H-3689.1   _______________________________________________
                           HOUSE BILL 2399
           _______________________________________________
State of Washington       54th Legislature       1996 Regular Session
By Representatives Backlund, Cooke, Stevens, McMahan, Sterk, L. Thomas
and Thompson
Read first time 01/10/96.  Referred to Committee on Children & Family
Services.
    AN ACT Relating to abuse of children and adult dependent and
developmentally disabled persons; amending RCW 26.44.010, 26.44.015,
26.44.030, 26.44.035, 26.44.040, 26.44.056, and 26.44.060; and
reenacting and amending RCW 26.44.020 and 26.44.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
    Sec. 1.  RCW 26.44.010 and 1987 c 206 s 1 are each amended to read
as follows:
    The Washington state legislature finds and declares:  The bond
between a child and his or her parent, custodian, or guardian is of
paramount importance, and any intervention into the life of a child is
also an intervention into the life of the parent, custodian, or
guardian; however, instances of nonaccidental injury, neglect, death,
sexual abuse and cruelty to children by their parents, custodians or
guardians have occurred, and in the instance where a child is deprived
of his or her right to conditions of minimal nurture, health, and
safety, the state is justified in emergency intervention based upon
verified information; and therefore the Washington state legislature
hereby provides for the reporting of such {+ alleged +} cases to the
appropriate public authorities.  It is the intent of the legislature
that, as a result of such reports, protective services shall be made
available in an effort to prevent further abuses, and to safeguard the
general welfare of such children:  PROVIDED, That such reports shall
be maintained and disseminated with strictest regard for the privacy
of the subjects of such reports and so as to safeguard against
arbitrary, malicious or erroneous information or actions:  PROVIDED
FURTHER, That this chapter shall not be construed to authorize
interference with child-raising practices, including reasonable
parental discipline, which are not proved to be injurious to the
child's health, welfare and safety.
    Adult dependent or developmentally disabled persons not able to
provide for their own protection through the criminal justice system
shall also be afforded the protection offered children through the
reporting and investigation requirements mandated in this chapter.
    Sec. 2.  RCW 26.44.015 and 1993 c 412 s 11 are each amended to
read as follows:
    (1) This chapter shall not be construed to authorize interference
with child-raising practices, including reasonable parental
discipline, which are not injurious to the child's health, welfare,
and safety.
    (2) Nothing in this chapter may be used to prohibit the reasonable
use of corporal punishment as a means of discipline.
    (3) No parent or guardian may be deemed abusive or neglectful
solely by reason of the parent's or child's blindness, deafness,
developmental disability, or other handicap.
    (4) A person reporting {+ alleged +} injury, abuse, or neglect to
an adult dependent person shall not suffer negative consequences if
the person reporting believes in good faith that the adult dependent
person has been found legally incompetent or disabled.
    Sec. 3.  RCW 26.44.020 and 1993 c 412 s 12 and 1993 c 402 s 1 are
each reenacted and amended to read as follows:
    For the purpose of and as used in this chapter:
    (1) "Court" means the superior court of the state of Washington,
juvenile department.
    (2) "Law enforcement agency" means the police department, the
prosecuting attorney, the state patrol, the director of public safety,
or the office of the sheriff.
    (3) "Practitioner of the healing arts" or "practitioner" means a
person licensed by this state to practice podiatric medicine and
surgery, optometry, chiropractic, nursing, dentistry, osteopathy and
surgery, or medicine and surgery or to provide other health services.
The term "practitioner" shall include a duly accredited Christian
Science practitioner:  PROVIDED, HOWEVER, That a person who is being
furnished Christian Science treatment by a duly accredited Christian
Science practitioner shall not be considered, for that reason alone, a
neglected person for the purposes of this chapter.
    (4) "Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
    (5) "Department" means the state department of social and health
services.
    (6) "Child" or "children" means any person under the age of
eighteen years of age.
    (7) "Professional school personnel" shall include, but not be
limited to, teachers, counselors, administrators, child care facility
personnel, and school nurses.
    (8) "Social service counselor" shall mean anyone engaged in a
professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support or education of
children, or providing social services to adults or families,
including mental health, drug and alcohol treatment, and domestic
violence programs, whether in an individual capacity, or as an
employee or agent of any public or private organization or
institution.
    (9) "Psychologist" shall mean any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an individual
capacity or as an employee or agent of any public or private
organization or institution.
    (10) "Pharmacist" shall mean any registered pharmacist under the
provisions of chapter 18.64 RCW, whether acting in an individual
capacity or as an employee or agent of any public or private
organization or institution.
    (11) "Clergy" shall mean any regularly licensed or ordained
minister, priest or rabbi of any church or religious denomination,
whether acting in an individual capacity or as an employee or agent of
any public or private organization or institution.
    (12) (({- "Abuse or neglect" shall mean the injury, sexual abuse,
sexual exploitation, negligent treatment, or maltreatment of a child,
adult dependent, or developmentally disabled person by any person
under circumstances which indicate that the child's or adult's health,
welfare, and safety is harmed.  An abused child is a child who has
been subjected to child abuse or neglect as defined herein. -})) {+
"Abuse" means:  (a) By other than accidental means, inflicting or
allowing the infliction of physical injury that causes or creates a
substantial risk of death, serious or protracted disfigurement,
protracted impairment of physical health, or protracted loss or
impairment of the function of any bodily organ to a child or adult
dependent or developmentally disabled person; or (b) committing or
allowing to be committed against a child or adult dependent or
developmentally disabled person:  (i) A sex offense, as defined in
chapter 9A.44 RCW; or (b) sexual exploitation, as defined in this
chapter.  The amount of time a disfigurement must last to be deemed
"protracted" depends on the nature of the injury, its location, its
severity, and the age of the child. +}
    (13) "Child protective services section" shall mean the child
--- FMail/386 1.0g
(1:2629/124)
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