Child sex abuse

AN ACT Relating to reporting child sex abuse; amending RCW 1
26.44.020, 26.44.030, 28A.310.280, and 28A.300.040; and creating a 2
new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The Washington state legislature finds 5
that because children are one of our state's most valuable resources 6
and our future, it is of utmost importance to provide for their 7
physical and emotional safety. In recent years, allegations of sexual 8
abuse have soared, specifically against trusted adults. The 9
legislature finds that there is a need to implement robust training, 10
reporting, and background checks in addition to rigorous 11
psychological screening processes before volunteers and employees 12
interact with vulnerable populations. In its 2018 report, the 13
Washington schools risk management pool reported unprecedented 14
numbers of sexual abuse claims, but there is very little specific 15
data. Therefore, the legislature recognizes there is a need for more 16
data collection regarding sexual abuse of children in our state. The 17
legislature intends to improve data collection by public institutions 18
overseeing our school-age children, including educational service 19
districts and the office of the superintendent of public instruction.20
S-1030.1
SENATE BILL 5665
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato, Holy, and Warnick
Read first time 02/05/25. Referred to Committee on Human Services.
p. 1 SB 5665
The legislature also intends that clergy be treated the same as 1
other mandatory reporters, while acknowledging that religious 2
practices and religious freedoms are protected by the Constitution of 3
the United States. The legislature intends to respect church 4
practices and sacred sacraments, including the sacrament of penance 5
and reconciliation. 6
Sec. 2. RCW 26.44.020 and 2024 c 298 s 5 are each amended to 7
read as follows: 8
The definitions in this section apply throughout this chapter 9
unless the context clearly requires otherwise. 10
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, 11
female genital mutilation as defined in RCW 18.130.460, trafficking 12
as described in RCW 9A.40.100, sex trafficking or severe forms of 13
trafficking in persons under the trafficking victims protection act 14
of 2000, 22 U.S.C. Sec. 7101 et seq., or injury of a child by any 15
person under circumstances which cause harm to the child's health, 16
welfare, or safety, excluding conduct permitted under RCW 9A.16.100; 17
or the negligent treatment or maltreatment of a child by a person 18
responsible for or providing care to the child. An abused child is a 19
child who has been subjected to child abuse or neglect as defined in 20
this section. 21
(2) "Child" or "children" means any person under the age of 22
eighteen years of age. 23
(3) "Child forensic interview" means a developmentally sensitive 24
and legally sound method of gathering factual information regarding 25
allegations of child abuse, child neglect, or exposure to violence. 26
This interview is conducted by a competently trained, neutral 27
professional utilizing techniques informed by research and best 28
practice as part of a larger investigative process.29
(4) "Child protective services" means those services provided by 30
the department designed to protect children from child abuse and 31
neglect and safeguard such children from future abuse and neglect, 32
and conduct investigations of child abuse and neglect reports. 33
Investigations may be conducted regardless of the location of the 34
alleged abuse or neglect. Child protective services includes referral 35
to services to ameliorate conditions that endanger the welfare of 36
children, the coordination of necessary programs and services 37
relevant to the prevention, intervention, and treatment of child 38
abuse and neglect, and services to children to ensure that each child 39
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has a permanent home. In determining whether protective services 1
should be provided, the department shall not decline to provide such 2
services solely because of the child's unwillingness or developmental 3
inability to describe the nature and severity of the abuse or 4
neglect. 5
(5) "Child protective services section" means the child 6
protective services section of the department. 7
(6) "Child who is a candidate for foster care" means a child who 8
the department identifies as being at imminent risk of entering 9
foster care but who can remain safely in the child's home or in a 10
kinship placement as long as services or programs that are necessary 11
to prevent entry of the child into foster care are provided, and 12
includes but is not limited to a child whose adoption or guardianship 13
arrangement is at risk of a disruption or dissolution that would 14
result in a foster care placement. The term includes a child for whom 15
there is reasonable cause to believe that any of the following 16
circumstances exist: 17
(a) The child has been abandoned by the parent as defined in RCW 18
13.34.030 and the child's health, safety, and welfare is seriously 19
endangered as a result; 20
(b) The child has been abused or neglected as defined in this 21
chapter and the child's health, safety, and welfare is seriously 22
endangered as a result; 23
(c) There is no parent capable of meeting the child's needs such 24
that the child is in circumstances that constitute a serious danger 25
to the child's development; 26
(d) The child is otherwise at imminent risk of harm.27
(7) "Children's advocacy center" means a child-focused facility 28
in good standing with the state chapter for children's advocacy 29
centers and that coordinates a multidisciplinary process for the 30
investigation, prosecution, and treatment of sexual and other types 31
of child abuse. Children's advocacy centers provide a location for 32
forensic interviews and coordinate access to services such as, but 33
not limited to, medical evaluations, advocacy, therapy, and case 34
review by multidisciplinary teams within the context of county 35
protocols as defined in RCW 26.44.180 and 26.44.185.36
(8) (("Clergy" means any regularly licensed or ordained minister, 37
priest, or rabbi of any church or religious denomination, whether 38
acting in an individual capacity or as an employee or agent of any 39
public or private organization or institution.40
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(9))) "Court" means the superior court of the state of 1
Washington, juvenile department. 2
(((10))) (9) "Department" means the department of children, 3
youth, and families. 4
(((11))) (10) "Experiencing homelessness" means lacking a fixed, 5
regular, and adequate nighttime residence, including circumstances 6
such as sharing the housing of other persons due to loss of housing, 7
economic hardship, fleeing domestic violence, or a similar reason as 8
described in the federal McKinney-Vento homeless assistance act 9
(Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 10
1, 2021. 11
(((12))) (11) "Family assessment" means a comprehensive 12
assessment of child safety, risk of subsequent child abuse or 13
neglect, and family strengths and needs that is applied to a child 14
abuse or neglect report. Family assessment does not include a 15
determination as to whether child abuse or neglect occurred, but does 16
determine the need for services to address the safety of the child 17
and the risk of subsequent maltreatment. 18
(((13))) (12) "Family assessment response" means a way of 19
responding to certain reports of child abuse or neglect made under 20
this chapter using a differential response approach to child 21
protective services. The family assessment response shall focus on 22
the safety of the child, the integrity and preservation of the 23
family, and shall assess the status of the child and the family in 24
terms of risk of abuse and neglect including the parent's or 25
guardian's or other caretaker's capacity and willingness to protect 26
the child and, if necessary, plan and arrange the provision of 27
services to reduce the risk and otherwise support the family. No one 28
is named as a perpetrator, and no investigative finding is entered in 29
the record as a result of a family assessment. 30
(((14))) (13) "Founded" means the determination following an 31
investigation by the department that, based on available information, 32
it is more likely than not that child abuse or neglect did occur.33
(((15))) (14) "Inconclusive" means the determination following an 34
investigation by the department of social and health services, prior 35
to October 1, 2008, that based on available information a decision 36
cannot be made that more likely than not, child abuse or neglect did 37
or did not occur. 38
(((16))) (15) "Institution" means a private or public hospital or 39
any other facility providing medical diagnosis, treatment, or care.40
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(((17))) (16) "Law enforcement agency" means the police 1
department, the prosecuting attorney, the state patrol, the director 2
of public safety, or the office of the sheriff. 3
(((18))) (17) "Malice" or "maliciously" means an intent, wish, or 4
design to intimidate, annoy, or injure another person. Such malice 5
may be inferred from an act done in willful disregard of the rights 6
of another, or an act wrongfully done without just cause or excuse, 7
or an act or omission of duty betraying a willful disregard of social 8
duty. 9
(18) "Member of the clergy" means: (a) Any regularly licensed, 10
accredited, or ordained minister, deacon, priest, rabbi, imam, elder, 11
or similarly situated religious or spiritual leader of any church, 12
religious denomination, religious body, spiritual community, or sect; 13
or (b) a person performing official duties that are recognized as the 14
duties of a member of the clergy under the discipline, tenets, 15
doctrine, or custom of the person's church, religious denomination, 16
religious body, spiritual community, or sect, whether acting in an 17
individual capacity or as an employee or official agent of any public 18
or private organization or institution.19
(19) "Negligent treatment or maltreatment" means an act or a 20
failure to act, or the cumulative effects of a pattern of conduct, 21
behavior, or inaction, that evidences a serious disregard of 22
consequences of such magnitude as to constitute a clear and present 23
danger to a child's health, welfare, or safety, including but not 24
limited to conduct prohibited under RCW 9A.42.100. When considering 25
whether a clear and present danger exists, evidence of a parent's 26
substance abuse as a contributing factor to negligent treatment or 27
maltreatment shall be given great weight. The fact that siblings 28
share a bedroom is not, in and of itself, negligent treatment or 29
maltreatment. Poverty, experiencing homelessness, or exposure to 30
domestic violence as defined in RCW 7.105.010 that is perpetrated 31
against someone other than the child does not constitute negligent 32
treatment or maltreatment in and of itself. 33
(20) "Pharmacist" means any registered pharmacist under chapter 34
18.64 RCW, whether acting in an individual capacity or as an employee 35
or agent of any public or private organization or institution.36
(21) "Practitioner of the healing arts" or "practitioner" means a 37
person licensed by this state to practice podiatric medicine and 38
surgery, optometry, chiropractic, nursing, dentistry, osteopathic 39
medicine and surgery, or medicine and surgery or to provide other 40
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health services. The term "practitioner" includes a duly accredited 1
Christian Science practitioner. A person who is being furnished 2
Christian Science treatment by a duly accredited Christian Science 3
practitioner will not be considered, for that reason alone, a 4
neglected person for the purposes of this chapter. 5
(22) "Prevention and family services and programs" means specific 6
mental health prevention and treatment services, substance abuse 7
prevention and treatment services, and in-home parent skill-based 8
programs that qualify for federal funding under the federal family 9
first prevention services act, P.L. 115-123. For purposes of this 10
chapter, prevention and family services and programs are not remedial 11
services or family reunification services as described in RCW 12
13.34.025(2). 13
(23) "Professional school personnel" include, but are not limited 14
to, teachers, counselors, administrators, child care facility 15
personnel, and school nurses. 16
(24) "Psychologist" means any person licensed to practice 17
psychology under chapter 18.83 RCW, whether acting in an individual 18
capacity or as an employee or agent of any public or private 19
organization or institution. 20
(25) "Screened-out report" means a report of alleged child abuse 21
or neglect that the department has determined does not rise to the 22
level of a credible report of abuse or neglect and is not referred 23
for investigation. 24
(26) "Sexual exploitation" includes: (a) Allowing, permitting, or 25
encouraging a child to engage in prostitution by any person; or (b) 26
allowing, permitting, encouraging, or engaging in the obscene or 27
pornographic photographing, filming, or depicting of a child by any 28
person. 29
(27) "Sexually aggressive youth" means a child who is defined in 30
RCW 74.13.075(1)(b) as being a sexually aggressive youth.31
(28) "Social service counselor" means anyone engaged in a 32
professional capacity during the regular course of employment in 33
encouraging or promoting the health, welfare, support, or education 34
of children, or providing social services to adults or families, 35
including mental health, drug and alcohol treatment, and domestic 36
violence programs, whether in an individual capacity, or as an 37
employee or agent of any public or private organization or 38
institution. 39
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(29) "Unfounded" means the determination following an 1
investigation by the department that available information indicates 2
that, more likely than not, child abuse or neglect did not occur, or 3
that there is insufficient evidence for the department to determine 4
whether the alleged child abuse did or did not occur.5
Sec. 3. RCW 26.44.030 and 2024 c 298 s 6 are each amended to 6
read as follows: 7
(1)(a) When any practitioner, county coroner or medical examiner, 8
law enforcement officer, professional school personnel, registered or 9
licensed nurse, social service counselor, psychologist, pharmacist, 10
employee of the department of children, youth, and families, licensed 11
or certified child care providers or their employees, employee of the 12
department of social and health services, juvenile probation officer, 13
diversion unit staff, placement and liaison specialist, responsible 14
living skills program staff, HOPE center staff, state family and 15
children's ombuds or any volunteer in the ombuds' office, or host 16
home program has reasonable cause to believe that a child has 17
suffered abuse or neglect, he or she shall report such incident, or 18
cause a report to be made, to the proper law enforcement agency or to 19
the department as provided in RCW 26.44.040. 20
(b) When any person, in his or her official supervisory capacity 21
with a nonprofit or for-profit organization, has reasonable cause to 22
believe that a child has suffered abuse or neglect caused by a person 23
over whom he or she regularly exercises supervisory authority, he or 24
she shall report such incident, or cause a report to be made, to the 25
proper law enforcement agency, provided that the person alleged to 26
have caused the abuse or neglect is employed by, contracted by, or 27
volunteers with the organization and coaches, trains, educates, or 28
counsels a child or children or regularly has unsupervised access to 29
a child or children as part of the employment, contract, or voluntary 30
service. No one shall be required to report under this section when 31
he or she obtains the information solely as a result of a privileged 32
communication as provided in RCW 5.60.060. 33
Nothing in this subsection (1)(b) shall limit a person's duty to 34
report under (a) of this subsection. 35
For the purposes of this subsection, the following definitions 36
apply: 37
(i) "Official supervisory capacity" means a position, status, or 38
role created, recognized, or designated by any nonprofit or for-39
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profit organization, either for financial gain or without financial 1
gain, whose scope includes, but is not limited to, overseeing, 2
directing, or managing another person who is employed by, contracted 3
by, or volunteers with the nonprofit or for-profit organization.4
(ii) "Organization" includes a sole proprietor, partnership, 5
corporation, limited liability company, trust, association, financial 6
institution, governmental entity, other than the federal government, 7
and any other individual or group engaged in a trade, occupation, 8
enterprise, governmental function, charitable function, or similar 9
activity in this state whether or not the entity is operated as a 10
nonprofit or for-profit entity. 11
(iii) "Reasonable cause" means a person witnesses or receives a 12
credible written or oral report alleging abuse, including sexual 13
contact, or neglect of a child. 14
(iv) "Regularly exercises supervisory authority" means to act in 15
his or her official supervisory capacity on an ongoing or continuing 16
basis with regards to a particular person. 17
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.18
(c) The reporting requirement also applies to department of 19
corrections personnel who, in the course of their employment, observe 20
offenders or the children with whom the offenders are in contact. If, 21
as a result of observations or information received in the course of 22
his or her employment, any department of corrections personnel has 23
reasonable cause to believe that a child has suffered abuse or 24
neglect, he or she shall report the incident, or cause a report to be 25
made, to the proper law enforcement agency or to the department as 26
provided in RCW 26.44.040. 27
(d) The reporting requirement shall also apply to any adult who 28
has reasonable cause to believe that a child who resides with them, 29
has suffered severe abuse, and is able or capable of making a report. 30
For the purposes of this subsection, "severe abuse" means any of the 31
following: Any single act of abuse that causes physical trauma of 32
sufficient severity that, if left untreated, could cause death; any 33
single act of sexual abuse that causes significant bleeding, deep 34
bruising, or significant external or internal swelling; or more than 35
one act of physical abuse, each of which causes bleeding, deep 36
bruising, significant external or internal swelling, bone fracture, 37
or unconsciousness. 38
(e) The reporting requirement also applies to guardians ad litem, 39
including court-appointed special advocates, appointed under Titles 40
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11 and 13 RCW and this title, who in the course of their 1
representation of children in these actions have reasonable cause to 2
believe a child has been abused or neglected. 3
(f) The reporting requirement in (a) of this subsection also 4
applies to administrative and academic or athletic department 5
employees, including student employees, of institutions of higher 6
education, as defined in RCW 28B.10.016, and of private institutions 7
of higher education. 8
(g)(i) The reporting requirement in (a) of this subsection also 9
applies to members of the clergy, except with regard to information 10
that a member of the clergy obtains in the member's professional 11
character as a religious or spiritual advisor when the information is 12
obtained solely in the context of a sacred confidence.13
(ii) For the purposes of this subsection, "sacred confidence" as 14
prescribed in RCW 5.60.060 does not include any of the following 15
activities:16
(A) The provision of spiritual direction, unless taking place as 17
part of the sacred confidence sacrament;18
(B) Religious counseling;19
(C) Individual or group therapy;20
(D) Activity related to human resources or personnel management;21
(E) Clergy assignment work;22
(F) Activity relating to church administration or management;23
(G) Internal judicial proceedings; or24
(H) Discipline.25
(iii) The clergy penitent privilege does not apply and the member 26
of the clergy shall report child abuse or neglect if the member of 27
the clergy has received the information from any source other than 28
from a sacred confidence.29
(h) The report must be made at the first opportunity, but in no 30
case longer than forty-eight hours after there is reasonable cause to 31
believe that the child has suffered abuse or neglect. The report must 32
include the identity of the accused if known. 33
(2) The reporting requirement of subsection (1) of this section 34
does not apply to the discovery of abuse or neglect that occurred 35
during childhood if it is discovered after the child has become an 36
adult. However, if there is reasonable cause to believe other 37
children are or may be at risk of abuse or neglect by the accused, 38
the reporting requirement of subsection (1) of this section does 39
apply. 40
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(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 hours after a report is received by the 13
department. In all other cases, the department shall notify the law 14
enforcement agency within seventy-two hours after a report is 15
received by the department. If the department makes an oral report, a 16
written report must also be made to the proper law enforcement agency 17
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 twenty-30
four hours. In all other cases, the law enforcement agency shall 31
notify the department within seventy-two hours after a report is 32
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
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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
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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 days 33
from the date the report is received, unless the investigation is 34
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
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(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
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 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 months involving the same child or family, the 30
department shall promptly notify the office of the family and 31
children's ombuds of the contents of the report. The department shall 32
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 inches with all information on one 31
side. The poster must be made available in both the English and 32
Spanish languages. Organizations that include employees or volunteers 33
subject to the reporting requirements of this section must clearly 34
display this poster in a common area. At a minimum, this poster must 35
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
Sec. 4. RCW 28A.310.280 and 1975 1st ex.s. c 275 s 25 are each 3
amended to read as follows: 4
In addition to other powers and duties as provided by law, each 5
educational service district superintendent shall: 6
(1) Perform such recordkeeping, including such annual reports as 7
may be required, and liaison and informational services to local 8
school districts and the superintendent of public instruction as 9
required by rule or regulation of the superintendent of public 10
instruction or state board of education: PROVIDED, That the 11
superintendent of public instruction and the state board of education 12
may require some or all of the school districts to report information 13
directly when such reporting procedures are deemed desirable or 14
feasible((.));15
(2) Keep records of official acts of the educational service 16
district board and superintendents in accordance with RCW 17
((28A.21.120)) 28A.310.310, as now or hereafter amended((.));18
(3) Preserve carefully all reports of school officers and 19
teachers and deliver to the successor of the office all records, 20
books, documents, and papers belonging to the office either 21
personally or through a personal representative, taking a receipt for 22
the same, which shall be filed in the office of the county auditor in 23
the county where the office is located; and24
(4) Report annually to the office of the superintendent of public 25
instruction, a record of sexual abuse accusations, investigations, 26
and subsequent disciplinary or corrective actions, as well as 27
preventative measures taken by the educational service district 28
towards both students and any school employee or volunteer. 29
Individual school employees or volunteers must be identified.30
Sec. 5. RCW 28A.300.040 and 2023 c 303 s 3 are each amended to 31
read as follows: 32
In addition to any other powers and duties as provided by law, 33
the powers and duties of the superintendent of public instruction 34
shall be: 35
(1) To have supervision over all matters pertaining to the public 36
schools of the state; 37
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(2) To report to the governor and the legislature such 1
information and data as may be required for the management and 2
improvement of the schools; 3
(3) To prepare and have printed such forms, registers, courses of 4
study, rules for the government of the common schools, and such other 5
material and books as may be necessary for the discharge of the 6
duties of teachers and officials charged with the administration of 7
the laws relating to the common schools, and to distribute the same 8
to educational service district superintendents; 9
(4) To travel, without neglecting his or her other official 10
duties as superintendent of public instruction, for the purpose of 11
attending educational meetings or conventions, of visiting schools, 12
and of consulting educational service district superintendents or 13
other school officials; 14
(5) To prepare and from time to time to revise a manual of the 15
Washington state common school code, copies of which shall be made 16
available online and which shall be sold at approximate actual cost 17
of publication and distribution per volume to public and nonpublic 18
agencies or individuals, said manual to contain Titles 28A and 28C 19
RCW, rules related to the common schools, and such other matter as 20
the state superintendent or the state board of education shall 21
determine; 22
(6) To file all papers, reports and public documents transmitted 23
to the superintendent by the school officials of the several counties 24
or districts of the state, each year separately. Copies of all papers 25
filed in the superintendent's office, and the superintendent's 26
official acts, may, or upon request, shall be certified by the 27
superintendent and attested by the superintendent's official seal, 28
and when so certified shall be evidence of the papers or acts so 29
certified to; 30
(7) To require annually, on or before the 15th day of August, of 31
the president, manager, or principal of every educational institution 32
in this state, a report as required by the superintendent of public 33
instruction; and it is the duty of every president, manager, or 34
principal, to complete and return such forms within such time as the 35
superintendent of public instruction shall direct;36
(8) To keep in the superintendent's office a record of all 37
teachers receiving certificates to teach in the common schools of 38
this state; 39
(9) To issue certificates as provided by law; 40
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(10) To keep in the superintendent's office at the capital of the 1
state, all books and papers pertaining to the business of the 2
superintendent's office, and to keep and preserve in the 3
superintendent's office a complete record of statistics, as well as a 4
record of the meetings of the state board of education;5
(11) With the assistance of the office of the attorney general, 6
to decide all points of law which may be submitted to the 7
superintendent in writing by any educational service district 8
superintendent, or that may be submitted to the superintendent by any 9
other person, upon appeal from the decision of any educational 10
service district superintendent; and the superintendent shall publish 11
his or her rulings and decisions from time to time for the 12
information of school officials and teachers; and the 13
superintendent's decision shall be final unless set aside by a court 14
of competent jurisdiction; 15
(12) To administer oaths and affirmations in the discharge of the 16
superintendent's official duties; 17
(13) To deliver to his or her successor, at the expiration of the 18
superintendent's term of office, all records, books, maps, documents 19
and papers of whatever kind belonging to the superintendent's office 20
or which may have been received by the superintendent's for the use 21
of the superintendent's office; 22
(14) To administer family services and programs to promote the 23
state's policy as provided in RCW 74.14A.025; 24
(15) To promote the adoption of school-based curricula and 25
policies that provide quality, daily physical education for all 26
students, and to encourage policies that provide all students with 27
opportunities for physical activity outside of formal physical 28
education classes; 29
(16) To perform all duties required by chapter 303, Laws of 2023 30
for the delivery and oversight of basic education services to 31
justice-involved students under the age of 21 who are served through 32
institutional education programs in facilities that are not under the 33
jurisdiction of the department of social and health services or the 34
department of corrections;35
(17) To collect and compile data regarding sexual abuse from the 36
educational service districts, to make available information 37
regarding school employees or volunteers who have been the subject of 38
investigations and disciplinary actions regarding sexual abuse of 39
students upon request of educational service districts, and report to 40
p. 19 SB 5665
the governor and to the legislature annually regarding the numbers of 1
sexual abuse investigations and corrective actions taken by the 2
educational service districts; 3
(18) To develop systems for the psychological screening, 4
training, and background checks for all volunteers and school 5
employees to promote prevention of sexual abuse. To develop and 6
promote safe environment programs and establish an annual auditing 7
process by an independent auditor to ensure that volunteers and 8
employees are being screened and trained to prevent sexual abuse of 9
students by other students and by educators and volunteers. The 10
results of such audit must be made available annually to the public ; 11
and 12
(((17))) (19) To perform such other duties as may be required by 13
law. 14
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