reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.067 - Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.

RCW 26.44.067
Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.
(1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction pursuant to RCW 26.44.063 who refuses to comply with the provisions of such order shall be guilty of a misdemeanor.
(2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified by a notary public or the clerk of the court to be an accurate copy of the original court order which is on file. The copy may be supplied by the court or any party.
(3) The remedies provided in this section shall not apply unless restraining orders subject to this section bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT TO CONTEMPT PROCEEDINGS.
(4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule. No right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer employs otherwise lawful means to effect the arrest.
[ 2000 c 119 § 13; 1993 c 412 § 16; 1989 c 373 § 23; 1985 c 35 § 2.]
NOTES:
Application—2000 c 119: See note following RCW 10.31.100.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.075 - Inclusion of number of child abuse reports and cases in prosecuting attorney's annual report.

RCW 26.44.075
Inclusion of number of child abuse reports and cases in prosecuting attorney's annual report.
Commencing in 1986, the prosecuting attorney shall include in the annual report a section stating the number of child abuse reports received by the office under this chapter and the number of cases where charges were filed.
[ 1985 c 259 § 4.]
NOTES:
Legislative findings—1985 c 259: See note following RCW 26.44.030.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.080 - Violation—Penalty.

RCW 26.44.080
Violation—Penalty.
Every person who is required to make, or to cause to be made, a report pursuant to RCW 26.44.030 and 26.44.040, and who knowingly fails to make, or fails to cause to be made, such report, shall be guilty of a gross misdemeanor.
[ 1982 c 129 § 10; 1971 ex.s. c 167 § 3.]
NOTES:
Severability—1982 c 129: See note following RCW 9A.04.080.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.105 - Information about rights—Oral and written information—Copies of dependency petition and any court order.

RCW 26.44.105
Information about rights—Oral and written information—Copies of dependency petition and any court order.
Whenever a dependency petition is filed by the department, it shall advise the parents, and any child over the age of twelve who is subject to the dependency action, of their respective rights under RCW 13.34.090. The parents and the child shall be provided a copy of the dependency petition and a copy of any court orders which have been issued. This advice of rights under RCW 13.34.090 shall be in writing. The department caseworker shall also make reasonable efforts to advise the parent and child of these same rights orally.
[ 2017 3rd sp.s. c 6 § 326; 1985 c 183 § 2.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.110 - Information about rights—Custody without court order—Written statement required—Contents.

RCW 26.44.110
Information about rights—Custody without court order—Written statement required—Contents.
If a child has been taken into custody by law enforcement pursuant to RCW 26.44.050, the law enforcement agency shall leave a written statement with a parent or in the residence of the parent if no parent is present. The statement shall give the reasons for the removal of the child from the home and the telephone number of the child protective services office in the parent's jurisdiction.
[ 1985 c 183 § 3.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.115 - Child taken into custody under court order—Information to parents.

RCW 26.44.115
Child taken into custody under court order—Information to parents.
If a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.062, the child protective services worker shall take reasonable steps to advise the parents immediately, regardless of the time of day, that the child has been taken into custody, the reasons why the child was taken into custody, and general information about the child's placement. The department shall comply with RCW 13.34.060 when providing notice under this section.
[ 2000 c 122 § 39; 1990 c 246 § 10; 1985 c 183 § 4.]
NOTES:
Severability—1990 c 246: See note following RCW 13.34.060.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.120 - Information about rights—Notice to noncustodial parent.

RCW 26.44.120
Information about rights—Notice to noncustodial parent.
Whenever the child protective services worker is required to notify parents and children of their basic rights and other specific information as set forth in RCW 26.44.105 through 26.44.115, the child protective services worker shall also make a reasonable effort to notify the noncustodial parent of the same information in a timely manner.
[ 1985 c 183 § 5.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.130 - Arrest without warrant.

RCW 26.44.130
Arrest without warrant.
When a peace officer responds to a call alleging that a child has been subjected to sexual or physical abuse or criminal mistreatment and has probable cause to believe that a crime has been committed or responds to a call alleging that a temporary restraining order or preliminary injunction has been violated, the peace officer has the authority to arrest the person without a warrant pursuant to RCW 10.31.100.
[ 2002 c 219 § 11; 1988 c 190 § 4.]
NOTES:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.140 - Treatment for abusive person removed from home.

RCW 26.44.140
Treatment for abusive person removed from home.
The court shall require that an individual who, while acting in a parental role, has physically or sexually abused a child and has been removed from the home pursuant to a court order issued in a proceeding under chapter 13.34 RCW, prior to being permitted to reside in the home where the child resides, complete the treatment and education requirements necessary to protect the child from future abuse. The court may require the individual to continue treatment as a condition for remaining in the home where the child resides. Unless a parent, custodian, or guardian has been convicted of the crime for the acts of abuse determined in a fact-finding hearing under chapter 13.34 RCW, such person shall not be required to admit guilt in order to begin to fulfill any necessary treatment and education requirements under this section.
The department or supervising agency shall be responsible for advising the court as to appropriate treatment and education requirements, providing referrals to the individual, monitoring and assessing the individual's progress, informing the court of such progress, and providing recommendations to the court.
The person removed from the home shall pay for these services unless the person is otherwise eligible to receive financial assistance in paying for such services. Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services.
[ 2017 3rd sp.s. c 6 § 327; 1997 c 344 § 1; 1991 c 301 § 15; 1990 c 3 § 1301.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—1991 c 301: See note following RCW 10.99.020.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.150 - Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order.

RCW 26.44.150
Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order.
(1) If a person who has unsupervised visitation rights with a minor child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported to the proper authorities for investigation, the law enforcement officer conducting the investigation may file an affidavit with the prosecuting attorney stating that the person is currently under investigation for sexual or physical abuse of a child and that there is a risk of harm to the child if a temporary restraining order is not entered. Upon receipt of the affidavit, the prosecuting attorney shall determine whether there is a risk of harm to the child if a temporary restraining order is not entered. If the prosecutor determines there is a risk of harm, the prosecutor shall immediately file a motion for an order to show cause seeking to restrict visitation with the child, and seek a temporary restraining order. The restraining order shall be issued for up to ninety days or until the investigation has been concluded in favor of the alleged abuser, whichever is shorter.
(2) Willful violation of a court order entered under this section is a misdemeanor. The court order shall state: "Violation of this order is a criminal offense under chapter 26.44 RCW and will subject the violator to arrest."
[ 1993 c 412 § 18.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.160 - Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment.

RCW 26.44.160
Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment.
(1) If a law enforcement agency receives a complaint that alleges that a child under age twelve has committed a sex offense as defined in RCW 9.94A.030, the agency shall investigate the complaint. If the investigation reveals that probable cause exists to believe that the youth may have committed a sex offense and the child is at least eight years of age, the agency shall refer the case to the proper county prosecuting attorney for appropriate action to determine whether the child may be prosecuted or is a sexually aggressive youth. If the child is less than eight years old, the law enforcement agency shall refer the case to the department.
(2) If the prosecutor or a judge determines the child cannot be prosecuted for the alleged sex offense because the child is incapable of committing a crime as provided in RCW 9A.04.050 and the prosecutor believes that probable cause exists to believe that the child engaged in acts that would constitute a sex offense, the prosecutor shall refer the child as a sexually aggressive youth to the department. The prosecutor shall provide the department with an affidavit stating that the prosecutor has determined that probable cause exists to believe that the juvenile has committed acts that could be prosecuted as a sex offense but the case is not being prosecuted because the juvenile is incapable of committing a crime as provided in RCW 9A.04.050.
(3) The department shall investigate any referrals that allege that a child is a sexually aggressive youth. The purpose of the investigation shall be to determine whether the child is abused or neglected, as defined in this chapter, and whether the child or the child's parents are in need of services or treatment. The department may offer appropriate available services and treatment to a sexually aggressive youth and his or her parents or legal guardians as provided in RCW 74.13.075 and may refer the child and his or her parents to appropriate treatment and services available within the community. If the parents refuse to accept or fail to obtain appropriate treatment or services under circumstances that indicate that the refusal or failure is child abuse or neglect, as defined in this chapter, the department may pursue a dependency action as provided in chapter 13.34 RCW.
(4) Nothing in this section shall affect the responsibility of a law enforcement agency to report incidents of abuse or neglect as required in RCW 26.44.030(5).
[ 1993 c 402 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.170 - Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor—Evaluation.

RCW 26.44.170
Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor—Evaluation.
(1) When, as a result of a report of alleged child abuse or neglect, an investigation is made that includes an in-person contact with the person who is alleged to have committed the abuse or neglect, there shall be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor to the alleged abuse or neglect.
(2) The department shall provide appropriate training for persons who conduct the investigations under subsection (1) of this section. The training shall include methods of identifying indicators of abuse of alcohol or controlled substances.
(3) If a determination is made under subsection (1) of this section that there is probable cause to believe abuse of alcohol or controlled substances has contributed to the child abuse or neglect, the department shall, within available funds, cause a comprehensive chemical dependency evaluation to be made of the person or persons so identified. The evaluation shall be conducted by a physician or persons certified under rules adopted by the department to make such evaluation. The department shall perform the duties assigned under this section within existing personnel resources.
[ 1997 c 386 § 48.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.180 - Multidisciplinary child protection teams—Investigation of child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, child fatality, child physical abuse, and criminal child neglect cases—Protocols.

RCW 26.44.180
Multidisciplinary child protection teams—Investigation of child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, child fatality, child physical abuse, and criminal child neglect cases—Protocols.
(1) Each agency involved in investigating child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, as well as investigations of child fatality, child physical abuse, and criminal child neglect cases, shall document its role in handling cases and how it will coordinate with other local agencies or systems and shall adopt a local protocol based on the state guidelines. The department and local law enforcement agencies may include other agencies and systems that are involved with child sexual abuse victims in the multidisciplinary coordination.
(2)(a) Each county shall develop a written protocol for handling investigations of criminal child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, and child fatality, child physical abuse, and criminal child neglect cases. The protocol shall address the coordination of such criminal investigations among multidisciplinary child protection team members, identified as representatives from the prosecutor's office, law enforcement, children's protective services, children's advocacy centers where available, local advocacy groups, community sexual assault programs as defined in RCW 70.125.030, licensed physical and mental health practitioners that are involved with child sexual abuse victims, and any other local agency involved in such criminal investigations, including those investigations involving multiple victims and multiple offenders. The protocol shall be developed by the prosecuting attorney with the assistance of the agencies referenced in this subsection.
(b) County protocol for handling investigations of online sexual exploitation and commercial sexual exploitation of minors must be implemented by July 1, 2021.
(3) Local protocols under this section shall be adopted and in place by July 1, 2000, and shall be submitted to the legislature prior to that date. Beginning on July 28, 2019, local protocols under subsection (1) of this section must be reviewed every two years to determine whether modifications are needed.
[ 2019 c 82 § 2; 2010 c 176 § 2; 1999 c 389 § 4.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.185 - Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases.

RCW 26.44.185
Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases.
(1) Each county shall revise and expand its existing child sexual abuse investigation protocol to address investigations of child fatality, child physical abuse, and criminal child neglect cases and to incorporate the statewide guidelines for first responders to child fatalities developed by the criminal justice training commission. The protocols shall address the coordination of child fatality, child physical abuse, and criminal child neglect investigations between the county and city prosecutor's offices, law enforcement, children's protective services, children's advocacy centers, where available, local advocacy groups, emergency medical services, and any other local agency involved in the investigation of such cases. The protocol shall include the handling of child forensic interview audio and video recordings in accordance with RCW 26.44.186. The protocol revision and expansion shall be developed by the prosecuting attorney in collaboration with the agencies referenced in this section.
(2) Revised and expanded protocols under this section shall be adopted and in place by July 1, 2008. Thereafter, the protocols shall be reviewed every two years to determine whether modifications are needed.
[ 2018 c 171 § 5; 2010 c 176 § 3; 2007 c 410 § 3.]
NOTES:
Effective date—2018 c 171: See note following RCW 26.44.188.
Short title—2007 c 410: See note following RCW 13.34.138.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.186 - Child forensic interview recordings disclosed in a criminal or civil proceeding subject to protective order—Civil penalties and sanctions.

RCW 26.44.186
Child forensic interview recordings disclosed in a criminal or civil proceeding subject to protective order—Civil penalties and sanctions.
(1) Any and all audio and video recordings of child forensic interviews disclosed in a criminal or civil proceeding must be subject to a protective order, or other such order, unless the court finds good cause that the interview should not be subject to such an order. The protective order shall include the following: (a) That the recording be used only for the purposes of conducting the party's side of the case, unless otherwise agreed by the parties or ordered by the court; (b) that the recording not be copied, photographed, duplicated, or otherwise reproduced except as a written transcript that does not reveal the identity of the child; (c) that the recording not be given, displayed, or in any way provided to a third party, except as permitted in (d) or (e) of this subsection or as necessary at trial; (d) that the recording remain in the exclusive custody of the attorneys, their employees, or agents, including expert witnesses retained by either party, who shall be provided a copy of the protective order; (e) that, if the party is not represented by an attorney, the party, their employees, and agents, including expert witnesses, shall not be given a copy of the recording but shall be given reasonable access to view the recording by the custodian of the recording; and (f) that upon termination of representation or upon disposition of the matter at the trial court level, attorneys and other custodians of recordings promptly return all copies of the recording.
(2) A violation of a court order pursuant to this section is subject to a civil penalty of up to ten thousand dollars, in addition to any other appropriate sanction by the court.
(3) Nothing in this section is intended to restrict the ability of the department or law enforcement to share child welfare information as authorized or required by state or federal law.
[ 2018 c 171 § 6.]
NOTES:
Effective date—2018 c 171: See note following RCW 26.44.188.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.187 - Child forensic interviews—Audio/video recordings exempt from disclosure under public records act—Court order required for disclosure.

RCW 26.44.187
Child forensic interviews—Audio/video recordings exempt from disclosure under public records act—Court order required for disclosure.
Any and all audio and video recordings of child forensic interviews as defined in this chapter are exempt from disclosure under the public records act, chapter 42.56 RCW. Such recordings are confidential under chapter 13.50 RCW and federal law and may only be disclosed pursuant to a court order entered upon a showing of good cause and with advance notice to the child's parent, guardian, or legal custodian. However, if the child is an emancipated minor or has attained the age of majority as defined in RCW 26.28.010, advance notice must be to the child. Failure to disclose an audio or video recording of a child forensic interview as defined in this chapter is not grounds for penalties or other sanctions available under chapter 42.56 RCW or RCW 13.50.100(10). Nothing in this section is intended to restrict the ability of the department or law enforcement to share child welfare information as authorized or required by state or federal law.
[ 2018 c 171 § 4.]
NOTES:
Effective date—2018 c 171: See note following RCW 26.44.188.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.188 - Finding—Intent—Restrictions on dissemination of child forensic interview recordings.

RCW 26.44.188
Finding—Intent—Restrictions on dissemination of child forensic interview recordings.
The legislature recognizes an inherent privacy interest that a child has with respect to the child's recorded voice and image when describing the highly sensitive details of abuse or neglect upon the child as defined in RCW 26.44.020. The legislature further finds that reasonable restrictions on the dissemination of these recordings can accommodate both privacy interests and due process. To that end, the legislature intends to exempt these recordings from dissemination under the public records act and provide additional sanction authority for violations of protective orders that set forth such terms and conditions as are necessary to protect the privacy of the child.
[ 2018 c 171 § 1.]
NOTES:
Effective date—2018 c 171: "Except for section 3 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2018]." [ 2018 c 171 § 11.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.190 - Investigation of child abuse or neglect—Participation by law enforcement officer.

RCW 26.44.190
Investigation of child abuse or neglect—Participation by law enforcement officer.
A law enforcement agency shall not allow a law enforcement officer to participate as an investigator in the investigation of alleged abuse or neglect concerning a child for whom the law enforcement officer is, or has been, a parent, guardian, or foster parent. This section is not intended to limit the authority or duty of a law enforcement officer to report, testify, or be examined as authorized or required by this chapter, or to perform other official duties as a law enforcement officer.
[ 1999 c 389 § 9.]
NOTES:
Findings—Intent—1999 c 389 § 9: "The legislature finds that the parent, guardian, or foster parent of a child who may be the victim of abuse or neglect may become involved in the investigation of the abuse or neglect. The parent, guardian, or foster parent may also be made a party to later court proceedings and be subject to a court-ordered examination by a physician, psychologist, or psychiatrist. It is the intent of the legislature by enacting section 9 of this act to avoid actual or perceived conflicts of interest that may occur when the parent, guardian, or foster parent is also a law enforcement officer and is assigned to conduct the investigation of alleged abuse or neglect concerning the child." [ 1999 c 389 § 8.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.195 - Negligent treatment or maltreatment—Offer of services—Evidence of substance abuse—In-home services—Initiation of dependency proceedings.

RCW 26.44.195
Negligent treatment or maltreatment—Offer of services—Evidence of substance abuse—In-home services—Initiation of dependency proceedings.
(1) If the department, upon investigation of a report that a child has been abused or neglected as defined in this chapter, determines that the child has been subject to negligent treatment or maltreatment, the department may offer services to the child's parents, guardians, or legal custodians to: (a) Ameliorate the conditions that endangered the welfare of the child; or (b) address or treat the effects of mistreatment or neglect upon the child.
(2) When evaluating whether the child has been subject to negligent treatment or maltreatment, evidence of a parent's substance abuse as a contributing factor to a parent's failure to provide for a child's basic health, welfare, or safety shall be given great weight.
(3) If the child's parents, guardians, or legal custodians are available and willing to participate on a voluntary basis in in-home services, and the department determines that in-home services on a voluntary basis are appropriate for the family, the department may offer such services.
(4) In cases where the department has offered appropriate and reasonable services under subsection (1) of this section, and the parents, guardians, or legal custodians refuse to accept or fail to obtain available and appropriate treatment or services, or are unable or unwilling to participate in or successfully and substantially complete the treatment or services identified by the department, the department may initiate a dependency proceeding under chapter 13.34 RCW on the basis that the negligent treatment or maltreatment by the parent, guardian, or legal custodian constitutes neglect. When evaluating whether to initiate a dependency proceeding on this basis, the evidence of a parent's substance abuse as a contributing factor to the negligent treatment or maltreatment shall be given great weight.
(5) Nothing in this section precludes the department from filing a dependency petition as provided in chapter 13.34 RCW if it determines that such action is necessary to protect the child from abuse or neglect.
(6) Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable or if the child or family is not eligible for such services.
[ 2005 c 512 § 6.]
NOTES:
Finding—Intent—Effective date—Short title—2005 c 512: See notes following RCW 26.44.100.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.200 - Methamphetamine manufacture—Presence of child.

RCW 26.44.200
Methamphetamine manufacture—Presence of child.
A law enforcement agency in the course of investigating: (1) An allegation under RCW 69.50.401 (1) and (2) (a) through (e) relating to manufacture of methamphetamine; or (2) an allegation under RCW 69.50.440 relating to possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, that discovers a child present at the site, shall contact the department immediately.
[ 2009 c 520 § 18; 2002 c 134 § 4; 2001 c 52 § 3.]
NOTES:
Effective date—2002 c 134: See note following RCW 69.50.440.
Finding—Construction—2001 c 52: See notes following RCW 13.34.350.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.220 - Abuse of adolescents—Staff training curriculum.

RCW 26.44.220
Abuse of adolescents—Staff training curriculum.
(1) Within existing resources, the department shall develop a curriculum designed to train department staff who assess or provide services to adolescents on how to screen and respond to referrals to child protective services when those referrals may involve victims of abuse or neglect between the ages of eleven and eighteen. At a minimum, the curriculum developed pursuant to this section shall include:
(a) Review of relevant laws and regulations, including the requirement that the department investigate complaints if a parent's or caretaker's actions result in serious physical or emotional harm or present an imminent risk of serious harm to any person under eighteen;
(b) Review of departmental policies that require assessment and screening of abuse and neglect referrals on the basis of risk and not age;
(c) Explanation of safety assessment and risk assessment models;
(d) Case studies of situations in which the department has received reports of alleged abuse or neglect of older children and adolescents;
(e) Discussion of best practices in screening and responding to referrals involving older children and adolescents; and
(f) Discussion of how abuse and neglect referrals related to adolescents are investigated and when law enforcement must be notified.
(2) As it develops its curriculum pursuant to this section, the department shall request that the office of the family and children's ombuds review and comment on its proposed training materials. The department shall consider the comments and recommendations of the office of the family and children's ombuds as it develops the curriculum required by this section.
(3) The department shall complete the curriculum materials required by this section no later than December 31, 2005.
(4) Within existing resources, the department shall incorporate training on the curriculum developed pursuant to this section into existing training for child protective services workers who screen intake calls, department staff responsible for assessing or providing services to older children and adolescents, and all new employees of the department responsible for assessing or providing services to older children and adolescents.
[ 2018 c 58 § 46; 2013 c 23 § 44; 2005 c 345 § 1.]
NOTES:
Effective date—2018 c 58: See note following RCW 28A.655.080.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.240 - Out-of-home care—Emergency placement—Criminal history record check.

RCW 26.44.240
Out-of-home care—Emergency placement—Criminal history record check.
(1) During an emergency situation when a child must be placed in out-of-home care due to the absence of appropriate parents or custodians, the department shall, or an authorized agency of a federally recognized tribe may, request a federal name-based criminal history record check of each adult residing in the home of the potential placement resource. Upon receipt of the results of the name-based check, the department shall, or an authorized agency of a federally recognized tribe may, provide a complete set of each adult resident's fingerprints to the Washington state patrol for submission to the federal bureau of investigation within fifteen calendar days from the date the name search was conducted. The child shall be removed from the home immediately if any adult resident fails to provide fingerprints and written permission to perform a federal criminal history record check when requested.
(2) When placement of a child in a home is denied as a result of a name-based criminal history record check of a resident, and the resident contests that denial, the resident shall, within fifteen calendar days, submit to the department or an authorized agency of a federally recognized tribe a complete set of the resident's fingerprints with written permission allowing the department or an authorized agency of a federally recognized tribe to forward the fingerprints to the Washington state patrol for submission to the federal bureau of investigation.
(3) The Washington state patrol and the federal bureau of investigation may each charge a reasonable fee for processing a fingerprint-based criminal history record check.
(4) As used in this section, "emergency placement" refers to those limited instances when the department or an authorized agency of a federally recognized tribe is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of a sudden unavailability of the child's primary caretaker.
[ 2016 c 49 § 1; 2008 c 232 § 2.]
NOTES:
Finding—2008 c 232: "The legislature finds that the safety of children in foster care depends upon receipt of comprehensive, accurate, and timely information about the background of prospective foster parents. It is vital to ensure that all relevant information about prospective foster parents is received and carefully reviewed. The legislature believes that some foster parents may have previously resided in other countries and that it is important to determine whether those countries have background information on the prospective foster parents that might impact the safety of children in their care." [ 2008 c 232 § 1.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.250 - Arrest upon drug or alcohol-related driving offense—Child protective services notified if child is present and operator is a parent, guardian, or custodian.

RCW 26.44.250
Arrest upon drug or alcohol-related driving offense—Child protective services notified if child is present and operator is a parent, guardian, or custodian.
A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, or legal custodian and that person is being arrested for a drug or alcohol-related driving offense. This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050. For purposes of this section, "child" means any person under thirteen years of age.
[ 2010 c 214 § 2.]
NOTES:
Reviser's note: The same language was codified under RCW 46.61.507 pursuant to 2010 c 214 § 1. However, RCW 46.61.507 was further amended by 2012 c 42 § 1 without amendment to this section.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.260 - Family assessment response.

RCW 26.44.260
Family assessment response.
(1) No later than December 1, 2013, the department shall implement the family assessment response. The department may implement the family assessment response on a phased-in basis, by geographical area.
(2) The department shall develop an implementation plan in consultation with stakeholders, including tribes. The department shall submit a report of the implementation plan to the appropriate committees of the legislature by December 31, 2012. At a minimum, the following must be developed before implementation and included in the report to the legislature:
(a) Description of the family assessment response practice model;
(b) Identification of possible additional noninvestigative responses or pathways;
(c) Development of an intake screening tool and a family assessment tool specifically to be used in the family assessment response. The family assessment tool must, at minimum, evaluate the safety of the child and determine services needed by the family to improve or restore family well-being;
(d) Delineation of staff training requirements;
(e) Development of strategies to reduce disproportionality;
(f) Development of strategies to assist and connect families with the appropriate private or public housing support agencies, for those parents whose inability to obtain or maintain safe housing creates a risk of harm to the child, risk of out-of-home placement of the child, or a barrier to reunification;
(g) Identification of methods to involve local community partners in the development of community-based resources to meet families' needs. Local community partners may include, but are not limited to: Alumni of the foster care system and veteran parents, local private service delivery agencies, schools, local health departments and other health care providers, juvenile court, law enforcement, office of public defense social workers or local defense attorneys, domestic violence victims advocates, and other available community-based entities;
(h) Delineation of procedures to assure continuous quality assurance;
(i) Identification of current departmental expenditures for services appropriate for the family assessment response, to the greatest practicable extent;
(j) Identification of philanthropic funding and other private funding available to supplement public resources in response to identified family needs;
(k) Mechanisms to involve the child's Washington state tribe, if any, in any family assessment response, when the child subject to the family assessment response is an Indian child, as defined in RCW 13.38.040;
(l) A potential phase-in schedule if proposed; and
(m) Recommendations for legislative action required to implement the plan.
[ 2012 c 259 § 2.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.270 - Family assessment—Recommendation of services.

RCW 26.44.270
Family assessment—Recommendation of services.
(1) Within ten days of the conclusion of the family assessment, the department must meet with the child's parent or guardian to discuss the recommendation for services to address child safety concerns or significant risk of subsequent child maltreatment.
(2) If the parent or guardian disagrees with the department's recommendation regarding the provision of services, the department shall convene a family team decision-making meeting to discuss the recommendations and objections. The caseworker's supervisor and area administrator shall attend the meeting.
(3) If the department determines, based on the results of the family assessment, that services are not recommended then the department shall close the family assessment response case.
[ 2012 c 259 § 6.]
NOTES:
Effective date—2012 c 259 §§ 1 and 3-10: See note following RCW 26.44.020.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.272 - Family assessment—Assessment for child safety and well-being—Referral to preschool, child care, or early learning programs—Communicating with and assisting families.

RCW 26.44.272
Family assessment—Assessment for child safety and well-being—Referral to preschool, child care, or early learning programs—Communicating with and assisting families.
(1) The family assessment response worker must assess for child safety and child well-being when collaborating with a family to determine the need for child care, preschool, or home visiting services and, as appropriate, the family assessment response worker must refer children to preschool programs that are enrolled in the early achievers program and rate at a level 3, 4, or 5 unless:
(a) The family lives in an area with no local preschool programs that rate at a level 3, 4, or 5 in the early achievers program;
(b) The local preschool programs that rate at a level 3, 4, or 5 in the early achievers program are not able to meet the needs of the child; or
(c) The child is attending a preschool program prior to participating in family assessment response and the parent or caregiver does not want the child to change preschool programs.
(2) The family assessment response worker may make child care referrals for nonschool-aged children to licensed child care programs that rate at a level 3, 4, or 5 in the early achievers program described in *RCW 43.215.100 unless:
(a) The family lives in an area with no local programs that rate at level 3, 4, or 5 in the early achievers program;
(b) The local child care programs that rate at a level 3, 4, or 5 in the early achievers program are not able to meet the needs of the child; or
(c) The child is attending a child care program prior to participating in family assessment response and the parent or caregiver does not want the child to change child care programs.
(3) The family assessment response worker shall, when appropriate, provide referrals to high quality child care and early learning programs.
(4) The family assessment response worker shall, when appropriate, provide referrals to state and federally subsidized programs such as, but not limited to, licensed child care programs that receive state subsidy pursuant to *RCW 43.215.135; early childhood education and assistance programs; head start programs; and early head start programs.
(5) Prior to closing the family assessment response case, the family assessment response worker must, when appropriate, discuss child care and early learning services with the child's parent or caregiver.
If the family plans to use child care or early learning services, the family assessment response worker must work with the family to facilitate enrollment.
[ 2014 c 160 § 1.]
NOTES:
*Reviser's note: RCW 43.215.100 and 43.215.135 were recodified as RCW 43.216.085 and 43.216.135, respectively, pursuant to 2017 3rd sp.s. c 6 § 821, effective July 1, 2018.
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.280 - Liability limited.

RCW 26.44.280
Liability limited.
Consistent with the paramount concern of the department to protect the child's interests of basic nurture, physical and mental health, and safety, and the requirement that the child's health and safety interests prevail over conflicting legal interests of a parent, custodian, or guardian, the liability of governmental entities, and their officers, agents, employees, and volunteers, to parents, custodians, or guardians accused of abuse or neglect is limited as provided in RCW 4.24.595.
[ 2012 c 259 § 14.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.290 - Near fatalities—Review of case files—Investigation.

RCW 26.44.290
Near fatalities—Review of case files—Investigation.
(1) When a caseworker or other employee of the department responds to an allegation of child abuse or neglect that is screened in and open for investigation and there is a subsequent allegation of abuse or neglect resulting in a near fatality within one year of the initial allegation that is screened in and open for investigation, the department is to immediately conduct a review of the caseworker's and caseworker's supervisor's case files and actions taken during the initial report of alleged child abuse or neglect. The purpose of the review is to determine if there were any errors by the employees under department policy, rule, or state statute. If any violations of policy, rule, or statute are found, the department is to conduct a formal employee investigation.
(2) A review conducted under this section is subject to the restrictions of RCW 74.13.640(4).
(3) "Near fatality" has the same meaning as in RCW 74.13.640.
[ 2015 c 298 § 2.]
NOTES:
Short title—2015 c 298: "This act may be known and cited as Aiden's act." [ 2015 c 298 § 3.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.44 - Abuse of Children. › 26.44.901 - Construction—Prevention services.

RCW 26.44.901
Construction—Prevention services.
Nothing in this chapter may be construed to limit the department's authority to offer or provide prevention services or primary prevention services as defined in chapters 13.34 and 74.13 RCW, respectively.
[ 2019 c 172 § 16.]
2023 Revised Code of Washington › Title 26 - Domestic Relations › Chapter 26.51 - Abusive Litigation—Domestic Violence. › 26.51.010 - Findings—Intent.

RCW 26.51.010
Findings—Intent.
The legislature recognizes that individuals who abuse their intimate partners often misuse court proceedings in order to control, harass, intimidate, coerce, and/or impoverish the abused partner. Court proceedings can provide a means for an abuser to exert and reestablish power and control over a domestic violence survivor long after a relationship has ended. The legal system unwittingly becomes another avenue that abusers exploit to cause psychological, emotional, and financial devastation. This misuse of the court system by abusers has been referred to as legal bullying, stalking through the courts, paper abuse, and similar terms. The legislature finds that the term "abusive litigation" is the most common term and that it accurately describes this problem. Abusive litigation against domestic violence survivors arises in a variety of contexts. Family law cases such as dissolutions, legal separations, parenting plan actions or modifications, and protection order proceedings are particularly common forums for abusive litigation. It is also not uncommon for abusers to file civil lawsuits against survivors, such as defamation, tort, or breach of contract claims. Even if a lawsuit is meritless, forcing a survivor to spend time, money, and emotional resources responding to the action provides a means for the abuser to assert power and control over the survivor.
The legislature finds that courts have considerable authority to respond to abusive litigation tactics, while upholding litigants' constitutional rights to access to the courts. Because courts have inherent authority to control the conduct of litigants, they have considerable discretion to fashion creative remedies in order to curb abusive litigation. The legislature intends to provide the courts with an additional tool to curb abusive litigation and to mitigate the harms abusive litigation perpetuates.
[ 2020 c 311 § 1.]