's development; 11
(d) The child is otherwise at imminent risk of harm.12
(7) "Children's advocacy center" means a child-focused, 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) "Court" means the superior court of the state of Washington, 34
juvenile department. 35
(10) "Department" means the department of children, youth, and 36
families. 37
(11) "Experiencing homelessness" means lacking a fixed, regular, 38
and adequate nighttime residence, including circumstances such as 39
sharing the housing of other persons due to loss of housing, economic 40
p. 3 HB 2180
hardship, fleeing domestic violence, or a similar reason as described 1
in the federal McKinney-Vento homeless assistance act (Title 42 2
U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.3
(12) "Family assessment" means a comprehensive assessment of 4
child safety, risk of subsequent child abuse or neglect, and family 5
strengths and needs that is applied to a child abuse or neglect 6
report. Family assessment does not include a determination as to 7
whether child abuse or neglect occurred, but does determine the need 8
for services to address the safety of the child and the risk of 9
subsequent maltreatment. 10
(13) "Family assessment response" means a way of responding to 11
certain reports of child abuse or neglect made under this chapter 12
using a differential response approach to child protective services. 13
The family assessment response shall focus on the safety of the 14
child, the integrity and preservation of the family, and shall assess 15
the status of the child and the family in terms of risk of abuse and 16
neglect including the parent's or guardian's or other caretaker's 17
capacity and willingness to protect the child and, if necessary, plan 18
and arrange the provision of services to reduce the risk and 19
otherwise support the family. No one is named as a perpetrator, and 20
no investigative finding is entered in the record as a result of a 21
family assessment. 22
(14) "Founded" means the determination following an investigation 23
by the department that, based on available information, it is more 24
likely than not that child abuse or neglect did occur.25
(15) "Inconclusive" means the determination following an 26
investigation by the department of social and health services, prior 27
to October 1, 2008, that based on available information a decision 28
cannot be made that more likely than not, child abuse or neglect did 29
or did not occur. 30
(16) "Institution" means a private or public hospital or any 31
other facility providing medical diagnosis, treatment, or care.32
(17) "Law enforcement agency" means the police department, the 33
prosecuting attorney, the state patrol, the director of public 34
safety, or the office of the sheriff. 35
(18) "Malice" or "maliciously" means an intent, wish, or design 36
to intimidate, annoy, or injure another person. Such malice may be 37
inferred from an act done in willful disregard of the rights of 38
another, or an act wrongfully done without just cause or excuse, or 39
p. 4 HB 2180
an act or omission of duty betraying a willful disregard of social 1
duty. 2
(19) "Member of the clergy" means any regularly licensed, 3
accredited, or ordained minister, priest, rabbi, imam, elder, or 4
similarly situated religious or spiritual leader of any church, 5
religious denomination, religious body, spiritual community, or sect, 6
or person performing official duties that are recognized as the 7
duties of a member of the clergy under the discipline, tenets, 8
doctrine, or custom of the person's church, religious denomination, 9
religious body, spiritual community, or sect, whether acting in an 10
individual capacity or as an employee, agent, or official of any 11
public or private organization or institution. 12
(20) "Negligent treatment or maltreatment" means an act or a 13
failure to act, or the cumulative effects of a pattern of conduct, 14
behavior, or inaction, that evidences a serious disregard of 15
consequences of such magnitude as to constitute a clear and present 16
danger to a child's health, welfare, or safety, including but not 17
limited to conduct prohibited under RCW 9A.42.100. When considering 18
whether a clear and present danger exists, evidence of a parent's 19
substance abuse as a contributing factor to negligent treatment or 20
maltreatment shall be given great weight. The fact that siblings 21
share a bedroom is not, in and of itself, negligent treatment or 22
maltreatment. Poverty, experiencing homelessness, or exposure to 23
domestic violence as defined in RCW 7.105.010 that is perpetrated 24
against someone other than the child does not constitute negligent 25
treatment or maltreatment in and of itself. 26
(21) "Pharmacist" means any registered pharmacist under chapter 27
18.64 RCW, whether acting in an individual capacity or as an employee 28
or agent of any public or private organization or institution.29
(22) "Practitioner of the healing arts" or "practitioner" means a 30
person licensed by this state to practice podiatric medicine and 31
surgery, optometry, chiropractic, nursing, dentistry, osteopathic 32
medicine and surgery, or medicine and surgery or to provide other 33
health services. The term "practitioner" includes a duly accredited 34
Christian Science practitioner. A person who is being furnished 35
Christian Science treatment by a duly accredited Christian Science 36
practitioner will not be considered, for that reason alone, a 37
neglected person for the purposes of this chapter.38
(23) "Prevention and family services and programs" means specific 39
mental health prevention and treatment services, substance abuse 40
p. 5 HB 2180
prevention and treatment services, and in-home parent skill-based 1
programs that qualify for federal funding under the federal family 2
first prevention services act, P.L. 115-123. For purposes of this 3
chapter, prevention and family services and programs are not remedial 4
services or family reunification services as described in RCW 5
13.34.025(2). 6
(24) "Professional school personnel" include, but are not limited 7
to, teachers, counselors, administrators, child care facility 8
personnel, and school nurses. 9
(25) "Psychologist" means any person licensed to practice 10
psychology under chapter 18.83 RCW, whether acting in an individual 11
capacity or as an employee or agent of any public or private 12
organization or institution. 13
(26) "Screened-out report" means a report of alleged child abuse 14
or neglect that the department has determined does not rise to the 15
level of a credible report of abuse or neglect and is not referred 16
for investigation. 17
(27) "Sexual exploitation" includes: (a) Allowing, permitting, or 18
encouraging a child to engage in prostitution by any person; or (b) 19
allowing, permitting, encouraging, or engaging in the obscene or 20
pornographic photographing, filming, or depicting of a child by any 21
person. 22
(28) "Sexually aggressive youth" means a child who is defined in 23
RCW 74.13.075(1)(b) as being a sexually aggressive youth.24
(29) "Social service counselor" means anyone engaged in a 25
professional capacity during the regular course of employment in 26
encouraging or promoting the health, welfare, support, or education 27
of children, or providing social services to adults or families, 28
including mental health, drug and alcohol treatment, and domestic 29
violence programs, whether in an individual capacity, or as an 30
employee or agent of any public or private organization or 31
institution. 32
(30) "Unfounded" means the determination following an 33
investigation by the department that available information indicates 34
that, more likely than not, child abuse or neglect did not occur, or 35
that there is insufficient evidence for the department to determine 36
whether the alleged child abuse did or did not occur.37
(31) "Coach" means a person employed or volunteering as a coach, 38
manager, or supervisor of a youth athletic activity, but does not 39
include occasional assistance with or support of the youth athletic 40
p. 6 HB 2180
activity by a person, including the actions of other volunteers or 1
employees of the youth sports organization in a passing, general, or 2
nominal manner. 3
(32)(a) "Youth sports organization" includes:4
(i) A private for-profit or nonprofit organization that as part 5
of its core function provides persons who are less than 18 years old 6
the opportunity to participate in scheduled competitive or 7
recreational sporting activities whether individually or as a team, 8
but does not include a sporting activity that is incidental to a 9
nonathletic program or lesson; and10
(ii) Interschool athletic activities governed by the Washington 11
interscholastic activities association, operated by any public school 12
as defined in RCW 28A.150.010, or operated by any private secondary 13
school, including those approved under chapter 28A.195 RCW; and14
(iii) A city or county when providing persons who are less than 15
18 years old the opportunity to participate in scheduled competitive 16
or recreational sporting activities whether individually or as a 17
team, but does not include a sporting activity that is incidental to 18
a nonathletic program or lesson.19
(b) "Youth sports organization" does not include:20
(i) A licensed child care center or family home provider as 21
defined in RCW 43.216.010;22
(ii) An institution of higher education, as defined in RCW 23
28B.10.016, or a private institution of higher education; or24
(iii) An organization that provides the opportunity to 25
participate in an unsupervised and unscheduled competitive or 26
recreational sporting event.27
NEW SECTION. Sec. 2. A new section is added to chapter 26.44 28
RCW to read as follows: 29
(1) By January 1, 2027, the department shall develop or contract 30
with an external entity for the development of a training regarding 31
mandatory reporting of child abuse and neglect suitable for coaches 32
of youth sports organizations. The department shall make the training 33
developed under this subsection available to the public in an 34
accessible format. 35
(2) Beginning July 1, 2027, each youth sports organization shall 36
require each coach to annually complete training regarding mandatory 37
reporting of child abuse and neglect as provided in RCW 26.44.030 38
developed by the department under subsection (1) of this section.39
p. 7 HB 2180
Sec. 3. RCW 26.44.030 and 2025 c 197 s 2 and 2025 c 192 s 2 are 1
each reenacted and amended to read as follows: 2
(1)(a) When any member of the clergy, practitioner, county 3
coroner or medical examiner, law enforcement officer, professional 4
school personnel, registered or licensed nurse, social service 5
counselor, psychologist, pharmacist, employee of the department of 6
children, youth, and families, licensed or certified child care 7
providers or their employees, employee of the department of social 8
and health services, juvenile probation officer, diversion unit 9
staff, placement and liaison specialist, responsible living skills 10
program staff, HOPE center staff, state family and children's ombuds 11
or any volunteer in the ombuds' office, coach of a youth sports 12
organization, or host home program has reasonable cause to believe 13
that a child has suffered abuse or neglect, he or she shall report 14
such incident, or cause a report to be made, to the proper law 15
enforcement agency or to the department as provided in RCW 26.44.040.16
(b) When any person, in his or her official supervisory capacity 17
with a nonprofit or for-profit organization, has reasonable cause to 18
believe that a child has suffered abuse or neglect caused by a person 19
over whom he or she regularly exercises supervisory authority, he or 20
she shall report such incident, or cause a report to be made, to the 21
proper law enforcement agency, provided that the person alleged to 22
have caused the abuse or neglect is employed by, contracted by, or 23
volunteers with the organization and coaches, trains, educates, or 24
counsels a child or children or regularly has unsupervised access to 25
a child or children as part of the employment, contract, or voluntary 26
service. Except for members of the clergy, no one shall be required 27
to report under this section when he or she obtains the information 28
solely as a result of a privileged communication as provided in RCW 29
5.60.060. 30
Nothing in this subsection (1)(b) shall limit a person's duty to 31
report under (a) of this subsection. 32
For the purposes of this subsection, the following definitions 33
apply: 34
(i) "Official supervisory capacity" means a position, status, or 35
role created, recognized, or designated by any nonprofit or for-36
profit organization, either for financial gain or without financial 37
gain, whose scope includes, but is not limited to, overseeing, 38
directing, or managing another person who is employed by, contracted 39
by, or volunteers with the nonprofit or for-profit organization.40
p. 8 HB 2180
(ii) "Organization" includes a sole proprietor, partnership, 1
corporation, limited liability company, trust, association, financial 2
institution, governmental entity, other than the federal government, 3
and any other individual or group engaged in a trade, occupation, 4
enterprise, governmental function, charitable function, or similar 5
activity in this state whether or not the entity is operated as a 6
nonprofit or for-profit entity. 7
(iii) "Reasonable cause" means a person witnesses or receives a 8
credible written or oral report alleging abuse, including sexual 9
contact, or neglect of a child. 10
(iv) "Regularly exercises supervisory authority" means to act in 11
his or her official supervisory capacity on an ongoing or continuing 12
basis with regards to a particular person. 13
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.14
(c) The reporting requirement also applies to department of 15
corrections personnel who, in the course of their employment, observe 16
offenders or the children with whom the offenders are in contact. If, 17
as a result of observations or information received in the course of 18
his or her employment, any department of corrections personnel has 19
reasonable cause to believe that a child has suffered abuse or 20
neglect, he or she shall report the incident, or cause a report to be 21
made, to the proper law enforcement agency or to the department as 22
provided in RCW 26.44.040. 23
(d) The reporting requirement shall also apply to any adult who 24
has reasonable cause to believe that a child who resides with them, 25
has suffered severe abuse, and is able or capable of making a report. 26
For the purposes of this subsection, "severe abuse" means any of the 27
following: Any single act of abuse that causes physical trauma of 28
sufficient severity that, if left untreated, could cause death; any 29
single act of sexual abuse that causes significant bleeding, deep 30
bruising, or significant external or internal swelling; or more than 31
one act of physical abuse, each of which causes bleeding, deep 32
bruising, significant external or internal swelling, bone fracture, 33
or unconsciousness. 34
(e) The reporting requirement also applies to guardians ad litem, 35
including court-appointed special advocates, appointed under Titles 36
11 and 13 RCW and this title, who in the course of their 37
representation of children in these actions have reasonable cause to 38
believe a child has been abused or neglected. 39
p. 9 HB 2180
(f) The reporting requirement in (a) of this subsection also 1
applies to administrative and academic or athletic department 2
employees, including student employees, of institutions of higher 3
education, as defined in RCW 28B.10.016, and of private institutions 4
of higher education. Under this subsection, the reporting requirement 5
applies to: 6
(i) An attorney who is employed by an institution of higher 7
education, as defined in RCW 28B.10.016, or private institution of 8
higher education, unless it relates to information related to the 9
representation of a client; and 10
(ii) An employee working under the supervision or direction of an 11
attorney described in (f)(i) of this subsection, unless it relates to 12
information related to the representation of a client.13
(g) Nothing in this subsection shall be interpreted to suspend or 14
supersede otherwise applicable disclosure standards as provided for 15
in the Washington rules of professional conduct regarding 16
confidentiality of information including but not limited to 17
disclosure to prevent reasonably certain death or substantial bodily 18
harm. 19
(h) The report must be made at the first opportunity, but in no 20
case longer than 48 hours after there is reasonable cause to believe 21
that the child has suffered abuse or neglect. The report must include 22
the identity of the accused if known. 23
(2) The reporting requirement of subsection (1) of this section 24
does not apply to the discovery of abuse or neglect that occurred 25
during childhood if it is discovered after the child has become an 26
adult. However, if there is reasonable cause to believe other 27
children are or may be at risk of abuse or neglect by the accused, 28
the reporting requirement of subsection (1) of this section does 29
apply. 30
(3) Any other person who has reasonable cause to believe that a 31
child has suffered abuse or neglect may report such incident to the 32
proper law enforcement agency or to the department as provided in RCW 33
26.44.040. 34
(4) The department, upon receiving a report of an incident of 35
alleged abuse or neglect pursuant to this chapter, involving a child 36
who has died or has had physical injury or injuries inflicted upon 37
him or her other than by accidental means or who has been subjected 38
to alleged sexual abuse, shall report such incident to the proper law 39
enforcement agency, including military law enforcement, if 40
p. 10 HB 2180
appropriate. In emergency cases, where the child's welfare is 1
endangered, the department shall notify the proper law enforcement 2
agency within 24 hours after a report is received by the department. 3
In all other cases, the department shall notify the law enforcement 4
agency within 72 hours after a report is received by the department. 5
If the department makes an oral report, a written report must also be 6
made to the proper law enforcement agency within five days 7
thereafter. 8
(5) Any law enforcement agency receiving a report of an incident 9
of alleged abuse or neglect pursuant to this chapter, involving a 10
child who has died or has had physical injury or injuries inflicted 11
upon him or her other than by accidental means, or who has been 12
subjected to alleged sexual abuse, shall report such incident in 13
writing as provided in RCW 26.44.040 to the proper county prosecutor 14
or city attorney for appropriate action whenever the law enforcement 15
agency's investigation reveals that a crime may have been committed. 16
The law enforcement agency shall also notify the department of all 17
reports received and the law enforcement agency's disposition of 18
them. In emergency cases, where the child's welfare is endangered, 19
the law enforcement agency shall notify the department within 24 20
hours. In all other cases, the law enforcement agency shall notify 21
the department within 72 hours after a report is received by the law 22
enforcement agency. 23
(6) Any county prosecutor or city attorney receiving a report 24
under subsection (5) of this section shall notify the victim, any 25
persons the victim requests, and the local office of the department, 26
of the decision to charge or decline to charge a crime, within five 27
days of making the decision. 28
(7) The department may conduct ongoing case planning and 29
consultation with those persons or agencies required to report under 30
this section, with consultants designated by the department, and with 31
designated representatives of Washington Indian tribes if the client 32
information exchanged is pertinent to cases currently receiving child 33
protective services. Upon request, the department shall conduct such 34
planning and consultation with those persons required to report under 35
this section if the department determines it is in the best interests 36
of the child. Information considered privileged by statute and not 37
directly related to reports required by this section must not be 38
divulged without a valid written waiver of the privilege.39
p. 11 HB 2180
(8) Any case referred to the department by a physician licensed 1
under chapter 18.57 or 18.71 RCW on the basis of an expert medical 2
opinion that child abuse, neglect, or sexual assault has occurred and 3
that the child's safety will be seriously endangered if returned 4
home, the department shall file a dependency petition unless a second 5
licensed physician of the parents' choice believes that such expert 6
medical opinion is incorrect. If the parents fail to designate a 7
second physician, the department may make the selection. If a 8
physician finds that a child has suffered abuse or neglect but that 9
such abuse or neglect does not constitute imminent danger to the 10
child's health or safety, and the department agrees with the 11
physician's assessment, the child may be left in the parents' home 12
while the department proceeds with reasonable efforts to remedy 13
parenting deficiencies. 14
(9) Persons or agencies exchanging information under subsection 15
(7) of this section shall not further disseminate or release the 16
information except as authorized by state or federal statute. 17
Violation of this subsection is a misdemeanor. 18
(10) Upon receiving a report that a child is a candidate for 19
foster care as defined in RCW 26.44.020, the department may provide 20
prevention and family services and programs to the child's parents, 21
guardian, or caregiver. The department may not be held civilly liable 22
for the decision regarding whether to provide prevention and family 23
services and programs, or for the provision of those services and 24
programs, for a child determined to be a candidate for foster care.25
(11) Upon receiving a report of alleged abuse or neglect, the 26
department shall make reasonable efforts to learn the name, address, 27
and telephone number of each person making a report of abuse or 28
neglect under this section. The department shall provide assurances 29
of appropriate confidentiality of the identification of persons 30
reporting under this section. If the department is unable to learn 31
the information required under this subsection, the department shall 32
only investigate cases in which: 33
(a) The department believes there is a serious threat of 34
substantial harm to the child; 35
(b) The report indicates conduct involving a criminal offense 36
that has, or is about to occur, in which the child is the victim; or37
(c) The department has a prior founded report of abuse or neglect 38
with regard to a member of the household that is within three years 39
of receipt of the referral. 40
p. 12 HB 2180
(12)(a) Upon receiving a report of alleged abuse or neglect, the 1
department shall use one of the following discrete responses to 2
reports of child abuse or neglect that are screened in and accepted 3
for departmental response: 4
(i) Investigation; or 5
(ii) Family assessment. 6
(b) In making the response in (a) of this subsection the 7
department shall: 8
(i) Use a method by which to assign cases to investigation or 9
family assessment which are based on an array of factors that may 10
include the presence of: Imminent danger, level of risk, number of 11
previous child abuse or neglect reports, or other presenting case 12
characteristics, such as the type of alleged maltreatment and the age 13
of the alleged victim. Age of the alleged victim shall not be used as 14
the sole criterion for determining case assignment;15
(ii) Allow for a change in response assignment based on new 16
information that alters risk or safety level; 17
(iii) Allow families assigned to family assessment to choose to 18
receive an investigation rather than a family assessment;19
(iv) Provide a full investigation if a family refuses the initial 20
family assessment; 21
(v) Provide voluntary services to families based on the results 22
of the initial family assessment. If a family refuses voluntary 23
services, and the department cannot identify specific facts related 24
to risk or safety that warrant assignment to investigation under this 25
chapter, and there is not a history of reports of child abuse or 26
neglect related to the family, then the department must close the 27
family assessment response case. However, if at any time the 28
department identifies risk or safety factors that warrant an 29
investigation under this chapter, then the family assessment response 30
case must be reassigned to investigation; 31
(vi) Conduct an investigation, and not a family assessment, in 32
response to an allegation that, the department determines based on 33
the intake assessment: 34
(A) Indicates a child's health, safety, and welfare will be 35
seriously endangered if not taken into custody for reasons including, 36
but not limited to, sexual abuse and sexual exploitation of the child 37
as defined in this chapter; 38
(B) Poses a serious threat of substantial harm to a child;39
p. 13 HB 2180
(C) Constitutes conduct involving a criminal offense that has, or 1
is about to occur, in which the child is the victim;2
(D) The child is an abandoned child as defined in RCW 13.34.030;3
(E) The child is an adjudicated dependent child as defined in RCW 4
13.34.030, or the child is in a facility that is licensed, operated, 5
or certified for care of children by the department under chapter 6
74.15 RCW. 7
(c) In addition, the department may use a family assessment 8
response to assess for and provide prevention and family services and 9
programs, as defined in RCW 26.44.020, for the following children and 10
their families, consistent with requirements under the federal family 11
first prevention services act and this section: 12
(i) A child who is a candidate for foster care, as defined in RCW 13
26.44.020; and 14
(ii) A child who is in foster care and who is pregnant, 15
parenting, or both. 16
(d) The department may not be held civilly liable for the 17
decision to respond to an allegation of child abuse or neglect by 18
using the family assessment response under this section unless the 19
state or its officers, agents, or employees acted with reckless 20
disregard. 21
(13)(a) For reports of alleged abuse or neglect that are accepted 22
for investigation by the department, the investigation shall be 23
conducted within time frames established by the department in rule. 24
In no case shall the investigation extend longer than 90 days from 25
the date the report is received, unless the investigation is being 26
conducted under a written protocol pursuant to RCW 26.44.180 and a 27
law enforcement agency or prosecuting attorney has determined that a 28
longer investigation period is necessary. At the completion of the 29
investigation, the department shall make a finding that the report of 30
child abuse or neglect is founded or unfounded. 31
(b) If a court in a civil or criminal proceeding, considering the 32
same facts or circumstances as are contained in the report being 33
investigated by the department, makes a judicial finding by a 34
preponderance of the evidence or higher that the subject of the 35
pending investigation has abused or neglected the child, the 36
department shall adopt the finding in its investigation.37
(14) For reports of alleged abuse or neglect that are responded 38
to through family assessment response, the department shall:39
p. 14 HB 2180
(a) Provide the family with a written explanation of the 1
procedure for assessment of the child and the family and its 2
purposes; 3
(b) Collaborate with the family to identify family strengths, 4
resources, and service needs, and develop a service plan with the 5
goal of reducing risk of harm to the child and improving or restoring 6
family well-being; 7
(c) Complete the family assessment response within 45 days of 8
receiving the report except as follows: 9
(i) Upon parental agreement, the family assessment response 10
period may be extended up to 120 days. The department's extension of 11
the family assessment response period must be operated within the 12
department's appropriations; 13
(ii) For cases in which the department elects to use a family 14
assessment response as authorized under subsection (12)(c) of this 15
section, and upon agreement of the child's parent, legal guardian, 16
legal custodian, or relative placement, the family assessment 17
response period may be extended up to one year. The department's 18
extension of the family assessment response must be operated within 19
the department's appropriations; 20
(d) Offer services to the family in a manner that makes it clear 21
that acceptance of the services is voluntary; 22
(e) Implement the family assessment response in a consistent and 23
cooperative manner; 24
(f) Have the parent or guardian agree to participate in services 25
before services are initiated. The department shall inform the 26
parents of their rights under family assessment response, all of 27
their options, and the options the department has if the parents do 28
not agree to participate in services. 29
(15)(a) In conducting an investigation or family assessment of 30
alleged abuse or neglect, the department or law enforcement agency:31
(i) May interview children. If the department determines that the 32
response to the allegation will be family assessment response, the 33
preferred practice is to request a parent's, guardian's, or 34
custodian's permission to interview the child before conducting the 35
child interview unless doing so would compromise the safety of the 36
child or the integrity of the assessment. The interviews may be 37
conducted on school premises, at day-care facilities, at the child's 38
home, or at other suitable locations outside of the presence of 39
parents. If the allegation is investigated, parental notification of 40
p. 15 HB 2180
the interview must occur at the earliest possible point in the 1
investigation that will not jeopardize the safety or protection of 2
the child or the course of the investigation. Prior to commencing the 3
interview the department or law enforcement agency shall determine 4
whether the child wishes a third party to be present for the 5
interview and, if so, shall make reasonable efforts to accommodate 6
the child's wishes. Unless the child objects, the department or law 7
enforcement agency shall make reasonable efforts to include a third 8
party in any interview so long as the presence of the third party 9
will not jeopardize the course of the investigation; and10
(ii) Shall have access to all relevant records of the child in 11
the possession of mandated reporters and their employees.12
(b) The Washington state school directors' association shall 13
adopt a model policy addressing protocols when an interview, as 14
authorized by this subsection, is conducted on school premises. In 15
formulating its policy, the association shall consult with the 16
department and the Washington association of sheriffs and police 17
chiefs. 18
(16) If a report of alleged abuse or neglect is founded and 19
constitutes the third founded report received by the department 20
within the last 12 months involving the same child or family, the 21
department shall promptly notify the office of the family and 22
children's ombuds of the contents of the report. The department shall 23
also notify the ombuds of the disposition of the report.24
(17) In investigating and responding to allegations of child 25
abuse and neglect, the department may conduct background checks as 26
authorized by state and federal law. 27
(18)(a) The department shall maintain investigation records and 28
conduct timely and periodic reviews of all founded cases of abuse and 29
neglect. The department shall maintain a log of screened-out 30
nonabusive cases. 31
(b) In the family assessment response, the department shall not 32
make a finding as to whether child abuse or neglect occurred. No one 33
shall be named as a perpetrator and no investigative finding shall be 34
entered in the department's child abuse or neglect database.35
(19) The department shall use a risk assessment process when 36
investigating alleged child abuse and neglect referrals. The 37
department shall present the risk factors at all hearings in which 38
the placement of a dependent child is an issue. Substance abuse must 39
be a risk factor. 40
p. 16 HB 2180
(20) Upon receipt of a report of alleged abuse or neglect the law 1
enforcement agency may arrange to interview the person making the 2
report and any collateral sources to determine if any malice is 3
involved in the reporting. 4
(21) Upon receiving a report of alleged abuse or neglect 5
involving a child under the court's jurisdiction under chapter 13.34 6
RCW, the department shall promptly notify the child's guardian ad 7
litem of the report's contents. The department shall also notify the 8
guardian ad litem of the disposition of the report. For purposes of 9
this subsection, "guardian ad litem" has the meaning provided in RCW 10
13.34.030. 11
(22) The department shall make efforts as soon as practicable to 12
determine the military status of parents whose children are subject 13
to abuse or neglect allegations. If the department determines that a 14
parent or guardian is in the military, the department shall notify a 15
department of defense family advocacy program that there is an 16
allegation of abuse and neglect that is screened in and open for 17
investigation that relates to that military parent or guardian.18
(23) The department shall make available on its public website a 19
downloadable and printable poster that includes the reporting 20
requirements included in this section. The poster must be no smaller 21
than 8.5 by 11 inches with all information on one side. The poster 22
must be made available in both the English and Spanish languages. 23
Organizations that include employees or volunteers subject to the 24
reporting requirements of this section must clearly display this 25
poster in a common area. At a minimum, this poster must include the 26
following: 27
(a) Who is required to report child abuse and neglect;28
(b) The standard of knowledge to justify a report;29
(c) The definition of reportable crimes; 30
(d) Where to report suspected child abuse and neglect; and31
(e) What should be included in a report and the appropriate 32
timing. 33
Sec. 4. RCW 43.43.830 and 2025 c 60 s 1 are each amended to read 34
as follows: 35
Unless the context clearly requires otherwise, the definitions in 36
this section apply throughout this section and RCW 43.43.832 through 37
43.43.845. 38
p. 17 HB 2180
(1) "Agency" means any person, firm, partnership, association, 1
corporation, or facility which receives, provides services to, houses 2
or otherwise cares for vulnerable adults, juveniles, or children, or 3
which provides child day care, early learning, or early childhood 4
education services. 5
(2) "Applicant" means: 6
(a) Any prospective employee, volunteer, or contractor who will 7
or may have supervised or unsupervised access to children, the 8
elderly, or individuals with disabilities during the course of his or 9
her employment or involvement with the business or organization;10
(b) Any prospective volunteer who will have regularly scheduled 11
unsupervised access to children under sixteen years of age, 12
developmentally disabled persons, or vulnerable adults during the 13
course of his or her employment or involvement with the business or 14
organization under circumstances where such access will or may 15
involve groups of (i) five or fewer children under twelve years of 16
age, (ii) three or fewer children between twelve and sixteen years of 17
age, (iii) developmentally disabled persons, or (iv) vulnerable 18
adults; 19
(c) Any prospective adoptive parent, as defined in RCW 26.33.020; 20
or 21
(d) Any prospective custodian in a nonparental custody proceeding 22
under chapter 26.10 RCW. 23
(3) "Business or organization" means a person, business, or 24
organization licensed in this state, any agency of the state, or 25
other governmental entity, that educates, trains, treats, supervises, 26
houses, or provides recreation to developmentally disabled persons, 27
vulnerable adults, or children under sixteen years of age, or that 28
provides child day care, early learning, or early learning childhood 29
education services, including but not limited to public housing 30
authorities, school districts, and educational service districts.31
(4) "Care" means the provision of care, treatment, education, 32
training, instruction, supervision, or recreation to children, the 33
elderly, or individuals with disabilities. 34
(5) "Civil adjudication proceeding" is a judicial or 35
administrative adjudicative proceeding that results in a finding of, 36
or upholds an agency finding of, domestic violence, abuse, sexual 37
abuse, neglect, abandonment, violation of a professional licensing 38
standard regarding a child or vulnerable adult, or exploitation or 39
financial exploitation of a child or vulnerable adult under any 40
p. 18 HB 2180
provision of law, including but not limited to chapter 13.34, 26.44, 1
or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. 2
"Civil adjudication proceeding" also includes judicial or 3
administrative findings that become final due to the failure of the 4
alleged perpetrator to timely exercise a legal right to 5
administratively challenge such findings. 6
(6) "Client" or "resident" means a child, person with 7
developmental disabilities, or vulnerable adult applying for housing 8
assistance from a business or organization. 9
(7) "Conviction record" means "conviction record" information as 10
defined in RCW 10.97.030 and 10.97.050 relating to a crime committed 11
by either an adult or a juvenile. It does not include a conviction 12
for an offense that has been the subject of an expungement, pardon, 13
annulment, certificate of rehabilitation, or other equivalent 14
procedure based on a finding of the rehabilitation of the person 15
convicted, or a conviction that has been the subject of a pardon, 16
annulment, or other equivalent procedure based on a finding of 17
innocence. It does include convictions for offenses for which the 18
defendant received a deferred or suspended sentence, unless the 19
record has been expunged according to law. 20
(8) "Covered individual" means an individual: 21
(a) Who has, seeks to have, or may have access to children, the 22
elderly, or individuals with disabilities, served by a qualified 23
entity; and 24
(b) Who: 25
(i) Is employed by, volunteers with, or contracts with, or seeks 26
to be employed by or volunteer or contract with a qualified entity; 27
or 28
(ii) Owns or operates or seeks to own or operate, a qualified 29
entity. 30
(9) "Crime against children or other persons" means a conviction 31
of any of the following offenses: Aggravated murder; first or second 32
degree murder; first or second degree kidnapping; first, second, or 33
third degree assault; fourth degree assault (if a violation of RCW 34
9A.36.041(3)); first, second, or third degree assault of a child; 35
first, second, or third degree rape; first, second, or third degree 36
rape of a child; first or second degree robbery; first degree arson; 37
first degree burglary; first or second degree manslaughter; first or 38
second degree extortion; indecent liberties; incest; vehicular 39
homicide; first degree promoting prostitution; communication with a 40
p. 19 HB 2180
minor; unlawful imprisonment; simple assault; sexual exploitation of 1
minors; first or second degree criminal mistreatment; endangerment 2
with a controlled substance; child abuse or neglect as defined in RCW 3
26.44.020; first or second degree custodial interference; first or 4
second degree custodial sexual misconduct; hate crime; first, second, 5
or third degree child molestation; first or second degree sexual 6
misconduct with a minor; commercial sexual abuse of a minor; child 7
abandonment; promoting pornography; selling or distributing erotic 8
material to a minor; custodial assault; violation of child abuse 9
restraining order; child buying or selling; prostitution; felony 10
indecent exposure; criminal abandonment; or any of these crimes as 11
they may be renamed in the future. 12
(10) "Crimes relating to drugs" means a conviction of a crime to 13
manufacture, delivery, or possession with intent to manufacture or 14
deliver a controlled substance. 15
(11) "Crimes relating to financial exploitation" means a 16
conviction for first, second, or third degree extortion; first, 17
second, or third degree theft; first or second degree robbery; 18
forgery; or any of these crimes as they may be renamed in the future.19
(12) "Elderly" means a person 60 years of age or older.20
(13) "Financial exploitation" means "financial exploitation" as 21
defined in RCW 74.34.020. 22
(14) "Health care facility" means a nursing home licensed under 23
chapter 18.51 RCW, an assisted living facility licensed under chapter 24
18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.25
(15) "Individuals with disabilities" means persons with the 26
functional, mental, or physical inability to care for themselves, 27
individuals with developmental disabilities, or individuals subject 28
to a conservatorship or guardianship. 29
(16) "Peer counselor" means a nonprofessional person who has 30
equal standing with another person, providing advice on a topic about 31
which the nonprofessional person is more experienced or 32
knowledgeable, and who is a counselor for a peer counseling program 33
that contracts with or is otherwise approved by the department, 34
another state or local agency, or the court. 35
(17) "Qualified entity" means a business or organization, whether 36
public, private, for profit, not for profit, or voluntary, that 37
provides care or care placement services, including a business or 38
organization that licenses or certifies others to provide care or 39
care placement services. 40
p. 20 HB 2180
(18) "Unsupervised" means not in the presence of:1
(a) Another employee or volunteer from the same business or 2
organization as the applicant; or 3
(b) Any relative or guardian of any of the children, the elderly, 4
or individuals with disabilities to which the applicant has access 5
during the course of his or her employment or involvement with the 6
qualified entity, business, or organization. 7
With regard to peer counselors, "unsupervised" does not include 8
incidental contact with children under age sixteen at the location at 9
which the peer counseling is taking place. "Incidental contact" means 10
minor or casual contact with a child in an area accessible to and 11
within visual or auditory range of others. It could include passing a 12
child while walking down a hallway but would not include being alone 13
with a child for any period of time in a closed room or office.14
(19) "Vulnerable adult" means "vulnerable adult" as defined in 15
chapter 74.34 RCW, except that for the purposes of requesting and 16
receiving background checks pursuant to RCW 43.43.832, it shall also 17
include adults of any age who lack the functional, mental, or 18
physical ability to care for themselves. 19
(20) "Coach" means a person employed or volunteering as a coach, 20
manager, or supervisor of a youth athletic activity, but does not 21
include occasional assistance with or support of the youth athletic 22
activity by a person, including the actions of other volunteers or 23
employees of the youth sports organization in a passing, general, or 24
nominal manner.25
(21)(a) "Youth sports organization" includes:26
(i) A private for-profit or nonprofit organization that as part 27
of its core function provides persons who are less than 18 years old 28
the opportunity to participate in scheduled competitive or 29
recreational sporting activities whether individually or as a team, 30
but does not include a sporting activity that is incidental to a 31
nonathletic program or lesson;32
(ii) Interschool athletic activities governed by the Washington 33
interscholastic activities association, operated by any public school 34
as defined in RCW 28A.150.010, or operated by any private secondary 35
school including those approved under chapter 28A.195 RCW; and36
(iii) A city or county when providing persons who are less than 37
18 years old the opportunity to participate in scheduled competitive 38
or recreational sporting activities whether individually or as a 39
p. 21 HB 2180
team, but does not include a sporting activity that is incidental to 1
a nonathletic program or lesson. 2
(b) "Youth sports organization" does not include:3
(i) A licensed child care center or family home provider as 4
defined in RCW 43.216.010;5
(ii) An institution of higher education, as defined in RCW 6
28B.10.016, or a private institution of higher education; or7
(iii) An organization that provides the opportunity to 8
participate in an unsupervised and unscheduled competitive or 9
recreational sporting event.10
Sec. 5. RCW 43.43.834 and 2005 c 421 s 3 are each amended to 11
read as follows: 12
(1) A business or organization shall not make an inquiry to the 13
Washington state patrol under RCW 43.43.832 or an equivalent inquiry 14
to a federal law enforcement agency unless the business or 15
organization has notified the applicant who may be offered a position 16
as an employee or volunteer, that an inquiry may be made.17
(2) A business or organization shall require each applicant to 18
disclose to the business or organization whether the applicant:19
(a) Has been convicted of a crime; 20
(b) Has had findings made against him or her in any civil 21
((adjudicative)) adjudication proceeding as defined in RCW 43.43.830; 22
or 23
(c) Has both a conviction under (a) of this subsection and 24
findings made against him or her under (b) of this subsection.25
(3)(a) A youth sports organization shall make an inquiry to the 26
Washington state patrol under RCW 43.43.832 or an equivalent inquiry 27
to federal law enforcement before employing any coach with any 28
associated costs related to this inquiry paid by the prospective 29
coach.30
(b) A youth sports organization may not hire a coach if the 31
inquiry required under this subsection (3) shows that the person has 32
been convicted of a crime against children or other persons.33
(4) The business or organization shall pay such reasonable fee 34
for the records check as the state patrol may require under RCW 35
43.43.838. 36
(((4))) (5) The business or organization shall notify the 37
applicant of the state patrol's response within ten days after 38
receipt by the business or organization. The employer shall provide a 39
p. 22 HB 2180
copy of the response to the applicant and shall notify the applicant 1
of such availability. 2
(((5))) (6) The business or organization shall use this record 3
only in making the initial employment or engagement decision. Further 4
dissemination or use of the record is prohibited, except as provided 5
in RCW 28A.320.155. A business or organization violating this 6
subsection is subject to a civil action for damages.7
(((6))) (7) An insurance company shall not require a business or 8
organization to request background information on any employee before 9
issuing a policy of insurance. 10
(((7))) (8) The business and organization shall be immune from 11
civil liability for failure to request background information on an 12
applicant unless the failure to do so constitutes gross negligence.13
--- END ---
p. 23 HB 2180