WASHINGTON

This document may be freely copied, printed, or distributed for personal, nonprofit, governmental, or educational use, if the copy displays this permission statement with the copyright: © Pinion Feather Press, LLC, 2020, 2023.

WHO:        ANY person MAY report if s/he has reasonable cause to believe that a child has suffered abuse or neglect.  [Rev. Code Ann. § 26.44.030(g)(3)]

These are mandatory (MUST report): • Practitioners, county coroners, medical examiners • Law enforcement officers • Professional school personnel • Registered or licensed nurses, social service counselors, psychologists, pharmacists • Employees of the Department of Children, Youth, and Families • Licensed or certified child care providers or their employees • Employees of the Department of Social and Health Services • Juvenile probation officers • Placement and liaison specialists, responsible living skills program staff, or HOPE center staff • State family and children’s ombudsman or any volunteer in the ombudsman’s office • Host home programs • Persons who supervise employees or volunteers who train, educate, coach, or counsel children or have regular unsupervised access to children • Department of Corrections personnel • Any adult with whom a child resides and who is able & capable of making a report • Guardians ad litem and court-appointed special advocates • The reporting requirement also applies to administrative and academic or athletic department employees, including STUDENT employees, of public & private institutions of higher education.  [Rev. Code § 26.44.030(1)]

·       STANDARD:  [Rev. Code Ann. §§ 26.44.020(2); 26.44.030(1).(2)] 

o   Child means under age 18. 

o   Reasonable cause means that a person witnesses or receives a credible written or oral report alleging abuse (that may include sexual contact) or neglect of a child.

(1)   For mandated reporters generally: (i) reasonable cause to believe that a child suffered abuse or neglect; but (ii) the mandate does NOT apply to childhood incidents discovered in adulthood UNLESS there is reasonable cause to believe that other children are or may be at risk of abuse or neglect by the accused.

(a)   Also, persons in an official supervisory capacity with a nonprofit or for-profit organization: reasonable cause to believe that a child suffered abuse or neglect from a person whom: (i) s/he regularly supervises; (ii) is an employee, contractor, or volunteer there; and (iii) coaches, trains, educates, or counsels a child or children there; and (iv) has unsupervised access to the child(ren).

(b)   Also, Department of Corrections personnel: who, as a result of observing either offenders or children with whom the offenders are in contact, have reasonable cause to believe that a child has suffered abuse or neglect.

(c)   Also, any Adult Residing with a Child: reasonable cause to believe that a child who resides with him or her has suffered severe abuse.

(2)   For any reporter: reasonable cause to believe a child suffered abuse or neglect.

·       PRIVILEGE:  Info solely from a privileged communication is exempt, including: spouse / domestic partner; attorney-client; clergy-confession; physician / surgeon / osteopath / podiatrist-patient; public officer-confidant; peer support group counselor (unless s/he was an initial first responder, jail staff, witness, or party); sexual assault / domestic violence advocate-victim; licensed mental health counselor /  independent clinical social worker / marriage & family therapist-client; or alcohol / drug addiction recovery fellowship sponsor-sponsee.  [Rev. Code Ann. §§ 26.44.030(1)(b); 26.44.060; 5.6.060]

WHEN:      If mandated: 1^st OPPORTUNITY, < 48 hrs. [Rev. Code Ann. § 26.44.030(1)(g)] 

WHERE & HOW:  To the law enforcement agency where the child lives OR the Department of Social and Health Services (DSHS). The first report is oral (by phone or otherwise). On request, a second report must follow in writing.  [Rev. Code Ann. § 26.44.030] 

The DSHS Children’s Administration’s Child Protective Services receives and processes reports.  [Rev. Code Ann. § 26.44.040; CPS Pol. Man. § 2200]

A mandated reporter who has a supervisory role in a for-profit or non-profit organization should report – or cause a report to be made – to the appropriate law enforcement agency if the subject is: (a) an employee, contractor or volunteer there (b) whom s/he regularly supervises; and (c) has unsupervised access to the child(ren) as part of this. But solely privileged communications are exempt.  [Rev. Code Ann. § 26.44.030(b)]

CONTACT INFORMATION: several options

·       For a child in emergency situations:       Dial 911 first; then contact DSHS to report

·       DSHS 24/7 Hotline:                                  1-866-363-4276  (= 1-866-END-HARM)

                                                                                  1-800-624-6186 to place a direct TTY call                                                                    

·       DSHS daytime phone for reports by region (for the county where the child lives): see directory at https://www.dcyf.wa.gov/safety/report-abuse

·       DSHS nights & weekends:                    1-800-562-5624 

·       DSHS local offices (needed for follow-on written reports): see directory at https://fortress.wa.gov/dshs/ca/CAOfficesPub/offices/general/officepick.asp

·       Law Enforcement Agency:        See directories:    https://www.usacops.com/wa/  or

o   https://en.wikipedia.org/wiki/List_of_law_enforcement_agencies_in_Washington

o   Report to city police or the county sheriff where the child lives.

·       Mandatory Reporter’s Guide (2012): see posting at: https://www.gcdsd.org/site/handlers/filedownload.ashx?moduleinstanceid=605&dataid=272&FileName=Child%20Abuse%20Neglect%20Guidelines.pdf

OTHER ASPECTS

·       REPORT DETAILS: MUST contain, if known: (a) the child’s name, address, and age; (b) the names and address of parents, stepparents, guardians, or others having custody; (c) the nature and extent of alleged injuries, neglect, or sexual abuse; (d) any evidence of previous injuries, including nature and extent; (e) the perpetrator(s) identity, if known; and (f) any other info that may help establish the cause of death or injury/ies, and the alleged perpetrator(s)’s identity/ies.  [Rev. Code Ann. § 26.44.040]

·       REPORTER PROTECTION: (1) The department tries to learn the reporter’s name, address and phone number.  [Rev. Code Ann. § 26.44.030(11)]  (2) The department must assure appropriate confidentiality of reporter identities.  [Rev. Code § 26.44.030(11)]  (3) Any person reporting in good faith is immune from liability; there is no immunity for knowingly false reports.  [Rev. Code Ann. § 26.44.060(1)-(2), (5)]

WHY:        (1) Knowing failure to make a mandated report or cause it to be made is a gross misdemeanor punishable by < $5,000 fine (if the offender is an adult) and/or < 364 days imprisonment. [Rev. Code Ann. §§ 26.44.080; 9A.20.021(2)]  (2) An intentionally and in bad faith, knowingly false report is a misdemeanor punishable by < $1,000 fine (if the offender is an adult) and/or < 90 days imprisonment.  [Rev. Code Ann. §§ 26.44.060(4); 9A.20.021(3)]

WHAT:      Washington state requires reporting of sexual abuse / exploitation, physical injury; & negligent treatment or maltreatment. [Rev. Code Ann. §§ 26.44.020(1); 9A.16.100]      

Initial Screening Criteria (DCYF): as to the allegation: (a) victim under age 18; AND (b) it minimally meets the statutory definition of child abuse or neglect, OR indicates that a child’s circumstances place him/her at risk of serious harm; AND (c) the subject has the role of a parent, person acting in loco parentis, or unknown OR is providing care in a state-licensed facility or other state-regulated care. [Wash. State Dept. Children Youth & Families, Practices & Procedures, 2200 (1)(c)(i), (1)(c)(ii)(E) (7/1/2019)]       

·        Anonymous reports are screened out except for (a) high risk or licensed / regulated care; (b) a crime against a child; or (c) confirmed abuse or neglect by a household member in the prior 3 years.  [2200 (1)(c)(ii)(E); Rev. Code §§ 26.44.030(11)]

·        Non-caregiver cases are shifted to law enforcement.  [(1)(c)(iii)(C)]

Reportable: (a) Anyone for sexual abuse, sexual exploitation, or physical injury; (b) a person responsible for the child or providing care for negligence or maltreatment.  [Rev. Code Ann. §§ 26.44.020(1)]  NOTE: Abusers who do not fall within this description may be committing a different crime and are reportable to law enforcement for that reason.

·        Person responsible is not defined but includes at least: (a) the parent, legal guardian, other caretaker, or foster parent; or (b) other person having custody or control of the child; or (c) a professional or volunteer in health, education, welfare, or recreation.  [Rev. Code Ann. §§ 26.44.010(1); 26.44.020(6),(12); 9A.44.010(8); 9.68A.040(c)]

Child Abuse or Neglect means that: (a) anyone sexually abuses, sexually exploits, or injures a child in a way that HARMS his/her health, welfare, or safety (this does not include reasonable, moderate, authorized physical discipline); or (b) a person responsible for a child or providing care NEGLIGENTLY treats or MALTREATS him/her.  The term “abused” is generic and includes neglect.  [Rev. Code Ann. §§ 26.44.020(1); 9A.16.100] 

Sexual Abuse of a child means any act against a child who is under age 18 at the time, that violates the laws on sexual abuse (§ 9A.44) or sexual exploitation (§ 9.68A.040).  [Rev. Code Ann. § 4.16.340]  These include voyeurism, fondling/molestation, incest, sexual contact, sexual penetration, sexual misconduct, rape, and attempted rape.

(A)     Context: age of consent is 16 (but not for incest). It is a defense (for outsiders) if children hold themselves out to be older. [Rev. Code Ann. §§ 26.44.020; 9A.64.030]

(1)     AGE OF CONSENT to non-spouses: (a) 18 to a foster parent or age 16-17 minor they advocate; (b) 18 to a > 60 months older supervisor in health, welfare, or recreation, or age 16-17 minor they advocate; and (c) age 21 to a > 60 months older school employee. [Rev. Code Ann. § 9A.44.093; 9A.44.096; 9A.44.010(8)]

(2)     ROMEO & JULIET EXCEPTIONS include: (a) child under age 12 and partner less than 24 months older; (b) child age 12 or 13 and partner less than 36 months older; and (c) child age 14 or 15 and partner less than 48 months older. The rules exempt a child spouse.  [Rev. Code Ann. § 9A.44.073; 9A.44.076; 9A.44.079]

(B)     Context: incest means sexual intercourse or sexual contact knowing that the other person is either legitimately or illegitimately one’s ancestor, descendant, or brother or sister of whole or half blood. Descendants include stepchildren and adoptive children under age 18.  [Rev. Code Ann. § 9A.64.020]

(C)     Severe sexual abuse is any single act that causes SIGNIFICANT bleeding, deep bruising, or significant external or internal swelling  [Rev. Code Ann. §§ 26.44.030(d)]

Sexual Exploitation of a child includes:  [Rev. Code Ann. §§ 26.44.020(25); 9.68A.040]

(A)    When anyone allows, permits, or encourages a child to engage in prostitution; or

(B)    When anyone allows, permits, encourages, or engages in obscene or pornographic photographing, filming, or depicting of a child; or 

(C)    When anyone threatens, forces, aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct for photos or a live performance; or

(D)    When a parent, legal guardian, or person with custody or control of a minor, knows of the photo or performance purpose, and permits the sexually explicit conduct. 

Physical Injury 

(A)     Severe physical abuse includes: (a) any single act causing physical trauma that could cause DEATH if left untreated; and (b) more than one act of physical abuse, EACH causing bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.   [Rev. Code Ann. §§ 26.44.030(d)]

(B)     Use of force on a child is lawful IF it is: (a) reasonable; (b) moderate; (c) if not performed by his/her parent, teacher or guardian, then authorized in advance by the parent or guardian; (d) to restrain or correct the child.  [Rev. Code Ann. § 9A.16.100]

(1)     FACTORS: the child’s age, size, condition, and the injury’s location are considered in determining whether the bodily harm is reasonable or moderate.

(2)     UNREASONABLE ACTS include: (a) throwing, kicking, burning, or cutting; (2) closed-fist striking; (c) shaking a child under age 3; (d) interfering with breathing; (e) threatening with a deadly weapon; and (f) any other act that is likely to or does cause bodily harm greater than transient pain or minor temporary marks.

(3)     THE STATE DOES NOT: (a) prohibit reasonable corporal punishment; (b) authorize interference with it; or (c) automatically interpret a parent’s or child’s physical disability as proof of abuse.    [Rev. Code Ann. §§ 26.44.015]

Negligent Treatment or Maltreatment means (1) an act, failure to act, or cumulative pattern, (2) showing such a serious disregard for consequences, as to constitute (3) a clear and present danger to a child's health, welfare, or safety, including, but not limited to endangerment with a controlled substance.  [Rev. Code Ann. §§ 26.44.020(18)]

(A)     Factors in clear and present danger include: (1) a parent’s SUBSTANCE abuse; and (2) knowingly or intentionally permitting a child to be EXPOSED to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, or their salts, isomers, and salts of isomers, in drug manufacture.  [Rev. Code Ann. §§ 26.44.020(18); 9A.42.100]

(B)     It is NOT negligence or maltreatment to have: (a) DISABILITY (e.g., blindness, deafness, developmental disability, etc.); (b) BEDROOM-sharing between siblings; (c) POVERTY or homelessness; (d) EXPOSURE to domestic violence against someone besides the child; or (e) CHRISTIAN SCIENCE (vs. medical) treatment from an accredited practitioner.  [Rev. Code Ann. §§ 26.44.015(3); 26.44.020(18),(20)]