Child fatality reviews

AN ACT Relating to expanding child fatality and near fatality 1
reviews to include those in the care or custody of the department of 2
children, youth, and families pursuant to chapter 13.40 RCW; amending 3
RCW 43.06A.100 and 74.13.640; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that children, 6
youth, and other individuals placed in the state's care and state-7
licensed facilities through juvenile rehabilitation must be protected 8
from harm. The legislature further finds that fatality reviews 9
provide an important tool for the public to review what improvements 10
may be made for the safety and protection of people placed in 11
juvenile rehabilitation. Therefore, the legislature finds that the 12
department of children, youth, and families shall also conduct 13
fatality reviews over any child, youth, or other individual placed in 14
the department's care.15
Sec. 2. RCW 43.06A.100 and 2017 3rd sp.s. c 6 s 810 are each 16
amended to read as follows: 17
(1) The department of children, youth, and families shall:18
(a) Allow the ombuds or the ombuds's designee to communicate 19
privately with any child , youth, or individual in the custody of the 20
S-1052.2
SENATE BILL 5643
State of Washington 69th Legislature 2025 Regular Session
By Senator Christian
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department of children, youth, and families, or any child , youth, or 1
individual who is part of a near fatality investigation by the 2
department of children, youth, and families, for the purposes of 3
carrying out its duties under this chapter; 4
(b) Permit the ombuds or the ombuds designee physical access to 5
state institutions serving children, youth, and individuals, and 6
state licensed facilities or residences for the purpose of carrying 7
out its duties under this chapter; 8
(c) Upon the ombuds's request, grant the ombuds or the ombuds's 9
designee the right to access, inspect, and copy all relevant 10
information, records, or documents in the possession or control of 11
the department of children, youth, and families that the ombuds 12
considers necessary in an investigation; and 13
(d) Grant the office of the family and children's ombuds 14
unrestricted online access to the child welfare case management 15
information system , the juvenile rehabilitation case management 16
system, and the department of children, youth, and families data 17
information system for the purpose of carrying out its duties under 18
this chapter. 19
(2) For the purposes of this section, "near fatality" means an 20
act, including an overdose of any controlled substance under chapter 21
69.50 RCW, that, as certified by a physician, places the child in 22
serious or critical condition. 23
(3) Nothing in this section creates a duty for the office of the 24
family and children's ombuds under RCW 43.06A.030 as related to 25
children in the care of an early learning program described in RCW 26
43.216.500 through 43.216.550, a licensed child care center, or a 27
licensed child care home. 28
Sec. 3. RCW 74.13.640 and 2018 c 284 s 62 are each amended to 29
read as follows: 30
(1)(a) The department shall conduct a child fatality review in 31
the event of a fatality suspected to be caused by child abuse or 32
neglect of any ((minor)) child, youth, or individual who is in the 33
care of the department or receiving services described in this 34
chapter or chapter 13.40 RCW or who has been in the care of the 35
department or received services described in this chapter or chapter 36
13.40 RCW within one year preceding the ((minor's)) child's, youth's, 37
or individual's death. 38
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(b) The department shall consult with the office of the family 1
and children's ombuds to determine if a child fatality review should 2
be conducted in any case in which it cannot be determined whether the 3
child's death is the result of suspected child abuse or neglect.4
(c) The department shall ensure that the fatality review team is 5
made up of individuals who had no previous involvement in the case, 6
including individuals whose professional expertise is pertinent to 7
the dynamics of the case. 8
(d) Upon conclusion of a child fatality review required pursuant 9
to this section, the department shall within one hundred eighty days 10
following the fatality issue a report on the results of the review, 11
unless an extension has been granted by the governor. Reports must be 12
distributed to the appropriate committees of the legislature, and the 13
department shall create a public website where all child fatality 14
review reports required under this section must be posted and 15
maintained. A child fatality review report completed pursuant to this 16
section is subject to public disclosure and must be posted on the 17
public website, except that confidential information may be redacted 18
by the department consistent with the requirements of RCW 13.50.100, 19
68.50.105, 74.13.500 through 74.13.525, chapter 42.56 RCW, and other 20
applicable state and federal laws. 21
(e) The department shall develop and implement procedures to 22
carry out the requirements of this section. 23
(2)(((a))) In the event of a near fatality of a child , youth, or 24
individual who is in the care of or receiving services described in 25
this chapter or chapter 13.40 RCW from the department ((or)), who has 26
been in the care of or received services described in this chapter or 27
chapter 13.40 RCW from the department within one year preceding the 28
near fatality, or was the subject of an investigation by the 29
department for possible abuse or neglect, the department shall 30
promptly notify the office of the family and children's ombuds ((. The 31
department may )) and conduct a review of the near fatality ((at its 32
discretion or at the request of the office of the family and 33
children's ombuds)). 34
(((b) In the event of a near fatality of a child who is in the 35
care of or receiving services described in this chapter from the 36
department or who has been in the care of or received services 37
described in this chapter from the department within three months 38
preceding the near fatality, or was the subject of an investigation 39
by the department for possible abuse or neglect, the department shall 40
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promptly notify the office of the family and children's ombuds and 1
the department shall conduct a review of the near fatality.2
(c) "Near fatality" means an act that, as certified by a 3
physician, places the child in serious or critical condition.))4
(3) In any review of a child fatality or near fatality in which 5
the child, youth, or individual was placed with or received services 6
from an agency pursuant to a contract with the department, the 7
department and the fatality review team shall have access to all 8
records and files regarding the child , youth, or individual or 9
otherwise relevant to the review that have been produced or retained 10
by the agency. 11
(4)(a) A child fatality or near fatality review completed 12
pursuant to this section is subject to discovery in a civil or 13
administrative proceeding, but may not be admitted into evidence or 14
otherwise used in a civil or administrative proceeding except 15
pursuant to this section. 16
(b) A department employee responsible for conducting a child 17
fatality or near fatality review, or member of a child fatality or 18
near fatality review team, may not be examined in a civil or 19
administrative proceeding regarding (i) the work of the child 20
fatality or near fatality review team, (ii) the incident under 21
review, (iii) his or her statements, deliberations, thoughts, 22
analyses, or impressions relating to the work of the child fatality 23
or near fatality review team or the incident under review, or (iv) 24
the statements, deliberations, thoughts, analyses, or impressions of 25
any other member of the child fatality or near fatality review team, 26
or any person who provided information to the child fatality or near 27
fatality review team, relating to the work of the child fatality or 28
near fatality review team or the incident under review.29
(c) Documents prepared by or for a child fatality or near 30
fatality review team are inadmissible and may not be used in a civil 31
or administrative proceeding, except that any document that exists 32
before its use or consideration in a child fatality or near fatality 33
review, or that is created independently of such review, does not 34
become inadmissible merely because it is reviewed or used by a child 35
fatality or near fatality review team. A person is not unavailable as 36
a witness merely because the person has been interviewed by or has 37
provided a statement for a child fatality or near fatality review, 38
but if called as a witness, a person may not be examined regarding 39
the person's interactions with the child fatality or near fatality 40
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review including, without limitation, whether the person was 1
interviewed during such review, the questions that were asked during 2
such review, and the answers that the person provided during such 3
review. This section may not be construed as restricting the person 4
from testifying fully in any proceeding regarding his or her 5
knowledge of the incident under review. 6
(d) The restrictions set forth in this section do not apply in a 7
licensing or disciplinary proceeding arising from an agency's effort 8
to revoke or suspend the license of any licensed professional based 9
in whole or in part upon allegations of wrongdoing in connection with 10
a ((minor's)) child's, youth's, or individual's death or near 11
fatality reviewed by a child fatality or near fatality review team.12
(5) For the purposes of this section:13
(a) "Abuse or neglect" means sexual abuse, sexual exploitation, 14
female genital mutilation as defined in RCW 18.130.460, or injury of 15
a child, youth, or individual by any person under circumstances which 16
cause harm to the child's, youth's, or individual's health, welfare, 17
or safety, excluding conduct permitted under RCW 9A.16.100; or the 18
negligent treatment or maltreatment of a child, youth, or individual 19
by a person responsible for or providing care to the child, youth, or 20
individual. An abused child is a child who has been subjected to 21
child abuse or neglect as defined in this section.22
(b) "Child, youth, or individual" includes any person in the 23
state's care or in state-licensed facilities or residences and 24
juvenile rehabilitation facilities who is receiving services from the 25
department.26
(c) "Near fatality" means an act, including an overdose of any 27
controlled substance under chapter 69.50 RCW, that, as certified by a 28
physician, places the child in serious or critical condition.29
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