attorney for appropriate action whenever the law enforcement agency's
investigation reveals that a crime may have been committed.  The law
enforcement agency shall also notify the department of all reports
received and the law enforcement agency's disposition of them.  In
emergency cases, where the child, adult dependent, or developmentally
disabled (({-
 person's welfare is endangered -})) {+ person is in imminent danger
+}, the law enforcement agency shall notify the department within
twenty-four hours.  In all other cases, the law enforcement agency
shall notify the department within seventy-two hours after a report is
received by the law enforcement agency.
    (6) Any county prosecutor or city attorney receiving a report
under subsection (5) of this section shall notify the victim, any
persons the victim requests, and the local office of the department,
of the decision to charge or decline to charge a crime, within five
days of making the decision.
    (7) The department may conduct ongoing case planning and
consultation with those persons or agencies required to report under
this section, with consultants designated by the department, and with
designated representatives of Washington Indian tribes if the client
information exchanged is pertinent to cases currently receiving child
protective services or department case services for the
developmentally disabled.  Upon request, the department shall conduct
such planning and consultation with those persons required to report
under this section if the department determines it is in the best
interests of the child or developmentally disabled person.
Information considered privileged by statute and not directly related
to reports required by this section shall not be divulged without a
valid written waiver of the privilege.
    (8) Any case referred to the department by a physician licensed
under chapter 18.57 or 18.71 RCW on the basis of an expert medical
opinion that child abuse, neglect, or sexual assault has occurred and
that the child's safety will be seriously endangered if returned home,
the department shall file a dependency petition unless a second
licensed physician of the parents' choice believes that such expert
medical opinion is incorrect.  If the parents fail to designate a
second physician, the department may make the selection.  If a
physician finds that a child has suffered abuse or neglect but that
such abuse or neglect does not constitute imminent danger to the
child's health or safety, and the department agrees with the
physician's assessment, the child may be left in the parents' home
while the department proceeds with reasonable efforts to remedy
parenting deficiencies.
    (9) Persons or agencies exchanging information under subsection
(7) of this section shall not further disseminate or release the
information except as authorized by state or federal statute.
Violation of this subsection is a misdemeanor.
    (10) Upon receiving reports of {+ alleged +} abuse or neglect, the
department or law enforcement agency may interview children.  The
interviews may be conducted on school premises, at day-care
facilities, at the child's home, or at other suitable locations
outside of the presence of parents.  Parental notification of the
interview shall occur at the earliest possible point in the
investigation that will not jeopardize the safety or protection of the
child or the course of the investigation.  Prior to commencing the
interview the department or law enforcement agency shall determine
whether the child wishes a third party to be present for the interview
and, if so, shall make reasonable efforts to accommodate the child's
wishes.  Unless the child objects, the department or law enforcement
agency shall make reasonable efforts to include a third party in any
interview so long as the presence of the third party will not
jeopardize the course of the investigation.
    (11) Upon receiving a report of {+ alleged +} child abuse and
neglect, the department or investigating law enforcement agency shall
have access to all relevant records of the child in the possession of
mandated reporters and their employees.
    (12) The department shall maintain investigation records and
conduct timely and periodic reviews of all cases constituting abuse
and neglect.  The department shall maintain a log of screened-out
nonabusive cases.
    (13) The department shall use a risk assessment process when
investigating {+ alleged +} child abuse and neglect referrals.  The
department shall present the risk factors at all hearings in which the
placement of a dependent child is an issue.  The department shall,
within funds appropriated for this purpose, offer enhanced community-
based services to persons who are determined not to require further
state intervention.
    The department shall provide annual reports to the legislature on
the effectiveness of the risk assessment process.
    (14) Upon receipt of a report of {+ alleged +} abuse or neglect
the law enforcement agency may arrange to interview the person making
the report and any collateral sources to determine if any malice is
involved in the reporting.
    Sec. 5.  RCW 26.44.035 and 1985 c 259 s 3 are each amended to read
as follows:
    If the department or a law enforcement agency responds to a
complaint of {+ alleged +} child abuse or neglect and discovers that
another agency has also responded to the complaint, the agency shall
notify the other agency of their presence, and the agencies shall
coordinate the investigation and keep each other apprised of progress.
    The department, each law enforcement agency, each county
prosecuting attorney, each city attorney, and each court shall make as
soon as practicable a written record and shall maintain records of all
incidents of suspected child abuse reported to that person or agency.
Records kept under this section shall be identifiable by means of an
agency code for child abuse.
    Sec. 6.  RCW 26.44.040 and 1993 c 412 s 14 are each amended to
read as follows:
    An immediate oral report shall be made by telephone or otherwise
to the proper law enforcement agency or the department of social and
health services and, upon request, shall be followed by a report in
writing.  Such reports shall contain the following information, if
known:
    (1) The name, address, and age of the child or adult dependent or
developmentally disabled person;
    (2) The name and address of the child's parents, stepparents,
guardians, or other persons having custody of the child or the
residence of the adult dependent or developmentally disabled person;
    (3) The nature and extent of the {+ alleged +} injury or injuries;
    (4) The nature and extent of the {+ alleged +} neglect;
    (5) The nature and extent of the {+ alleged +} sexual abuse;
    (6) Any evidence of previous injuries, including their nature and
extent; and
    (7) Any other information which may be helpful in establishing the
cause of the child's or adult dependent or developmentally disabled
person's death, injury, or injuries and the identity of the alleged
perpetrator or perpetrators.
    Sec. 7.  RCW 26.44.050 and 1987 c 450 s 7 and 1987 c 206 s 5 are
each reenacted and amended to read as follows:
    Upon the receipt of a report concerning the possible occurrence of
--- FMail/386 1.0g
(1:2629/124)
---------------