protective services section of the department.
    (14) "Adult dependent persons" shall be defined as those persons
over the age of eighteen years who have been found to be legally
incompetent or disabled pursuant to chapter 11.88 RCW.
    (15) "Sexual exploitation" includes:  (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b)
allowing, permitting, encouraging, or engaging in the obscene or
pornographic photographing, filming, or depicting of a child by any
person.
    (16) (({- "Negligent treatment or maltreatment" means an act or
omission which evidences a serious disregard of consequences of such
magnitude as to constitute a clear and present danger to the child's
health, welfare, and safety. -})) {+ "Neglect" means the failure of a
parent, guardian, or custodian of a child or adult dependent or
developmentally disabled person to exercise a minimum degree of care
in supplying adequate supervision, food, clothing, shelter, or medical
care that causes impairment or a substantial risk of impairment to the
child or adult dependent or developmentally disabled person's health
and welfare, if the parent, guardian, or custodian is financially able
or offered financial or other reasonable means to do so.  A parent
legitimately practicing religious beliefs who does not provide
specified medical treatment for a child because of religious beliefs
may not be considered a negligent parent for that reason. +}
    (17) "Developmentally disabled person" means a person who has a
disability defined in RCW 71A.10.020.
    (18) "Child protective services" means those services provided by
the department designed to protect children from child abuse and
neglect and safeguard the general welfare of such children and shall
include investigations of child abuse and neglect reports, including
reports regarding child care centers and family child care homes, and
the development, management, and provision of or referral to services
to ameliorate conditions which endanger the welfare of children, the
coordination of necessary programs and services relevant to the
prevention, intervention, and treatment of child abuse and neglect,
and services to children to ensure that each child has a permanent
home. In determining whether protective services should be provided,
the department shall not decline to provide such services solely
because of the child's unwillingness or developmental inability to
describe the nature and severity of the abuse or neglect.
    (19) "Malice" or "maliciously" means an evil intent, wish, or
design to vex, annoy, or injure another person.  Such malice may be
inferred from an act done in wilful disregard of the rights of
another, or an act wrongfully done without just cause or excuse, or an
act or omission of duty betraying a wilful disregard of social duty.
    (20) "Sexually aggressive youth" means a child who is defined in
RCW 74.13.075(1)(b) as being a "sexually aggressive youth."
    {+ (21) "Reasonable parental discipline" means discipline that is
not unlawful under RCW 9A.16.100.
    (22) "Probable cause" means facts and circumstances, based upon as
accurate and reliable information as possible, that would justify a
reasonable person to suspect that a child is abused or neglected. +}
    Sec. 4.  RCW 26.44.030 and 1995 c 311 s 17 are each amended to
read as follows:
    (1)(a) When any practitioner, county coroner or medical examiner,
law enforcement officer, professional school personnel, registered or
licensed nurse, social service counselor, psychologist, pharmacist,
licensed or certified child care providers or their employees,
employee of the department, or juvenile probation officer has (({-
reasonable -})) {+ probable +} cause to believe that a child or adult
dependent or developmentally disabled person, has suffered abuse or
neglect, he or she shall report such incident, or cause a report to be
made, to the proper law enforcement agency or to the department as
provided in RCW 26.44.040.
    (b) The reporting requirement shall also apply to any adult who
has (({- reasonable -})) {+ probable +} cause to believe that a child
or adult dependent or developmentally disabled person, who resides
with them, has suffered severe abuse, and is able or capable of making
a report.  For the purposes of this subsection, "severe abuse" means
any of the following:  Any single act of abuse that causes physical
trauma of sufficient severity that, if left untreated, could cause
death; any single act of sexual abuse that causes significant
bleeding, deep bruising, or significant external or internal swelling;
or more than one act of physical abuse, each of which causes bleeding,
deep bruising, significant external or internal swelling, bone
fracture, or unconsciousness.
    (c) The report shall be made at the first opportunity, but in no
case longer than forty-eight hours after there is (({- reasonable -}))
{+ probable +} cause to believe that the child or adult has suffered
abuse or neglect.  The report shall include the identity of the
accused if known.
    (2) The reporting requirement of subsection (1) of this section
does not apply to the discovery of abuse or neglect that occurred
during childhood if it is discovered after the child has become an
adult.  However, if there is (({- reasonable -})) {+ probable +} cause
to believe other children, dependent adults, or developmentally
disabled persons are or may be at risk of abuse or neglect by the
accused, the reporting requirement of subsection (1) of this section
shall apply.
    (3) Any other person who has (({- reasonable -})) {+ probable +}
cause to believe that a child or adult dependent or developmentally
disabled person has suffered abuse or neglect may report such incident
to the proper law enforcement agency or to the department of social
and health services as provided in RCW 26.44.040.
    (4) The department, upon receiving a report of an incident of {+
alleged +} abuse or neglect pursuant to this chapter, involving a
child or adult dependent or developmentally disabled person who has
died or has had physical injury or injuries inflicted upon him or her
other than by accidental means or who has been subjected to {+ alleged
+} sexual abuse, shall report such incident to the proper law
enforcement agency.  In emergency cases, where the child, adult
dependent, or developmentally disabled person's welfare is endangered,
the department shall notify the proper law enforcement agency within
twenty-four hours after a report is received by the department.  In
all other cases, the department shall notify the law enforcement
agency within seventy-two hours after a report is received by the
department.  If the department makes an oral report, a written report
shall also be made to the proper law enforcement agency within five
days thereafter.
    (5) Any law enforcement agency receiving a report of an incident
of {+ alleged +} abuse or neglect pursuant to this chapter, involving
a child or adult dependent or developmentally disabled person who has
died or has had physical injury or injuries inflicted upon him or her
other than by accidental means, or who has been subjected to {+
alleged +} sexual abuse, shall report such incident in writing as
provided in RCW 26.44.040 to the proper county prosecutor or city
--- FMail/386 1.0g
(1:2629/124)
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