Clergy, duty to report abuse

AN ACT Relating to the duty of clergy to report child abuse and 1
neglect; and amending RCW 26.44.020 and 26.44.030. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 26.44.020 and 2024 c 298 s 5 are each amended to 4
read as follows: 5
The definitions in this section apply throughout this chapter 6
unless the context clearly requires otherwise. 7
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, 8
female genital mutilation as defined in RCW 18.130.460, trafficking 9
as described in RCW 9A.40.100, sex trafficking or severe forms of 10
trafficking in persons under the trafficking victims protection act 11
of 2000, 22 U.S.C. Sec. 7101 et seq., or injury of a child by any 12
person under circumstances which cause harm to the child's health, 13
welfare, or safety, excluding conduct permitted under RCW 9A.16.100; 14
or the negligent treatment or maltreatment of a child by a person 15
responsible for or providing care to the child. An abused child is a 16
child who has been subjected to child abuse or neglect as defined in 17
this section. 18
(2) "Child" or "children" means any person under the age of 19
((eighteen)) 18 years of age. 20
S-0471.1
SENATE BILL 5375
State of Washington 69th Legislature 2025 Regular Session
By Senators Frame, C. Wilson, Bateman, Dhingra, Nobles, and Valdez
Read first time 01/20/25. Referred to Committee on Human Services.
p. 1 SB 5375
(3) "Child forensic interview" means a developmentally sensitive 1
and legally sound method of gathering factual information regarding 2
allegations of child abuse, child neglect, or exposure to violence. 3
This interview is conducted by a competently trained, neutral 4
professional utilizing techniques informed by research and best 5
practice as part of a larger investigative process.6
(4) "Child protective services" means those services provided by 7
the department designed to protect children from child abuse and 8
neglect and safeguard such children from future abuse and neglect, 9
and conduct investigations of child abuse and neglect reports. 10
Investigations may be conducted regardless of the location of the 11
alleged abuse or neglect. Child protective services includes referral 12
to services to ameliorate conditions that endanger the welfare of 13
children, the coordination of necessary programs and services 14
relevant to the prevention, intervention, and treatment of child 15
abuse and neglect, and services to children to ensure that each child 16
has a permanent home. In determining whether protective services 17
should be provided, the department shall not decline to provide such 18
services solely because of the child's unwillingness or developmental 19
inability to describe the nature and severity of the abuse or 20
neglect. 21
(5) "Child protective services section" means the child 22
protective services section of the department. 23
(6) "Child who is a candidate for foster care" means a child who 24
the department identifies as being at imminent risk of entering 25
foster care but who can remain safely in the child's home or in a 26
kinship placement as long as services or programs that are necessary 27
to prevent entry of the child into foster care are provided, and 28
includes but is not limited to a child whose adoption or guardianship 29
arrangement is at risk of a disruption or dissolution that would 30
result in a foster care placement. The term includes a child for whom 31
there is reasonable cause to believe that any of the following 32
circumstances exist: 33
(a) The child has been abandoned by the parent as defined in RCW 34
13.34.030 and the child's health, safety, and welfare is seriously 35
endangered as a result; 36
(b) The child has been abused or neglected as defined in this 37
chapter and the child's health, safety, and welfare is seriously 38
endangered as a result; 39
p. 2 SB 5375
(c) There is no parent capable of meeting the child's needs such 1
that the child is in circumstances that constitute a serious danger 2
to the child's development; 3
(d) The child is otherwise at imminent risk of harm.4
(7) "Children's advocacy center" means a child-focused facility 5
in good standing with the state chapter for children's advocacy 6
centers and that coordinates a multidisciplinary process for the 7
investigation, prosecution, and treatment of sexual and other types 8
of child abuse. Children's advocacy centers provide a location for 9
forensic interviews and coordinate access to services such as, but 10
not limited to, medical evaluations, advocacy, therapy, and case 11
review by multidisciplinary teams within the context of county 12
protocols as defined in RCW 26.44.180 and 26.44.185.13
(8) (("Clergy" means any regularly licensed or ordained minister, 14
priest, or rabbi of any church or religious denomination, whether 15
acting in an individual capacity or as an employee or agent of any 16
public or private organization or institution.17
(9))) "Court" means the superior court of the state of 18
Washington, juvenile department. 19
(((10))) (9) "Department" means the department of children, 20
youth, and families. 21
(((11))) (10) "Experiencing homelessness" means lacking a fixed, 22
regular, and adequate nighttime residence, including circumstances 23
such as sharing the housing of other persons due to loss of housing, 24
economic hardship, fleeing domestic violence, or a similar reason as 25
described in the federal McKinney-Vento homeless assistance act 26
(Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 27
1, 2021. 28
(((12))) (11) "Family assessment" means a comprehensive 29
assessment of child safety, risk of subsequent child abuse or 30
neglect, and family strengths and needs that is applied to a child 31
abuse or neglect report. Family assessment does not include a 32
determination as to whether child abuse or neglect occurred, but does 33
determine the need for services to address the safety of the child 34
and the risk of subsequent maltreatment. 35
(((13))) (12) "Family assessment response" means a way of 36
responding to certain reports of child abuse or neglect made under 37
this chapter using a differential response approach to child 38
protective services. The family assessment response shall focus on 39
the safety of the child, the integrity and preservation of the 40
p. 3 SB 5375
family, and shall assess the status of the child and the family in 1
terms of risk of abuse and neglect including the parent's or 2
guardian's or other caretaker's capacity and willingness to protect 3
the child and, if necessary, plan and arrange the provision of 4
services to reduce the risk and otherwise support the family. No one 5
is named as a perpetrator, and no investigative finding is entered in 6
the record as a result of a family assessment. 7
(((14))) (13) "Founded" means the determination following an 8
investigation by the department that, based on available information, 9
it is more likely than not that child abuse or neglect did occur.10
(((15))) (14) "Inconclusive" means the determination following an 11
investigation by the department of social and health services, prior 12
to October 1, 2008, that based on available information a decision 13
cannot be made that more likely than not, child abuse or neglect did 14
or did not occur. 15
(((16))) (15) "Institution" means a private or public hospital or 16
any other facility providing medical diagnosis, treatment, or care.17
(((17))) (16) "Law enforcement agency" means the police 18
department, the prosecuting attorney, the state patrol, the director 19
of public safety, or the office of the sheriff. 20
(((18))) (17) "Malice" or "maliciously" means an intent, wish, or 21
design to intimidate, annoy, or injure another person. Such malice 22
may be inferred from an act done in willful disregard of the rights 23
of another, or an act wrongfully done without just cause or excuse, 24
or an act or omission of duty betraying a willful disregard of social 25
duty. 26
(18) "Member of the clergy" means any regularly licensed, 27
accredited, or ordained minister, priest, rabbi, imam, elder, or 28
similarly situated religious or spiritual leader of any church, 29
religious denomination, religious body, spiritual community, or sect, 30
or person performing official duties that are recognized as the 31
duties of a member of the clergy under the discipline, tenets, 32
doctrine, or custom of the person's church, religious denomination, 33
religious body, spiritual community, or sect, whether acting in an 34
individual capacity or as an employee, agent, or official of any 35
public or private organization or institution.36
(19) "Negligent treatment or maltreatment" means an act or a 37
failure to act, or the cumulative effects of a pattern of conduct, 38
behavior, or inaction, that evidences a serious disregard of 39
consequences of such magnitude as to constitute a clear and present 40
p. 4 SB 5375
danger to a child's health, welfare, or safety, including but not 1
limited to conduct prohibited under RCW 9A.42.100. When considering 2
whether a clear and present danger exists, evidence of a parent's 3
substance abuse as a contributing factor to negligent treatment or 4
maltreatment shall be given great weight. The fact that siblings 5
share a bedroom is not, in and of itself, negligent treatment or 6
maltreatment. Poverty, experiencing homelessness, or exposure to 7
domestic violence as defined in RCW 7.105.010 that is perpetrated 8
against someone other than the child does not constitute negligent 9
treatment or maltreatment in and of itself. 10
(20) "Pharmacist" means any registered pharmacist under chapter 11
18.64 RCW, whether acting in an individual capacity or as an employee 12
or agent of any public or private organization or institution.13
(21) "Practitioner of the healing arts" or "practitioner" means a 14
person licensed by this state to practice podiatric medicine and 15
surgery, optometry, chiropractic, nursing, dentistry, osteopathic 16
medicine and surgery, or medicine and surgery or to provide other 17
health services. The term "practitioner" includes a duly accredited 18
Christian Science practitioner. A person who is being furnished 19
Christian Science treatment by a duly accredited Christian Science 20
practitioner will not be considered, for that reason alone, a 21
neglected person for the purposes of this chapter.22
(22) "Prevention and family services and programs" means specific 23
mental health prevention and treatment services, substance abuse 24
prevention and treatment services, and in-home parent skill-based 25
programs that qualify for federal funding under the federal family 26
first prevention services act, P.L. 115-123. For purposes of this 27
chapter, prevention and family services and programs are not remedial 28
services or family reunification services as described in RCW 29
13.34.025(2). 30
(23) "Professional school personnel" include, but are not limited 31
to, teachers, counselors, administrators, child care facility 32
personnel, and school nurses. 33
(24) "Psychologist" means any person licensed to practice 34
psychology under chapter 18.83 RCW, whether acting in an individual 35
capacity or as an employee or agent of any public or private 36
organization or institution. 37
(25) "Screened-out report" means a report of alleged child abuse 38
or neglect that the department has determined does not rise to the 39
p. 5 SB 5375
level of a credible report of abuse or neglect and is not referred 1
for investigation. 2
(26) "Sexual exploitation" includes: (a) Allowing, permitting, or 3
encouraging a child to engage in prostitution by any person; or (b) 4
allowing, permitting, encouraging, or engaging in the obscene or 5
pornographic photographing, filming, or depicting of a child by any 6
person. 7
(27) "Sexually aggressive youth" means a child who is defined in 8
RCW 74.13.075(1)(b) as being a sexually aggressive youth.9
(28) "Social service counselor" means anyone engaged in a 10
professional capacity during the regular course of employment in 11
encouraging or promoting the health, welfare, support, or education 12
of children, or providing social services to adults or families, 13
including mental health, drug and alcohol treatment, and domestic 14
violence programs, whether in an individual capacity, or as an 15
employee or agent of any public or private organization or 16
institution. 17
(29) "Unfounded" means the determination following an 18
investigation by the department that available information indicates 19
that, more likely than not, child abuse or neglect did not occur, or 20
that there is insufficient evidence for the department to determine 21
whether the alleged child abuse did or did not occur.22
Sec. 2. RCW 26.44.030 and 2024 c 298 s 6 are each amended to 23
read as follows: 24
(1)(a) When any member of the clergy, practitioner, county 25
coroner or medical examiner, law enforcement officer, professional 26
school personnel, registered or licensed nurse, social service 27
counselor, psychologist, pharmacist, employee of the department of 28
children, youth, and families, licensed or certified child care 29
providers or their employees, employee of the department of social 30
and health services, juvenile probation officer, diversion unit 31
staff, placement and liaison specialist, responsible living skills 32
program staff, HOPE center staff, state family and children's ombuds 33
or any volunteer in the ombuds' office, or host home program has 34
reasonable cause to believe that a child has suffered abuse or 35
neglect, he or she shall report such incident, or cause a report to 36
be made, to the proper law enforcement agency or to the department as 37
provided in RCW 26.44.040. 38
p. 6 SB 5375
(b) When any person, in his or her official supervisory capacity 1
with a nonprofit or for-profit organization, has reasonable cause to 2
believe that a child has suffered abuse or neglect caused by a person 3
over whom he or she regularly exercises supervisory authority, he or 4
she shall report such incident, or cause a report to be made, to the 5
proper law enforcement agency, provided that the person alleged to 6
have caused the abuse or neglect is employed by, contracted by, or 7
volunteers with the organization and coaches, trains, educates, or 8
counsels a child or children or regularly has unsupervised access to 9
a child or children as part of the employment, contract, or voluntary 10
service. ((No)) Except for members of the clergy, no one shall be 11
required to report under this section when he or she obtains the 12
information solely as a result of a privileged communication as 13
provided in RCW 5.60.060. 14
Nothing in this subsection (1)(b) shall limit a person's duty to 15
report under (a) of this subsection. 16
For the purposes of this subsection, the following definitions 17
apply: 18
(i) "Official supervisory capacity" means a position, status, or 19
role created, recognized, or designated by any nonprofit or for-20
profit organization, either for financial gain or without financial 21
gain, whose scope includes, but is not limited to, overseeing, 22
directing, or managing another person who is employed by, contracted 23
by, or volunteers with the nonprofit or for-profit organization.24
(ii) "Organization" includes a sole proprietor, partnership, 25
corporation, limited liability company, trust, association, financial 26
institution, governmental entity, other than the federal government, 27
and any other individual or group engaged in a trade, occupation, 28
enterprise, governmental function, charitable function, or similar 29
activity in this state whether or not the entity is operated as a 30
nonprofit or for-profit entity. 31
(iii) "Reasonable cause" means a person witnesses or receives a 32
credible written or oral report alleging abuse, including sexual 33
contact, or neglect of a child. 34
(iv) "Regularly exercises supervisory authority" means to act in 35
his or her official supervisory capacity on an ongoing or continuing 36
basis with regards to a particular person. 37
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.38
(c) The reporting requirement also applies to department of 39
corrections personnel who, in the course of their employment, observe 40
p. 7 SB 5375
offenders or the children with whom the offenders are in contact. If, 1
as a result of observations or information received in the course of 2
his or her employment, any department of corrections personnel has 3
reasonable cause to believe that a child has suffered abuse or 4
neglect, he or she shall report the incident, or cause a report to be 5
made, to the proper law enforcement agency or to the department as 6
provided in RCW 26.44.040. 7
(d) The reporting requirement shall also apply to any adult who 8
has reasonable cause to believe that a child who resides with them, 9
has suffered severe abuse, and is able or capable of making a report. 10
For the purposes of this subsection, "severe abuse" means any of the 11
following: Any single act of abuse that causes physical trauma of 12
sufficient severity that, if left untreated, could cause death; any 13
single act of sexual abuse that causes significant bleeding, deep 14
bruising, or significant external or internal swelling; or more than 15
one act of physical abuse, each of which causes bleeding, deep 16
bruising, significant external or internal swelling, bone fracture, 17
or unconsciousness. 18
(e) The reporting requirement also applies to guardians ad litem, 19
including court-appointed special advocates, appointed under Titles 20
11 and 13 RCW and this title, who in the course of their 21
representation of children in these actions have reasonable cause to 22
believe a child has been abused or neglected. 23
(f) The reporting requirement in (a) of this subsection also 24
applies to administrative and academic or athletic department 25
employees, including student employees, of institutions of higher 26
education, as defined in RCW 28B.10.016, and of private institutions 27
of higher education. 28
(g) The report must be made at the first opportunity, but in no 29
case longer than ((forty-eight)) 48 hours after there is reasonable 30
cause to believe that the child has suffered abuse or neglect. The 31
report must include the identity of the accused if known.32
(2) The reporting requirement of subsection (1) of this section 33
does not apply to the discovery of abuse or neglect that occurred 34
during childhood if it is discovered after the child has become an 35
adult. However, if there is reasonable cause to believe other 36
children are or may be at risk of abuse or neglect by the accused, 37
the reporting requirement of subsection (1) of this section does 38
apply. 39
p. 8 SB 5375
(3) Any other person who has reasonable cause to believe that a 1
child has suffered abuse or neglect may report such incident to the 2
proper law enforcement agency or to the department as provided in RCW 3
26.44.040. 4
(4) The department, upon receiving a report of an incident of 5
alleged abuse or neglect pursuant to this chapter, involving a child 6
who has died or has had physical injury or injuries inflicted upon 7
him or her other than by accidental means or who has been subjected 8
to alleged sexual abuse, shall report such incident to the proper law 9
enforcement agency, including military law enforcement, if 10
appropriate. In emergency cases, where the child's welfare is 11
endangered, the department shall notify the proper law enforcement 12
agency within ((twenty-four)) 24 hours after a report is received by 13
the department. In all other cases, the department shall notify the 14
law enforcement agency within ((seventy-two)) 72 hours after a report 15
is received by the department. If the department makes an oral 16
report, a written report must also be made to the proper law 17
enforcement agency within five days thereafter. 18
(5) Any law enforcement agency receiving a report of an incident 19
of alleged abuse or neglect pursuant to this chapter, involving a 20
child who has died or has had physical injury or injuries inflicted 21
upon him or her other than by accidental means, or who has been 22
subjected to alleged sexual abuse, shall report such incident in 23
writing as provided in RCW 26.44.040 to the proper county prosecutor 24
or city attorney for appropriate action whenever the law enforcement 25
agency's investigation reveals that a crime may have been committed. 26
The law enforcement agency shall also notify the department of all 27
reports received and the law enforcement agency's disposition of 28
them. In emergency cases, where the child's welfare is endangered, 29
the law enforcement agency shall notify the department within 30
((twenty-four)) 24 hours. In all other cases, the law enforcement 31
agency shall notify the department within ((seventy-two)) 72 hours 32
after a report is received by the law enforcement agency.33
(6) Any county prosecutor or city attorney receiving a report 34
under subsection (5) of this section shall notify the victim, any 35
persons the victim requests, and the local office of the department, 36
of the decision to charge or decline to charge a crime, within five 37
days of making the decision. 38
(7) The department may conduct ongoing case planning and 39
consultation with those persons or agencies required to report under 40
p. 9 SB 5375
this section, with consultants designated by the department, and with 1
designated representatives of Washington Indian tribes if the client 2
information exchanged is pertinent to cases currently receiving child 3
protective services. Upon request, the department shall conduct such 4
planning and consultation with those persons required to report under 5
this section if the department determines it is in the best interests 6
of the child. Information considered privileged by statute and not 7
directly related to reports required by this section must not be 8
divulged without a valid written waiver of the privilege.9
(8) Any case referred to the department by a physician licensed 10
under chapter 18.57 or 18.71 RCW on the basis of an expert medical 11
opinion that child abuse, neglect, or sexual assault has occurred and 12
that the child's safety will be seriously endangered if returned 13
home, the department shall file a dependency petition unless a second 14
licensed physician of the parents' choice believes that such expert 15
medical opinion is incorrect. If the parents fail to designate a 16
second physician, the department may make the selection. If a 17
physician finds that a child has suffered abuse or neglect but that 18
such abuse or neglect does not constitute imminent danger to the 19
child's health or safety, and the department agrees with the 20
physician's assessment, the child may be left in the parents' home 21
while the department proceeds with reasonable efforts to remedy 22
parenting deficiencies. 23
(9) Persons or agencies exchanging information under subsection 24
(7) of this section shall not further disseminate or release the 25
information except as authorized by state or federal statute. 26
Violation of this subsection is a misdemeanor. 27
(10) Upon receiving a report that a child is a candidate for 28
foster care as defined in RCW 26.44.020, the department may provide 29
prevention and family services and programs to the child's parents, 30
guardian, or caregiver. The department may not be held civilly liable 31
for the decision regarding whether to provide prevention and family 32
services and programs, or for the provision of those services and 33
programs, for a child determined to be a candidate for foster care.34
(11) Upon receiving a report of alleged abuse or neglect, the 35
department shall make reasonable efforts to learn the name, address, 36
and telephone number of each person making a report of abuse or 37
neglect under this section. The department shall provide assurances 38
of appropriate confidentiality of the identification of persons 39
reporting under this section. If the department is unable to learn 40
p. 10 SB 5375
the information required under this subsection, the department shall 1
only investigate cases in which: 2
(a) The department believes there is a serious threat of 3
substantial harm to the child; 4
(b) The report indicates conduct involving a criminal offense 5
that has, or is about to occur, in which the child is the victim; or6
(c) The department has a prior founded report of abuse or neglect 7
with regard to a member of the household that is within three years 8
of receipt of the referral. 9
(12)(a) Upon receiving a report of alleged abuse or neglect, the 10
department shall use one of the following discrete responses to 11
reports of child abuse or neglect that are screened in and accepted 12
for departmental response: 13
(i) Investigation; or 14
(ii) Family assessment. 15
(b) In making the response in (a) of this subsection the 16
department shall: 17
(i) Use a method by which to assign cases to investigation or 18
family assessment which are based on an array of factors that may 19
include the presence of: Imminent danger, level of risk, number of 20
previous child abuse or neglect reports, or other presenting case 21
characteristics, such as the type of alleged maltreatment and the age 22
of the alleged victim. Age of the alleged victim shall not be used as 23
the sole criterion for determining case assignment;24
(ii) Allow for a change in response assignment based on new 25
information that alters risk or safety level; 26
(iii) Allow families assigned to family assessment to choose to 27
receive an investigation rather than a family assessment;28
(iv) Provide a full investigation if a family refuses the initial 29
family assessment; 30
(v) Provide voluntary services to families based on the results 31
of the initial family assessment. If a family refuses voluntary 32
services, and the department cannot identify specific facts related 33
to risk or safety that warrant assignment to investigation under this 34
chapter, and there is not a history of reports of child abuse or 35
neglect related to the family, then the department must close the 36
family assessment response case. However, if at any time the 37
department identifies risk or safety factors that warrant an 38
investigation under this chapter, then the family assessment response 39
case must be reassigned to investigation; 40
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(vi) Conduct an investigation, and not a family assessment, in 1
response to an allegation that, the department determines based on 2
the intake assessment: 3
(A) Indicates a child's health, safety, and welfare will be 4
seriously endangered if not taken into custody for reasons including, 5
but not limited to, sexual abuse and sexual exploitation of the child 6
as defined in this chapter; 7
(B) Poses a serious threat of substantial harm to a child;8
(C) Constitutes conduct involving a criminal offense that has, or 9
is about to occur, in which the child is the victim;10
(D) The child is an abandoned child as defined in RCW 13.34.030;11
(E) The child is an adjudicated dependent child as defined in RCW 12
13.34.030, or the child is in a facility that is licensed, operated, 13
or certified for care of children by the department under chapter 14
74.15 RCW. 15
(c) In addition, the department may use a family assessment 16
response to assess for and provide prevention and family services and 17
programs, as defined in RCW 26.44.020, for the following children and 18
their families, consistent with requirements under the federal family 19
first prevention services act and this section: 20
(i) A child who is a candidate for foster care, as defined in RCW 21
26.44.020; and 22
(ii) A child who is in foster care and who is pregnant, 23
parenting, or both. 24
(d) The department may not be held civilly liable for the 25
decision to respond to an allegation of child abuse or neglect by 26
using the family assessment response under this section unless the 27
state or its officers, agents, or employees acted with reckless 28
disregard. 29
(13)(a) For reports of alleged abuse or neglect that are accepted 30
for investigation by the department, the investigation shall be 31
conducted within time frames established by the department in rule. 32
In no case shall the investigation extend longer than ((ninety)) 90 33
days from the date the report is received, unless the investigation 34
is being conducted under a written protocol pursuant to RCW 26.44.180 35
and a law enforcement agency or prosecuting attorney has determined 36
that a longer investigation period is necessary. At the completion of 37
the investigation, the department shall make a finding that the 38
report of child abuse or neglect is founded or unfounded.39
p. 12 SB 5375
(b) If a court in a civil or criminal proceeding, considering the 1
same facts or circumstances as are contained in the report being 2
investigated by the department, makes a judicial finding by a 3
preponderance of the evidence or higher that the subject of the 4
pending investigation has abused or neglected the child, the 5
department shall adopt the finding in its investigation.6
(14) For reports of alleged abuse or neglect that are responded 7
to through family assessment response, the department shall:8
(a) Provide the family with a written explanation of the 9
procedure for assessment of the child and the family and its 10
purposes; 11
(b) Collaborate with the family to identify family strengths, 12
resources, and service needs, and develop a service plan with the 13
goal of reducing risk of harm to the child and improving or restoring 14
family well-being; 15
(c) Complete the family assessment response within ((forty-five)) 16
45 days of receiving the report except as follows:17
(i) Upon parental agreement, the family assessment response 18
period may be extended up to ((one hundred twenty )) 120 days. The 19
department's extension of the family assessment response period must 20
be operated within the department's appropriations;21
(ii) For cases in which the department elects to use a family 22
assessment response as authorized under subsection (12)(c) of this 23
section, and upon agreement of the child's parent, legal guardian, 24
legal custodian, or relative placement, the family assessment 25
response period may be extended up to one year. The department's 26
extension of the family assessment response must be operated within 27
the department's appropriations. 28
(d) Offer services to the family in a manner that makes it clear 29
that acceptance of the services is voluntary; 30
(e) Implement the family assessment response in a consistent and 31
cooperative manner; 32
(f) Have the parent or guardian agree to participate in services 33
before services are initiated. The department shall inform the 34
parents of their rights under family assessment response, all of 35
their options, and the options the department has if the parents do 36
not agree to participate in services. 37
(15)(a) In conducting an investigation or family assessment of 38
alleged abuse or neglect, the department or law enforcement agency:39
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(i) May interview children. If the department determines that the 1
response to the allegation will be family assessment response, the 2
preferred practice is to request a parent's, guardian's, or 3
custodian's permission to interview the child before conducting the 4
child interview unless doing so would compromise the safety of the 5
child or the integrity of the assessment. The interviews may be 6
conducted on school premises, at day-care facilities, at the child's 7
home, or at other suitable locations outside of the presence of 8
parents. If the allegation is investigated, parental notification of 9
the interview must occur at the earliest possible point in the 10
investigation that will not jeopardize the safety or protection of 11
the child or the course of the investigation. Prior to commencing the 12
interview the department or law enforcement agency shall determine 13
whether the child wishes a third party to be present for the 14
interview and, if so, shall make reasonable efforts to accommodate 15
the child's wishes. Unless the child objects, the department or law 16
enforcement agency shall make reasonable efforts to include a third 17
party in any interview so long as the presence of the third party 18
will not jeopardize the course of the investigation; and19
(ii) Shall have access to all relevant records of the child in 20
the possession of mandated reporters and their employees.21
(b) The Washington state school directors' association shall 22
adopt a model policy addressing protocols when an interview, as 23
authorized by this subsection, is conducted on school premises. In 24
formulating its policy, the association shall consult with the 25
department and the Washington association of sheriffs and police 26
chiefs. 27
(16) If a report of alleged abuse or neglect is founded and 28
constitutes the third founded report received by the department 29
within the last ((twelve)) 12 months involving the same child or 30
family, the department shall promptly notify the office of the family 31
and children's ombuds of the contents of the report. The department 32
shall also notify the ombuds of the disposition of the report.33
(17) In investigating and responding to allegations of child 34
abuse and neglect, the department may conduct background checks as 35
authorized by state and federal law. 36
(18)(a) The department shall maintain investigation records and 37
conduct timely and periodic reviews of all founded cases of abuse and 38
neglect. The department shall maintain a log of screened-out 39
nonabusive cases. 40
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(b) In the family assessment response, the department shall not 1
make a finding as to whether child abuse or neglect occurred. No one 2
shall be named as a perpetrator and no investigative finding shall be 3
entered in the department's child abuse or neglect database.4
(19) The department shall use a risk assessment process when 5
investigating alleged child abuse and neglect referrals. The 6
department shall present the risk factors at all hearings in which 7
the placement of a dependent child is an issue. Substance abuse must 8
be a risk factor. 9
(20) Upon receipt of a report of alleged abuse or neglect the law 10
enforcement agency may arrange to interview the person making the 11
report and any collateral sources to determine if any malice is 12
involved in the reporting. 13
(21) Upon receiving a report of alleged abuse or neglect 14
involving a child under the court's jurisdiction under chapter 13.34 15
RCW, the department shall promptly notify the child's guardian ad 16
litem of the report's contents. The department shall also notify the 17
guardian ad litem of the disposition of the report. For purposes of 18
this subsection, "guardian ad litem" has the meaning provided in RCW 19
13.34.030. 20
(22) The department shall make efforts as soon as practicable to 21
determine the military status of parents whose children are subject 22
to abuse or neglect allegations. If the department determines that a 23
parent or guardian is in the military, the department shall notify a 24
department of defense family advocacy program that there is an 25
allegation of abuse and neglect that is screened in and open for 26
investigation that relates to that military parent or guardian.27
(23) The department shall make available on its public website a 28
downloadable and printable poster that includes the reporting 29
requirements included in this section. The poster must be no smaller 30
than ((eight and one-half by eleven )) 8.5 by 11 inches with all 31
information on one side. The poster must be made available in both 32
the English and Spanish languages. Organizations that include 33
employees or volunteers subject to the reporting requirements of this 34
section must clearly display this poster in a common area. At a 35
minimum, this poster must include the following: 36
(a) Who is required to report child abuse and neglect;37
(b) The standard of knowledge to justify a report;38
(c) The definition of reportable crimes; 39
(d) Where to report suspected child abuse and neglect; and40
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(e) What should be included in a report and the appropriate 1
timing. 2
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