Child neglect cases

AN ACT Relating to improving responses and outcomes in child 1
neglect cases; amending RCW 26.44.020 and 26.44.030; and adding a new 2
section to chapter 26.44 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 26.44.020 and 2024 c 298 s 5 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, 9
female genital mutilation as defined in RCW 18.130.460, trafficking 10
as described in RCW 9A.40.100, sex trafficking or severe forms of 11
trafficking in persons under the trafficking victims protection act 12
of 2000, 22 U.S.C. Sec. 7101 et seq., or injury of a child by any 13
person under circumstances which cause harm to the child's health, 14
welfare, or safety, excluding conduct permitted under RCW 9A.16.100; 15
or the negligent treatment or maltreatment of a child by a person 16
responsible for or providing care to the child. An abused child is a 17
child who has been subjected to child abuse or neglect as defined in 18
this section. 19
(2) "Child" or "children" means any person under the age of 20
eighteen years of age. 21
S-1383.1
SENATE BILL 5736
State of Washington 69th Legislature 2025 Regular Session
By Senators Braun, Boehnke, Chapman, Christian, Dozier, and Warnick
Read first time 02/12/25. Referred to Committee on Human Services.
p. 1 SB 5736
(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
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(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) "Chronic child neglect" means either of the following amounts 14
of screened-in cases that involve allegations of more than one type 15
of neglect or a combination of abuse and neglect allegations:16
(a) Three screened-in cases in 12 months; or17
(b) Four screened-in cases in 24 months.18
(9) "Clergy" means any regularly licensed or ordained minister, 19
priest, or rabbi of any church or religious denomination, whether 20
acting in an individual capacity or as an employee or agent of any 21
public or private organization or institution. 22
(((9))) (10) "Court" means the superior court of the state of 23
Washington, juvenile department. 24
(((10))) (11) "Department" means the department of children, 25
youth, and families. 26
(((11))) (12) "Experiencing homelessness" means lacking a fixed, 27
regular, and adequate nighttime residence, including circumstances 28
such as sharing the housing of other persons due to loss of housing, 29
economic hardship, fleeing domestic violence, or a similar reason as 30
described in the federal McKinney-Vento homeless assistance act 31
(Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 32
1, 2021. 33
(((12))) (13) "Family assessment" means a comprehensive 34
assessment of child safety, risk of subsequent child abuse or 35
neglect, and family strengths and needs that is applied to a child 36
abuse or neglect report. Family assessment does not include a 37
determination as to whether child abuse or neglect occurred, but does 38
determine the need for services to address the safety of the child 39
and the risk of subsequent maltreatment. 40
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(((13))) (14) "Family assessment response" means a way of 1
responding to certain reports of child abuse or neglect made under 2
this chapter using a differential response approach to child 3
protective services. The family assessment response shall focus on 4
the safety of the child, the integrity and preservation of the 5
family, and shall assess the status of the child and the family in 6
terms of risk of abuse and neglect including the parent's or 7
guardian's or other caretaker's capacity and willingness to protect 8
the child and, if necessary, plan and arrange the provision of 9
services to reduce the risk and otherwise support the family. No one 10
is named as a perpetrator, and no investigative finding is entered in 11
the record as a result of a family assessment. 12
(((14))) (15) "Founded" means the determination following an 13
investigation by the department that, based on available information, 14
it is more likely than not that child abuse or neglect did occur.15
(((15))) (16) "Inconclusive" means the determination following an 16
investigation by the department of social and health services, prior 17
to October 1, 2008, that based on available information a decision 18
cannot be made that more likely than not, child abuse or neglect did 19
or did not occur. 20
(((16))) (17) "Institution" means a private or public hospital or 21
any other facility providing medical diagnosis, treatment, or care.22
(((17))) (18) "Law enforcement agency" means the police 23
department, the prosecuting attorney, the state patrol, the director 24
of public safety, or the office of the sheriff. 25
(((18))) (19) "Malice" or "maliciously" means an intent, wish, or 26
design to intimidate, annoy, or injure another person. Such malice 27
may be inferred from an act done in willful disregard of the rights 28
of another, or an act wrongfully done without just cause or excuse, 29
or an act or omission of duty betraying a willful disregard of social 30
duty. 31
(((19))) (20) "Negligent treatment or maltreatment" means an act 32
or a failure to act, or the cumulative effects of a pattern of 33
conduct, behavior, or inaction, that evidences a serious disregard of 34
consequences of such magnitude as to constitute a clear and present 35
danger to a child's health, welfare, or safety, including but not 36
limited to conduct prohibited under RCW 9A.42.100. When considering 37
whether a clear and present danger exists, evidence of a parent's 38
substance abuse as a contributing factor to negligent treatment or 39
maltreatment shall be given great weight. The fact that siblings 40
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share a bedroom is not, in and of itself, negligent treatment or 1
maltreatment. Poverty, experiencing homelessness, or exposure to 2
domestic violence as defined in RCW 7.105.010 that is perpetrated 3
against someone other than the child does not constitute negligent 4
treatment or maltreatment in and of itself. 5
(((20))) (21) "Pharmacist" means any registered pharmacist under 6
chapter 18.64 RCW, whether acting in an individual capacity or as an 7
employee or agent of any public or private organization or 8
institution. 9
(((21))) (22) "Practitioner of the healing arts" or 10
"practitioner" means a person licensed by this state to practice 11
podiatric medicine and surgery, optometry, chiropractic, nursing, 12
dentistry, osteopathic medicine and surgery, or medicine and surgery 13
or to provide other health services. The term "practitioner" includes 14
a duly accredited Christian Science practitioner. A person who is 15
being furnished Christian Science treatment by a duly accredited 16
Christian Science practitioner will not be considered, for that 17
reason alone, a neglected person for the purposes of this chapter.18
(((22))) (23) "Prevention and family services and programs" means 19
specific mental health prevention and treatment services, substance 20
abuse prevention and treatment services, and in-home parent skill-21
based programs that qualify for federal funding under the federal 22
family first prevention services act, P.L. 115-123. For purposes of 23
this chapter, prevention and family services and programs are not 24
remedial services or family reunification services as described in 25
RCW 13.34.025(2). 26
(((23))) (24) "Professional school personnel" include, but are 27
not limited to, teachers, counselors, administrators, child care 28
facility personnel, and school nurses. 29
(((24))) (25) "Psychologist" means any person licensed to 30
practice psychology under chapter 18.83 RCW, whether acting in an 31
individual capacity or as an employee or agent of any public or 32
private organization or institution. 33
(((25))) (26) "Screened-out report" means a report of alleged 34
child abuse or neglect that the department has determined does not 35
rise to the level of a credible report of abuse or neglect and is not 36
referred for investigation. 37
(((26))) (27) "Sexual exploitation" includes: (a) Allowing, 38
permitting, or encouraging a child to engage in prostitution by any 39
person; or (b) allowing, permitting, encouraging, or engaging in the 40
p. 5 SB 5736
obscene or pornographic photographing, filming, or depicting of a 1
child by any person. 2
(((27))) (28) "Sexually aggressive youth" means a child who is 3
defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.4
(((28))) (29) "Social service counselor" means anyone engaged in 5
a professional capacity during the regular course of employment in 6
encouraging or promoting the health, welfare, support, or education 7
of children, or providing social services to adults or families, 8
including mental health, drug and alcohol treatment, and domestic 9
violence programs, whether in an individual capacity, or as an 10
employee or agent of any public or private organization or 11
institution. 12
(((29))) (30) "Unfounded" means the determination following an 13
investigation by the department that available information indicates 14
that, more likely than not, child abuse or neglect did not occur, or 15
that there is insufficient evidence for the department to determine 16
whether the alleged child abuse did or did not occur.17
Sec. 2. RCW 26.44.030 and 2024 c 298 s 6 are each amended to 18
read as follows: 19
(1)(a) When any practitioner, county coroner or medical examiner, 20
law enforcement officer, professional school personnel, registered or 21
licensed nurse, social service counselor, psychologist, pharmacist, 22
employee of the department of children, youth, and families, licensed 23
or certified child care providers or their employees, employee of the 24
department of social and health services, juvenile probation officer, 25
diversion unit staff, placement and liaison specialist, responsible 26
living skills program staff, HOPE center staff, state family and 27
children's ombuds or any volunteer in the ombuds' office, or host 28
home program has reasonable cause to believe that a child has 29
suffered abuse or neglect, he or she shall report such incident, or 30
cause a report to be made, to the proper law enforcement agency or to 31
the department as provided in RCW 26.44.040. 32
(b) When any person, in his or her official supervisory capacity 33
with a nonprofit or for-profit organization, has reasonable cause to 34
believe that a child has suffered abuse or neglect caused by a person 35
over whom he or she regularly exercises supervisory authority, he or 36
she shall report such incident, or cause a report to be made, to the 37
proper law enforcement agency, provided that the person alleged to 38
have caused the abuse or neglect is employed by, contracted by, or 39
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volunteers with the organization and coaches, trains, educates, or 1
counsels a child or children or regularly has unsupervised access to 2
a child or children as part of the employment, contract, or voluntary 3
service. No one shall be required to report under this section when 4
he or she obtains the information solely as a result of a privileged 5
communication as provided in RCW 5.60.060. 6
Nothing in this subsection (1)(b) shall limit a person's duty to 7
report under (a) of this subsection. 8
For the purposes of this subsection, the following definitions 9
apply: 10
(i) "Official supervisory capacity" means a position, status, or 11
role created, recognized, or designated by any nonprofit or for-12
profit organization, either for financial gain or without financial 13
gain, whose scope includes, but is not limited to, overseeing, 14
directing, or managing another person who is employed by, contracted 15
by, or volunteers with the nonprofit or for-profit organization.16
(ii) "Organization" includes a sole proprietor, partnership, 17
corporation, limited liability company, trust, association, financial 18
institution, governmental entity, other than the federal government, 19
and any other individual or group engaged in a trade, occupation, 20
enterprise, governmental function, charitable function, or similar 21
activity in this state whether or not the entity is operated as a 22
nonprofit or for-profit entity. 23
(iii) "Reasonable cause" means a person witnesses or receives a 24
credible written or oral report alleging abuse, including sexual 25
contact, or neglect of a child. 26
(iv) "Regularly exercises supervisory authority" means to act in 27
his or her official supervisory capacity on an ongoing or continuing 28
basis with regards to a particular person. 29
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.30
(c) The reporting requirement also applies to department of 31
corrections personnel who, in the course of their employment, observe 32
offenders or the children with whom the offenders are in contact. If, 33
as a result of observations or information received in the course of 34
his or her employment, any department of corrections personnel has 35
reasonable cause to believe that a child has suffered abuse or 36
neglect, he or she shall report the incident, or cause a report to be 37
made, to the proper law enforcement agency or to the department as 38
provided in RCW 26.44.040. 39
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(d) The reporting requirement shall also apply to any adult who 1
has reasonable cause to believe that a child who resides with them, 2
has suffered severe abuse, and is able or capable of making a report. 3
For the purposes of this subsection, "severe abuse" means any of the 4
following: Any single act of abuse that causes physical trauma of 5
sufficient severity that, if left untreated, could cause death; any 6
single act of sexual abuse that causes significant bleeding, deep 7
bruising, or significant external or internal swelling; or more than 8
one act of physical abuse, each of which causes bleeding, deep 9
bruising, significant external or internal swelling, bone fracture, 10
or unconsciousness. 11
(e) The reporting requirement also applies to guardians ad litem, 12
including court-appointed special advocates, appointed under Titles 13
11 and 13 RCW and this title, who in the course of their 14
representation of children in these actions have reasonable cause to 15
believe a child has been abused or neglected. 16
(f) The reporting requirement in (a) of this subsection also 17
applies to administrative and academic or athletic department 18
employees, including student employees, of institutions of higher 19
education, as defined in RCW 28B.10.016, and of private institutions 20
of higher education. 21
(g) The report must be made at the first opportunity, but in no 22
case longer than forty-eight hours after there is reasonable cause to 23
believe that the child has suffered abuse or neglect. The report must 24
include the identity of the accused if known. 25
(2) The reporting requirement of subsection (1) of this section 26
does not apply to the discovery of abuse or neglect that occurred 27
during childhood if it is discovered after the child has become an 28
adult. However, if there is reasonable cause to believe other 29
children are or may be at risk of abuse or neglect by the accused, 30
the reporting requirement of subsection (1) of this section does 31
apply. 32
(3) Any other person who has reasonable cause to believe that a 33
child has suffered abuse or neglect may report such incident to the 34
proper law enforcement agency or to the department as provided in RCW 35
26.44.040. 36
(4) The department, upon receiving a report of an incident of 37
alleged abuse or neglect pursuant to this chapter, involving a child 38
who has died or has had physical injury or injuries inflicted upon 39
him or her other than by accidental means or who has been subjected 40
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to alleged sexual abuse, shall report such incident to the proper law 1
enforcement agency, including military law enforcement, if 2
appropriate. In emergency cases, where the child's welfare is 3
endangered, the department shall notify the proper law enforcement 4
agency within twenty-four hours after a report is received by the 5
department. In all other cases, the department shall notify the law 6
enforcement agency within seventy-two hours after a report is 7
received by the department. If the department makes an oral report, a 8
written report must also be made to the proper law enforcement agency 9
within five days thereafter. 10
(5) Any law enforcement agency receiving a report of an incident 11
of alleged abuse or neglect pursuant to this chapter, involving a 12
child who has died or has had physical injury or injuries inflicted 13
upon him or her other than by accidental means, or who has been 14
subjected to alleged sexual abuse, shall report such incident in 15
writing as provided in RCW 26.44.040 to the proper county prosecutor 16
or city attorney for appropriate action whenever the law enforcement 17
agency's investigation reveals that a crime may have been committed. 18
The law enforcement agency shall also notify the department of all 19
reports received and the law enforcement agency's disposition of 20
them. In emergency cases, where the child's welfare is endangered, 21
the law enforcement agency shall notify the department within twenty-22
four hours. In all other cases, the law enforcement agency shall 23
notify the department within seventy-two hours after a report is 24
received by the law enforcement agency. 25
(6) Any county prosecutor or city attorney receiving a report 26
under subsection (5) of this section shall notify the victim, any 27
persons the victim requests, and the local office of the department, 28
of the decision to charge or decline to charge a crime, within five 29
days of making the decision. 30
(7) The department may conduct ongoing case planning and 31
consultation with those persons or agencies required to report under 32
this section, with consultants designated by the department, and with 33
designated representatives of Washington Indian tribes if the client 34
information exchanged is pertinent to cases currently receiving child 35
protective services. Upon request, the department shall conduct such 36
planning and consultation with those persons required to report under 37
this section if the department determines it is in the best interests 38
of the child. Information considered privileged by statute and not 39
p. 9 SB 5736
directly related to reports required by this section must not be 1
divulged without a valid written waiver of the privilege.2
(8) Any case referred to the department by a physician licensed 3
under chapter 18.57 or 18.71 RCW on the basis of an expert medical 4
opinion that child abuse, neglect, or sexual assault has occurred and 5
that the child's safety will be seriously endangered if returned 6
home, the department shall file a dependency petition unless a second 7
licensed physician of the parents' choice believes that such expert 8
medical opinion is incorrect. If the parents fail to designate a 9
second physician, the department may make the selection. If a 10
physician finds that a child has suffered abuse or neglect but that 11
such abuse or neglect does not constitute imminent danger to the 12
child's health or safety, and the department agrees with the 13
physician's assessment, the child may be left in the parents' home 14
while the department proceeds with reasonable efforts to remedy 15
parenting deficiencies. 16
(9) Persons or agencies exchanging information under subsection 17
(7) of this section shall not further disseminate or release the 18
information except as authorized by state or federal statute. 19
Violation of this subsection is a misdemeanor. 20
(10) Upon receiving a report that a child is a candidate for 21
foster care as defined in RCW 26.44.020, the department may provide 22
prevention and family services and programs to the child's parents, 23
guardian, or caregiver. The department may not be held civilly liable 24
for the decision regarding whether to provide prevention and family 25
services and programs, or for the provision of those services and 26
programs, for a child determined to be a candidate for foster care.27
(11) Upon receiving a report of alleged abuse or neglect, the 28
department shall make reasonable efforts to learn the name, address, 29
and telephone number of each person making a report of abuse or 30
neglect under this section. The department shall provide assurances 31
of appropriate confidentiality of the identification of persons 32
reporting under this section. If the department is unable to learn 33
the information required under this subsection, the department shall 34
only investigate cases in which: 35
(a) The department believes there is a serious threat of 36
substantial harm to the child; 37
(b) The report indicates conduct involving a criminal offense 38
that has, or is about to occur, in which the child is the victim; or39
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(c) The department has a prior founded report of abuse or neglect 1
with regard to a member of the household that is within three years 2
of receipt of the referral. 3
(12)(a) Upon receiving a report of alleged abuse or neglect, the 4
department shall use one of the following discrete responses to 5
reports of child abuse or neglect that are screened in and accepted 6
for departmental response: 7
(i) Investigation; or 8
(ii) Family assessment. 9
(b) In making the response in (a) of this subsection the 10
department shall: 11
(i) Use a method by which to assign cases to investigation or 12
family assessment which are based on an array of factors that may 13
include the presence of: Imminent danger, level of risk, number of 14
previous child abuse or neglect reports, or other presenting case 15
characteristics, such as the type of alleged maltreatment and the age 16
of the alleged victim. Age of the alleged victim shall not be used as 17
the sole criterion for determining case assignment;18
(ii) Allow for a change in response assignment based on new 19
information that alters risk or safety level; 20
(iii) Allow families assigned to family assessment to choose to 21
receive an investigation rather than a family assessment;22
(iv) Provide a full investigation if a family refuses the initial 23
family assessment; 24
(v) Provide voluntary services to families based on the results 25
of the initial family assessment. If a family refuses voluntary 26
services, and the department cannot identify specific facts related 27
to risk or safety that warrant assignment to investigation under this 28
chapter, and there is not a history of reports of child abuse or 29
neglect related to the family, then the department must close the 30
family assessment response case. However, if at any time the 31
department identifies risk or safety factors that warrant an 32
investigation under this chapter, then the family assessment response 33
case must be reassigned to investigation; 34
(vi) Conduct an investigation, and not a family assessment, in 35
response to an allegation that, the department determines based on 36
the intake assessment: 37
(A) Indicates a child's health, safety, and welfare will be 38
seriously endangered if not taken into custody for reasons including, 39
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but not limited to, sexual abuse and sexual exploitation of the child 1
as defined in this chapter; 2
(B) Poses a serious threat of substantial harm to a child;3
(C) Constitutes conduct involving a criminal offense that has, or 4
is about to occur, in which the child is the victim;5
(D) The child is an abandoned child as defined in RCW 13.34.030;6
(E) The child is an adjudicated dependent child as defined in RCW 7
13.34.030, or the child is in a facility that is licensed, operated, 8
or certified for care of children by the department under chapter 9
74.15 RCW. 10
(c) In addition, the department may use a family assessment 11
response to assess for and provide prevention and family services and 12
programs, as defined in RCW 26.44.020, for the following children and 13
their families, consistent with requirements under the federal family 14
first prevention services act and this section: 15
(i) A child who is a candidate for foster care, as defined in RCW 16
26.44.020; and 17
(ii) A child who is in foster care and who is pregnant, 18
parenting, or both. 19
(d) The department may not be held civilly liable for the 20
decision to respond to an allegation of child abuse or neglect by 21
using the family assessment response under this section unless the 22
state or its officers, agents, or employees acted with reckless 23
disregard. 24
(13) Upon a department finding that neglect occurred without 25
abuse, the department must provide information to the family on how 26
to apply for public assistance benefits that may be available to the 27
family including, but not limited to, cash, food, medical, child 28
support, disability determination, and support for transitioning to 29
employment services as provided in Title 74 RCW, and the working 30
families' tax credit as provided in RCW 82.08.0206, as well as 31
information regarding family resource centers as defined in RCW 32
74.14C.010.33
(14)(a) For reports of alleged abuse or neglect that are accepted 34
for investigation by the department, the investigation shall be 35
conducted within time frames established by the department in rule. 36
In no case shall the investigation extend longer than ninety days 37
from the date the report is received, unless the investigation is 38
being conducted under a written protocol pursuant to RCW 26.44.180 39
and a law enforcement agency or prosecuting attorney has determined 40
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that a longer investigation period is necessary. At the completion of 1
the investigation, the department shall make a finding that the 2
report of child abuse or neglect is founded or unfounded.3
(b) If a court in a civil or criminal proceeding, considering the 4
same facts or circumstances as are contained in the report being 5
investigated by the department, makes a judicial finding by a 6
preponderance of the evidence or higher that the subject of the 7
pending investigation has abused or neglected the child, the 8
department shall adopt the finding in its investigation.9
(((14))) (15) For reports of alleged abuse or neglect that are 10
responded to through family assessment response, the department 11
shall: 12
(a) Provide the family with a written explanation of the 13
procedure for assessment of the child and the family and its 14
purposes; 15
(b) Collaborate with the family to identify family strengths, 16
resources, and service needs, and develop a service plan with the 17
goal of reducing risk of harm to the child and improving or restoring 18
family well-being; 19
(c) Complete the family assessment response within forty-five 20
days of receiving the report except as follows: 21
(i) Upon parental agreement, the family assessment response 22
period may be extended up to one hundred twenty days. The 23
department's extension of the family assessment response period must 24
be operated within the department's appropriations;25
(ii) For cases in which the department elects to use a family 26
assessment response as authorized under subsection (12)(c) of this 27
section, and upon agreement of the child's parent, legal guardian, 28
legal custodian, or relative placement, the family assessment 29
response period may be extended up to one year. The department's 30
extension of the family assessment response must be operated within 31
the department's appropriations. 32
(d) Offer services to the family in a manner that makes it clear 33
that acceptance of the services is voluntary; 34
(e) Implement the family assessment response in a consistent and 35
cooperative manner; 36
(f) Have the parent or guardian agree to participate in services 37
before services are initiated. The department shall inform the 38
parents of their rights under family assessment response, all of 39
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their options, and the options the department has if the parents do 1
not agree to participate in services. 2
(((15))) (16)(a) In conducting an investigation or family 3
assessment of alleged abuse or neglect, the department or law 4
enforcement agency: 5
(i) May interview children. If the department determines that the 6
response to the allegation will be family assessment response, the 7
preferred practice is to request a parent's, guardian's, or 8
custodian's permission to interview the child before conducting the 9
child interview unless doing so would compromise the safety of the 10
child or the integrity of the assessment. The interviews may be 11
conducted on school premises, at day-care facilities, at the child's 12
home, or at other suitable locations outside of the presence of 13
parents. If the allegation is investigated, parental notification of 14
the interview must occur at the earliest possible point in the 15
investigation that will not jeopardize the safety or protection of 16
the child or the course of the investigation. Prior to commencing the 17
interview the department or law enforcement agency shall determine 18
whether the child wishes a third party to be present for the 19
interview and, if so, shall make reasonable efforts to accommodate 20
the child's wishes. Unless the child objects, the department or law 21
enforcement agency shall make reasonable efforts to include a third 22
party in any interview so long as the presence of the third party 23
will not jeopardize the course of the investigation; and24
(ii) Shall have access to all relevant records of the child in 25
the possession of mandated reporters and their employees.26
(b) The Washington state school directors' association shall 27
adopt a model policy addressing protocols when an interview, as 28
authorized by this subsection, is conducted on school premises. In 29
formulating its policy, the association shall consult with the 30
department and the Washington association of sheriffs and police 31
chiefs. 32
(((16))) (17) If a report of alleged abuse or neglect is founded 33
and constitutes the third founded report received by the department 34
within the last twelve months involving the same child or family, the 35
department shall promptly notify the office of the family and 36
children's ombuds of the contents of the report. The department shall 37
also notify the ombuds of the disposition of the report.38
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(((17))) (18) In investigating and responding to allegations of 1
child abuse and neglect, the department may conduct background checks 2
as authorized by state and federal law. 3
(((18))) (19)(a) The department shall maintain investigation 4
records and conduct timely and periodic reviews of all founded cases 5
of abuse and neglect. The department shall maintain a log of 6
screened-out nonabusive cases. 7
(b) In the family assessment response, the department shall not 8
make a finding as to whether child abuse or neglect occurred. No one 9
shall be named as a perpetrator and no investigative finding shall be 10
entered in the department's child abuse or neglect database.11
(((19))) (20) The department shall use a risk assessment process 12
when investigating alleged child abuse and neglect referrals. The 13
department shall present the risk factors at all hearings in which 14
the placement of a dependent child is an issue. Substance abuse must 15
be a risk factor. 16
(((20))) (21) Upon receipt of a report of alleged abuse or 17
neglect the law enforcement agency may arrange to interview the 18
person making the report and any collateral sources to determine if 19
any malice is involved in the reporting. 20
(((21))) (22) Upon receiving a report of alleged abuse or neglect 21
involving a child under the court's jurisdiction under chapter 13.34 22
RCW, the department shall promptly notify the child's guardian ad 23
litem of the report's contents. The department shall also notify the 24
guardian ad litem of the disposition of the report. For purposes of 25
this subsection, "guardian ad litem" has the meaning provided in RCW 26
13.34.030. 27
(((22))) (23) The department shall make efforts as soon as 28
practicable to determine the military status of parents whose 29
children are subject to abuse or neglect allegations. If the 30
department determines that a parent or guardian is in the military, 31
the department shall notify a department of defense family advocacy 32
program that there is an allegation of abuse and neglect that is 33
screened in and open for investigation that relates to that military 34
parent or guardian. 35
(((23))) (24) The department shall make available on its public 36
website a downloadable and printable poster that includes the 37
reporting requirements included in this section. The poster must be 38
no smaller than eight and one-half by eleven inches with all 39
information on one side. The poster must be made available in both 40
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the English and Spanish languages. Organizations that include 1
employees or volunteers subject to the reporting requirements of this 2
section must clearly display this poster in a common area. At a 3
minimum, this poster must include the following: 4
(a) Who is required to report child abuse and neglect;5
(b) The standard of knowledge to justify a report;6
(c) The definition of reportable crimes; 7
(d) Where to report suspected child abuse and neglect; and8
(e) What should be included in a report and the appropriate 9
timing. 10
NEW SECTION. Sec. 3. A new section is added to chapter 26.44 11
RCW to read as follows: 12
(1) Subject to availability of amounts appropriated for this 13
specific purpose, the governor shall facilitate the establishment of 14
a dedicated interagency team to develop and implement a chronic 15
neglect response team that is prepared to respond appropriately to 16
support families involved in chronic child neglect cases.17
(2) The interagency team consists of the following members: The 18
department; the department of social and health services; and the 19
health care authority. 20
(3) As part of the development and implementation of the chronic 21
neglect response team, the department shall develop and implement a 22
system for: 23
(a) Referring and identifying families and children that should 24
be served by the chronic neglect response team; and25
(b) Initiating use of the chronic neglect response team in a 26
timely manner. 27
(4) By November 1, 2026, and annually thereafter, and in 28
compliance with RCW 43.01.036, the department shall report to the 29
legislature data and recommendations related to the chronic neglect 30
response team created in this section. The report must include the 31
following: 32
(a) The number of families and children referred to the chronic 33
neglect response team; 34
(b) The demographic data of the people served by the chronic 35
neglect response team; 36
(c) The number of families who applied for and received public 37
assistance as a result of the chronic neglect response team's 38
assistance; 39
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(d) The number of families and children served by family resource 1
centers as a result of the chronic neglect response team's 2
assistance; 3
(e) Any of the other types of services identified as needed by 4
the families and children served by the chronic neglect response 5
team; and 6
(f) Any barriers identified to adequately address the needs of 7
the families and children referred to the chronic neglect response 8
team and recommendations to address those barriers.9
--- END ---
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