HB 2180

H-2612.1
  HOUSE BILL 2180
State of Washington       69th Legislature  2026 Regular Session
By Representatives Ley, Burnett, and McClintock
Prefiled 12/22/25. Read first time 01/12/26.      Referred to Committee
on Early Learning & Human Services.
1      AN ACT Relating to coaches of youth sports organizations;
2  amending RCW 43.43.830 and 43.43.834; reenacting and amending RCW
3  26.44.020 and 26.44.030; and adding a new section to chapter 26.44
4  RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6     Sec. 1. RCW 26.44.020 and 2025 c 197 s 1 and 2025 c 75 s 2 are
7 each reenacted and amended to read as follows:
8     The definitions in this section apply throughout this chapter
9 unless the context clearly requires otherwise.
10     (1) "Abuse or neglect" means sexual abuse, sexual exploitation,
11 female genital mutilation as defined in RCW 18.130.460, trafficking
12 as described in RCW 9A.40.100, sex trafficking or severe forms of
13 trafficking in persons under the trafficking victims protection act
14 of 2000, 22 U.S.C. Sec. 7101 et seq., or injury of a child by any
15 person under circumstances which cause harm to the child's health,
16 welfare, or safety, excluding conduct permitted under RCW 9A.16.100;
17 or the negligent treatment or maltreatment of a child by a person
18 responsible for or providing care to the child. An abused child is a
19 child who has been subjected to child abuse or neglect as defined in
20 this section.
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1     (2) "Child" or "children" means any person under the age of 18
2 years of age.
3     (3) "Child forensic interview" means a developmentally sensitive,
4 legally sound, culturally responsive, fact-finding interview of a
5 child that is part of the multidisciplinary team response in child
6 abuse investigations for the purpose of eliciting a child's unique
7 information when there are concerns of possible abuse or when the
8 child has been exposed to violence against another person. Child
9 forensic interviews are conducted in a supportive and nonleading
10 manner by a professional with specialized training in a research-
11 based forensic interview model for conducting child forensic
12 interviews, ideally conducted in a neutral location, such as a
13 children's advocacy center, and may be observed by approved members
14 of the multidisciplinary child protection team as outlined in county
15 child abuse investigation protocols under RCW 26.44.180.
16     (4) "Child protective services" means those services provided by
17 the department designed to protect children from child abuse and
18 neglect and safeguard such children from future abuse and neglect,
19 and conduct investigations of child abuse and neglect reports.
20 Investigations may be conducted regardless of the location of the
21 alleged abuse or neglect. Child protective services includes referral
22 to services to ameliorate conditions that endanger the welfare of
23 children, the coordination of necessary programs and services
24 relevant to the prevention, intervention, and treatment of child
25 abuse and neglect, and services to children to ensure that each child
26 has a permanent home. In determining whether protective services
27 should be provided, the department shall not decline to provide such
28 services solely because of the child's unwillingness or developmental
29 inability to describe the nature and severity of the abuse or
30 neglect.
31     (5)   "Child  protective   services  section"   means  the  child
32 protective services section of the department.
33     (6) "Child who is a candidate for foster care" means a child who
34 the department identifies as being at imminent risk of entering
35 foster care but who can remain safely in the child's home or in a
36 kinship placement as long as services or programs that are necessary
37 to prevent entry of the child into foster care are provided, and
38 includes but is not limited to a child whose adoption or guardianship
39 arrangement is at risk of a disruption or dissolution that would
40 result in a foster care placement. The term includes a child for whom
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1 there is reasonable cause to believe that any of the following
2 circumstances exist:
3     (a) The child has been abandoned by the parent as defined in RCW
4 13.34.030 and the child's health, safety, and welfare is seriously
5 endangered as a result;
6     (b) The child has been abused or neglected as defined in this
7 chapter and the child's health, safety, and welfare is seriously
8 endangered as a result;
9     (c) There is no parent capable of meeting the child's needs such
10 that the child is in circumstances that constitute a serious danger
11 to the child's development;
12     (d) The child is otherwise at imminent risk of harm.
13     (7) "Children's advocacy center" means a child-focused, trauma-
14 informed, facility-based program that provides a safe, neutral
15 location for child forensic interviews, facilitates a coordinated and
16 comprehensive   approach  to   addressing   the  needs   of  children
17 traumatized by abuse and those who have witnessed, or been exposed
18 to, violence, follows national accreditation standards, and is in
19 good standing with the children's advocacy centers of Washington.
20 Children's advocacy centers support a coordinated multidisciplinary
21 response to allegations of abuse that promotes efficient interagency
22 communication and information sharing, ongoing collaboration of key
23 individuals, and a network of support for children and families.
24 Children's advocacy centers coordinate access to services including,
25 but not limited to: Medical evaluations, advocacy, therapy, and
26 facilitation of case review within the context of county protocols as
27 prescribed in RCW 26.44.180 and 26.44.185.
28     (8) "Children's advocacy centers of Washington" is a membership
29 organization and state chapter of the national children's alliance
30 whose   primary   purpose  is   to   support   the  development   and
31 sustainability of children's advocacy centers and multidisciplinary
32 child protection teams in Washington state as provided under RCW
33 26.44.175.
34     (9) "Court" means the superior court of the state of Washington,
35 juvenile department.
36     (10) "Department" means the department of children, youth, and
37 families.
38     (11) "Experiencing homelessness" means lacking a fixed, regular,
39 and adequate nighttime residence, including circumstances such as
40 sharing the housing of other persons due to loss of housing, economic
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1 hardship, fleeing domestic violence, or a similar reason as described
2 in the federal McKinney-Vento homeless assistance act (Title 42
3 U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.
4     (12) "Family assessment" means a comprehensive assessment of
5 child safety, risk of subsequent child abuse or neglect, and family
6 strengths and needs that is applied to a child abuse or neglect
7 report. Family assessment does not include a determination as to
8 whether child abuse or neglect occurred, but does determine the need
9 for services to address the safety of the child and the risk of
10 subsequent maltreatment.
11     (13) "Family assessment response" means a way of responding to
12 certain reports of child abuse or neglect made under this chapter
13 using a differential response approach to child protective services.
14 The family assessment response shall focus on the safety of the
15 child, the integrity and preservation of the family, and shall assess
16 the status of the child and the family in terms of risk of abuse and
17 neglect including the parent's or guardian's or other caretaker's
18 capacity and willingness to protect the child and, if necessary, plan
19 and arrange the provision of services to reduce the risk and
20 otherwise support the family. No one is named as a perpetrator, and
21 no investigative finding is entered in the record as a result of a
22 family assessment.
23     (14) "Founded" means the determination following an investigation
24 by the department that, based on available information, it is more
25 likely than not that child abuse or neglect did occur.
26     (15)   "Inconclusive"  means   the   determination  following  an
27 investigation by the department of social and health services, prior
28 to October 1, 2008, that based on available information a decision
29 cannot be made that more likely than not, child abuse or neglect did
30 or did not occur.
31     (16) "Institution" means a private or public hospital or any
32 other facility providing medical diagnosis, treatment, or care.
33     (17) "Law enforcement agency" means the police department, the
34 prosecuting attorney, the state patrol, the director of public
35 safety, or the office of the sheriff.
36     (18) "Malice" or "maliciously" means an intent, wish, or design
37 to intimidate, annoy, or injure another person. Such malice may be
38 inferred from an act done in willful disregard of the rights of
39 another, or an act wrongfully done without just cause or excuse, or
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1 an act or omission of duty betraying a willful disregard of social
2 duty.
3     (19) "Member of the clergy" means any regularly licensed,
4 accredited, or ordained minister, priest, rabbi, imam, elder, or
5 similarly situated religious or spiritual leader of any church,
6 religious denomination, religious body, spiritual community, or sect,
7 or person performing official duties that are recognized as the
8 duties of a member of the clergy under the discipline, tenets,
9 doctrine, or custom of the person's church, religious denomination,
10 religious body, spiritual community, or sect, whether acting in an
11 individual capacity or as an employee, agent, or official of any
12 public or private organization or institution.
13     (20) "Negligent treatment or maltreatment" means an act or a
14 failure to act, or the cumulative effects of a pattern of conduct,
15 behavior, or inaction, that evidences a serious disregard of
16 consequences of such magnitude as to constitute a clear and present
17 danger to a child's health, welfare, or safety, including but not
18 limited to conduct prohibited under RCW 9A.42.100. When considering
19 whether a clear and present danger exists, evidence of a parent's
20 substance abuse as a contributing factor to negligent treatment or
21 maltreatment shall be given great weight. The fact that siblings
22 share a bedroom is not, in and of itself, negligent treatment or
23 maltreatment. Poverty, experiencing homelessness, or exposure to
24 domestic violence as defined in RCW 7.105.010 that is perpetrated
25 against someone other than the child does not constitute negligent
26 treatment or maltreatment in and of itself.
27     (21) "Pharmacist" means any registered pharmacist under chapter
28 18.64 RCW, whether acting in an individual capacity or as an employee
29 or agent of any public or private organization or institution.
30     (22) "Practitioner of the healing arts" or "practitioner" means a
31 person licensed by this state to practice podiatric medicine and
32 surgery, optometry, chiropractic, nursing, dentistry, osteopathic
33 medicine and surgery, or medicine and surgery or to provide other
34 health services. The term "practitioner" includes a duly accredited
35 Christian Science practitioner. A person who is being furnished
36 Christian Science treatment by a duly accredited Christian Science
37 practitioner will not be considered, for that reason alone, a
38 neglected person for the purposes of this chapter.
39     (23) "Prevention and family services and programs" means specific
40 mental health prevention and treatment services, substance abuse
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1 prevention and treatment services, and in-home parent skill-based
2 programs that qualify for federal funding under the federal family
3 first prevention services act, P.L. 115-123. For purposes of this
4 chapter, prevention and family services and programs are not remedial
5 services or family reunification services as described in RCW
6 13.34.025(2).
7     (24) "Professional school personnel" include, but are not limited
8 to, teachers, counselors, administrators, child care facility
9 personnel, and school nurses.
10     (25) "Psychologist" means any person licensed to practice
11 psychology under chapter 18.83 RCW, whether acting in an individual
12 capacity or as an employee or agent of any public or private
13 organization or institution.
14     (26) "Screened-out report" means a report of alleged child abuse
15 or neglect that the department has determined does not rise to the
16 level of a credible report of abuse or neglect and is not referred
17 for investigation.
18     (27) "Sexual exploitation" includes: (a) Allowing, permitting, or
19 encouraging a child to engage in prostitution by any person; or (b)
20 allowing, permitting, encouraging, or engaging in the obscene or
21 pornographic photographing, filming, or depicting of a child by any
22 person.
23     (28) "Sexually aggressive youth" means a child who is defined in
24 RCW 74.13.075(1)(b) as being a sexually aggressive youth.
25     (29) "Social service counselor" means anyone engaged in a
26 professional capacity during the regular course of employment in
27 encouraging or promoting the health, welfare, support, or education
28 of children, or providing social services to adults or families,
29 including mental health, drug and alcohol treatment, and domestic
30 violence programs, whether in an individual capacity, or as an
31 employee or agent of any public or private organization or
32 institution.
33     (30)   "Unfounded"   means   the    determination   following  an
34 investigation by the department that available information indicates
35 that, more likely than not, child abuse or neglect did not occur, or
36 that there is insufficient evidence for the department to determine
37 whether the alleged child abuse did or did not occur.
38     (31) "Coach" means a person employed or volunteering as a coach,
39 manager, or supervisor of a youth athletic activity, but does not
40 include occasional assistance with or support of the youth athletic
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1 activity by a person, including the actions of other volunteers or
2 employees of the youth sports organization in a passing, general, or
3 nominal manner.
4     (32)(a) "Youth sports organization" includes:
5     (i) A private for-profit or nonprofit organization that as part
6 of its core function provides persons who are less than 18 years old
7 the   opportunity  to   participate   in  scheduled   competitive  or
8 recreational sporting activities whether individually or as a team,
9 but does not include a sporting activity that is incidental to a
10 nonathletic program or lesson; and
11     (ii) Interschool athletic activities governed by the Washington
12 interscholastic activities association, operated by any public school
13 as defined in RCW 28A.150.010, or operated by any private secondary
14 school, including those approved under chapter 28A.195 RCW; and
15     (iii) A city or county when providing persons who are less than
16 18 years old the opportunity to participate in scheduled competitive
17 or recreational sporting activities whether individually or as a
18 team, but does not include a sporting activity that is incidental to
19 a nonathletic program or lesson.
20     (b) "Youth sports organization" does not include:
21     (i) A licensed child care center or family home provider as
22 defined in RCW 43.216.010;
23     (ii) An institution of higher education, as defined in RCW
24 28B.10.016, or a private institution of higher education; or
25     (iii)   An  organization   that   provides  the   opportunity to
26 participate in an unsupervised and unscheduled competitive or
27 recreational sporting event.
28     NEW SECTION.   Sec. 2.   A new section is added to chapter 26.44
29 RCW to read as follows:
30     (1) By January 1, 2027, the department shall develop or contract
31 with an external entity for the development of a training regarding
32 mandatory reporting of child abuse and neglect suitable for coaches
33 of youth sports organizations. The department shall make the training
34 developed under this subsection available to the public in an
35 accessible format.
36     (2) Beginning July 1, 2027, each youth sports organization shall
37 require each coach to annually complete training regarding mandatory
38 reporting of child abuse and neglect as provided in RCW 26.44.030
39 developed by the department under subsection (1) of this section.
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1     Sec. 3. RCW 26.44.030 and 2025 c 197 s 2 and 2025 c 192 s 2 are
2 each reenacted and amended to read as follows:
3     (1)(a) When any member of the clergy, practitioner, county
4 coroner or medical examiner, law enforcement officer, professional
5 school personnel, registered or licensed nurse, social service
6 counselor, psychologist, pharmacist, employee of the department of
7 children, youth, and families, licensed or certified child care
8 providers or their employees, employee of the department of social
9 and health services, juvenile probation officer, diversion unit
10 staff, placement and liaison specialist, responsible living skills
11 program staff, HOPE center staff, state family and children's ombuds
12 or any volunteer in the ombuds' office, coach of a youth sports
13 organization, or host home program has reasonable cause to believe
14 that a child has suffered abuse or neglect, he or she shall report
15 such incident, or cause a report to be made, to the proper law
16 enforcement agency or to the department as provided in RCW 26.44.040.
17     (b) When any person, in his or her official supervisory capacity
18 with a nonprofit or for-profit organization, has reasonable cause to
19 believe that a child has suffered abuse or neglect caused by a person
20 over whom he or she regularly exercises supervisory authority, he or
21 she shall report such incident, or cause a report to be made, to the
22 proper law enforcement agency, provided that the person alleged to
23 have caused the abuse or neglect is employed by, contracted by, or
24 volunteers with the organization and coaches, trains, educates, or
25 counsels a child or children or regularly has unsupervised access to
26 a child or children as part of the employment, contract, or voluntary
27 service. Except for members of the clergy, no one shall be required
28 to report under this section when he or she obtains the information
29 solely as a result of a privileged communication as provided in RCW
30 5.60.060.
31     Nothing in this subsection (1)(b) shall limit a person's duty to
32 report under (a) of this subsection.
33     For the purposes of this subsection, the following definitions
34 apply:
35     (i) "Official supervisory capacity" means a position, status, or
36 role created, recognized, or designated by any nonprofit or for-
37 profit organization, either for financial gain or without financial
38 gain, whose scope includes, but is not limited to, overseeing,
39 directing, or managing another person who is employed by, contracted
40 by, or volunteers with the nonprofit or for-profit organization.
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1     (ii) "Organization" includes a sole proprietor, partnership,
2 corporation, limited liability company, trust, association, financial
3 institution, governmental entity, other than the federal government,
4 and any other individual or group engaged in a trade, occupation,
5 enterprise, governmental function, charitable function, or similar
6 activity in this state whether or not the entity is operated as a
7 nonprofit or for-profit entity.
8     (iii) "Reasonable cause" means a person witnesses or receives a
9 credible written or oral report alleging abuse, including sexual
10 contact, or neglect of a child.
11     (iv) "Regularly exercises supervisory authority" means to act in
12 his or her official supervisory capacity on an ongoing or continuing
13 basis with regards to a particular person.
14     (v) "Sexual contact" has the same meaning as in RCW 9A.44.010.
15     (c) The reporting requirement also applies to department of
16 corrections personnel who, in the course of their employment, observe
17 offenders or the children with whom the offenders are in contact. If,
18 as a result of observations or information received in the course of
19 his or her employment, any department of corrections personnel has
20 reasonable cause to believe that a child has suffered abuse or
21 neglect, he or she shall report the incident, or cause a report to be
22 made, to the proper law enforcement agency or to the department as
23 provided in RCW 26.44.040.
24     (d) The reporting requirement shall also apply to any adult who
25 has reasonable cause to believe that a child who resides with them,
26 has suffered severe abuse, and is able or capable of making a report.
27 For the purposes of this subsection, "severe abuse" means any of the
28 following: Any single act of abuse that causes physical trauma of
29 sufficient severity that, if left untreated, could cause death; any
30 single act of sexual abuse that causes significant bleeding, deep
31 bruising, or significant external or internal swelling; or more than
32 one act of physical abuse, each of which causes bleeding, deep
33 bruising, significant external or internal swelling, bone fracture,
34 or unconsciousness.
35     (e) The reporting requirement also applies to guardians ad litem,
36 including court-appointed special advocates, appointed under Titles
37 11 and 13 RCW and this title, who in the course of their
38 representation of children in these actions have reasonable cause to
39 believe a child has been abused or neglected.
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1     (f) The reporting requirement in (a) of this subsection also
2 applies to administrative and academic or athletic department
3 employees, including student employees, of institutions of higher
4 education, as defined in RCW 28B.10.016, and of private institutions
5 of higher education. Under this subsection, the reporting requirement
6 applies to:
7     (i) An attorney who is employed by an institution of higher
8 education, as defined in RCW 28B.10.016, or private institution of
9 higher education, unless it relates to information related to the
10 representation of a client; and
11     (ii) An employee working under the supervision or direction of an
12 attorney described in (f)(i) of this subsection, unless it relates to
13 information related to the representation of a client.
14     (g) Nothing in this subsection shall be interpreted to suspend or
15 supersede otherwise applicable disclosure standards as provided for
16 in   the   Washington   rules   of   professional   conduct    regarding
17 confidentiality   of  information   including   but   not   limited   to
18 disclosure to prevent reasonably certain death or substantial bodily
19 harm.
20     (h) The report must be made at the first opportunity, but in no
21 case longer than 48 hours after there is reasonable cause to believe
22 that the child has suffered abuse or neglect. The report must include
23 the identity of the accused if known.
24     (2) The reporting requirement of subsection (1) of this section
25 does not apply to the discovery of abuse or neglect that occurred
26 during childhood if it is discovered after the child has become an
27 adult. However, if there is reasonable cause to believe other
28 children are or may be at risk of abuse or neglect by the accused,
29 the reporting requirement of subsection (1) of this section does
30 apply.
31     (3) Any other person who has reasonable cause to believe that a
32 child has suffered abuse or neglect may report such incident to the
33 proper law enforcement agency or to the department as provided in RCW
34 26.44.040.
35     (4) The department, upon receiving a report of an incident of
36 alleged abuse or neglect pursuant to this chapter, involving a child
37 who has died or has had physical injury or injuries inflicted upon
38 him or her other than by accidental means or who has been subjected
39 to alleged sexual abuse, shall report such incident to the proper law
40 enforcement   agency,   including   military  law   enforcement,   if
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1 appropriate. In emergency cases, where the child's welfare is
2 endangered, the department shall notify the proper law enforcement
3 agency within 24 hours after a report is received by the department.
4 In all other cases, the department shall notify the law enforcement
5 agency within 72 hours after a report is received by the department.
6 If the department makes an oral report, a written report must also be
7 made to the proper law enforcement agency within five days
8 thereafter.
9     (5) Any law enforcement agency receiving a report of an incident
10 of alleged abuse or neglect pursuant to this chapter, involving a
11 child who has died or has had physical injury or injuries inflicted
12 upon him or her other than by accidental means, or who has been
13 subjected to alleged sexual abuse, shall report such incident in
14 writing as provided in RCW 26.44.040 to the proper county prosecutor
15 or city attorney for appropriate action whenever the law enforcement
16 agency's investigation reveals that a crime may have been committed.
17 The law enforcement agency shall also notify the department of all
18 reports received and the law enforcement agency's disposition of
19 them. In emergency cases, where the child's welfare is endangered,
20 the law enforcement agency shall notify the department within 24
21 hours. In all other cases, the law enforcement agency shall notify
22 the department within 72 hours after a report is received by the law
23 enforcement agency.
24     (6) Any county prosecutor or city attorney receiving a report
25 under subsection (5) of this section shall notify the victim, any
26 persons the victim requests, and the local office of the department,
27 of the decision to charge or decline to charge a crime, within five
28 days of making the decision.
29     (7) The department may conduct ongoing case planning and
30 consultation with those persons or agencies required to report under
31 this section, with consultants designated by the department, and with
32 designated representatives of Washington Indian tribes if the client
33 information exchanged is pertinent to cases currently receiving child
34 protective services. Upon request, the department shall conduct such
35 planning and consultation with those persons required to report under
36 this section if the department determines it is in the best interests
37 of the child. Information considered privileged by statute and not
38 directly related to reports required by this section must not be
39 divulged without a valid written waiver of the privilege.
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1     (8) Any case referred to the department by a physician licensed
2 under chapter 18.57 or 18.71 RCW on the basis of an expert medical
3 opinion that child abuse, neglect, or sexual assault has occurred and
4 that the child's safety will be seriously endangered if returned
5 home, the department shall file a dependency petition unless a second
6 licensed physician of the parents' choice believes that such expert
7 medical opinion is incorrect. If the parents fail to designate a
8 second physician, the department may make the selection. If a
9 physician finds that a child has suffered abuse or neglect but that
10 such abuse or neglect does not constitute imminent danger to the
11 child's health or safety, and the department agrees with the
12 physician's assessment, the child may be left in the parents' home
13 while the department proceeds with reasonable efforts to remedy
14 parenting deficiencies.
15     (9) Persons or agencies exchanging information under subsection
16 (7) of this section shall not further disseminate or release the
17 information except as authorized by state or federal statute.
18 Violation of this subsection is a misdemeanor.
19     (10) Upon receiving a report that a child is a candidate for
20 foster care as defined in RCW 26.44.020, the department may provide
21 prevention and family services and programs to the child's parents,
22 guardian, or caregiver. The department may not be held civilly liable
23 for the decision regarding whether to provide prevention and family
24 services and programs, or for the provision of those services and
25 programs, for a child determined to be a candidate for foster care.
26     (11) Upon receiving a report of alleged abuse or neglect, the
27 department shall make reasonable efforts to learn the name, address,
28 and telephone number of each person making a report of abuse or
29 neglect under this section. The department shall provide assurances
30 of appropriate confidentiality of the identification of persons
31 reporting under this section. If the department is unable to learn
32 the information required under this subsection, the department shall
33 only investigate cases in which:
34     (a) The department believes there is a serious threat of
35 substantial harm to the child;
36     (b) The report indicates conduct involving a criminal offense
37 that has, or is about to occur, in which the child is the victim; or
38     (c) The department has a prior founded report of abuse or neglect
39 with regard to a member of the household that is within three years
40 of receipt of the referral.
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1     (12)(a) Upon receiving a report of alleged abuse or neglect, the
2 department shall use one of the following discrete responses to
3 reports of child abuse or neglect that are screened in and accepted
4 for departmental response:
5     (i) Investigation; or
6     (ii) Family assessment.
7     (b) In making the response in (a) of this subsection the
8 department shall:
9     (i) Use a method by which to assign cases to investigation or
10 family assessment which are based on an array of factors that may
11 include the presence of: Imminent danger, level of risk, number of
12 previous child abuse or neglect reports, or other presenting case
13 characteristics, such as the type of alleged maltreatment and the age
14 of the alleged victim. Age of the alleged victim shall not be used as
15 the sole criterion for determining case assignment;
16     (ii) Allow for a change in response assignment based on new
17 information that alters risk or safety level;
18     (iii) Allow families assigned to family assessment to choose to
19 receive an investigation rather than a family assessment;
20     (iv) Provide a full investigation if a family refuses the initial
21 family assessment;
22     (v) Provide voluntary services to families based on the results
23 of the initial family assessment. If a family refuses voluntary
24 services, and the department cannot identify specific facts related
25 to risk or safety that warrant assignment to investigation under this
26 chapter, and there is not a history of reports of child abuse or
27 neglect related to the family, then the department must close the
28 family assessment response case. However, if at any time the
29 department identifies risk or safety factors that warrant an
30 investigation under this chapter, then the family assessment response
31 case must be reassigned to investigation;
32     (vi) Conduct an investigation, and not a family assessment, in
33 response to an allegation that, the department determines based on
34 the intake assessment:
35     (A) Indicates a child's health, safety, and welfare will be
36 seriously endangered if not taken into custody for reasons including,
37 but not limited to, sexual abuse and sexual exploitation of the child
38 as defined in this chapter;
39     (B) Poses a serious threat of substantial harm to a child;
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1     (C) Constitutes conduct involving a criminal offense that has, or
2 is about to occur, in which the child is the victim;
3     (D) The child is an abandoned child as defined in RCW 13.34.030;
4     (E) The child is an adjudicated dependent child as defined in RCW
5 13.34.030, or the child is in a facility that is licensed, operated,
6 or certified for care of children by the department under chapter
7 74.15 RCW.
8     (c) In addition, the department may use a family assessment
9 response to assess for and provide prevention and family services and
10 programs, as defined in RCW 26.44.020, for the following children and
11 their families, consistent with requirements under the federal family
12 first prevention services act and this section:
13     (i) A child who is a candidate for foster care, as defined in RCW
14 26.44.020; and
15     (ii) A child who is in foster care and who is pregnant,
16 parenting, or both.
17     (d) The department may not be held civilly liable for the
18 decision to respond to an allegation of child abuse or neglect by
19 using the family assessment response under this section unless the
20 state or its officers, agents, or employees acted with reckless
21 disregard.
22     (13)(a) For reports of alleged abuse or neglect that are accepted
23 for investigation by the department, the investigation shall be
24 conducted within time frames established by the department in rule.
25 In no case shall the investigation extend longer than 90 days from
26 the date the report is received, unless the investigation is being
27 conducted under a written protocol pursuant to RCW 26.44.180 and a
28 law enforcement agency or prosecuting attorney has determined that a
29 longer investigation period is necessary. At the completion of the
30 investigation, the department shall make a finding that the report of
31 child abuse or neglect is founded or unfounded.
32     (b) If a court in a civil or criminal proceeding, considering the
33 same facts or circumstances as are contained in the report being
34 investigated by the department, makes a judicial finding by a
35 preponderance of the evidence or higher that the subject of the
36 pending investigation has abused or neglected the child, the
37 department shall adopt the finding in its investigation.
38     (14) For reports of alleged abuse or neglect that are responded
39 to through family assessment response, the department shall:
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1     (a) Provide the family with a written explanation of the
2 procedure for assessment of the child and the family and its
3 purposes;
4     (b) Collaborate with the family to identify family strengths,
5 resources, and service needs, and develop a service plan with the
6 goal of reducing risk of harm to the child and improving or restoring
7 family well-being;
8     (c) Complete the family assessment response within 45 days of
9 receiving the report except as follows:
10     (i) Upon parental agreement, the family assessment response
11 period may be extended up to 120 days. The department's extension of
12 the family assessment response period must be operated within the
13 department's appropriations;
14     (ii) For cases in which the department elects to use a family
15 assessment response as authorized under subsection (12)(c) of this
16 section, and upon agreement of the child's parent, legal guardian,
17 legal custodian, or relative placement, the family assessment
18 response period may be extended up to one year. The department's
19 extension of the family assessment response must be operated within
20 the department's appropriations;
21     (d) Offer services to the family in a manner that makes it clear
22 that acceptance of the services is voluntary;
23     (e) Implement the family assessment response in a consistent and
24 cooperative manner;
25     (f) Have the parent or guardian agree to participate in services
26 before services are initiated. The department shall inform the
27 parents of their rights under family assessment response, all of
28 their options, and the options the department has if the parents do
29 not agree to participate in services.
30     (15)(a) In conducting an investigation or family assessment of
31 alleged abuse or neglect, the department or law enforcement agency:
32     (i) May interview children. If the department determines that the
33 response to the allegation will be family assessment response, the
34 preferred practice is to request a parent's, guardian's, or
35 custodian's permission to interview the child before conducting the
36 child interview unless doing so would compromise the safety of the
37 child or the integrity of the assessment. The interviews may be
38 conducted on school premises, at day-care facilities, at the child's
39 home, or at other suitable locations outside of the presence of
40 parents. If the allegation is investigated, parental notification of
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1 the interview must occur at the earliest possible point in the
2 investigation that will not jeopardize the safety or protection of
3 the child or the course of the investigation. Prior to commencing the
4 interview the department or law enforcement agency shall determine
5 whether the child wishes a third party to be present for the
6 interview and, if so, shall make reasonable efforts to accommodate
7 the child's wishes. Unless the child objects, the department or law
8 enforcement agency shall make reasonable efforts to include a third
9 party in any interview so long as the presence of the third party
10 will not jeopardize the course of the investigation; and
11     (ii) Shall have access to all relevant records of the child in
12 the possession of mandated reporters and their employees.
13     (b) The Washington state school directors' association shall
14 adopt a model policy addressing protocols when an interview, as
15 authorized by this subsection, is conducted on school premises. In
16 formulating its policy, the association shall consult with the
17 department and the Washington association of sheriffs and police
18 chiefs.
19     (16) If a report of alleged abuse or neglect is founded and
20 constitutes the third founded report received by the department
21 within the last 12 months involving the same child or family, the
22 department shall promptly notify the office of the family and
23 children's ombuds of the contents of the report. The department shall
24 also notify the ombuds of the disposition of the report.
25     (17) In investigating and responding to allegations of child
26 abuse and neglect, the department may conduct background checks as
27 authorized by state and federal law.
28     (18)(a) The department shall maintain investigation records and
29 conduct timely and periodic reviews of all founded cases of abuse and
30 neglect. The department shall maintain a log of screened-out
31 nonabusive cases.
32     (b) In the family assessment response, the department shall not
33 make a finding as to whether child abuse or neglect occurred. No one
34 shall be named as a perpetrator and no investigative finding shall be
35 entered in the department's child abuse or neglect database.
36     (19) The department shall use a risk assessment process when
37 investigating alleged child abuse and neglect referrals. The
38 department shall present the risk factors at all hearings in which
39 the placement of a dependent child is an issue. Substance abuse must
40 be a risk factor.
  p. 16  HB 2180
1     (20) Upon receipt of a report of alleged abuse or neglect the law
2 enforcement agency may arrange to interview the person making the
3 report and any collateral sources to determine if any malice is
4 involved in the reporting.
5     (21) Upon receiving a report of alleged abuse or neglect
6 involving a child under the court's jurisdiction under chapter 13.34
7 RCW, the department shall promptly notify the child's guardian ad
8 litem of the report's contents. The department shall also notify the
9 guardian ad litem of the disposition of the report. For purposes of
10 this subsection, "guardian ad litem" has the meaning provided in RCW
11 13.34.030.
12     (22) The department shall make efforts as soon as practicable to
13 determine the military status of parents whose children are subject
14 to abuse or neglect allegations. If the department determines that a
15 parent or guardian is in the military, the department shall notify a
16 department of defense family advocacy program that there is an
17 allegation of abuse and neglect that is screened in and open for
18 investigation that relates to that military parent or guardian.
19     (23) The department shall make available on its public website a
20 downloadable and printable poster that includes the reporting
21 requirements included in this section. The poster must be no smaller
22 than 8.5 by 11 inches with all information on one side. The poster
23 must be made available in both the English and Spanish languages.
24 Organizations that include employees or volunteers subject to the
25 reporting requirements of this section must clearly display this
26 poster in a common area. At a minimum, this poster must include the
27 following:
28     (a) Who is required to report child abuse and neglect;
29     (b) The standard of knowledge to justify a report;
30     (c) The definition of reportable crimes;
31     (d) Where to report suspected child abuse and neglect; and
32     (e) What should be included in a report and the appropriate
33 timing.
34     Sec. 4. RCW 43.43.830 and 2025 c 60 s 1 are each amended to read
35 as follows:
36     Unless the context clearly requires otherwise, the definitions in
37 this section apply throughout this section and RCW 43.43.832 through
38 43.43.845.
  p. 17  HB 2180
1     (1) "Agency" means any person, firm, partnership, association,
2 corporation, or facility which receives, provides services to, houses
3 or otherwise cares for vulnerable adults, juveniles, or children, or
4 which provides child day care, early learning, or early childhood
5 education services.
6     (2) "Applicant" means:
7     (a) Any prospective employee, volunteer, or contractor who will
8 or may have supervised or unsupervised access to children, the
9 elderly, or individuals with disabilities during the course of his or
10 her employment or involvement with the business or organization;
11     (b) Any prospective volunteer who will have regularly scheduled
12 unsupervised access to children under sixteen years of age,
13 developmentally disabled persons, or vulnerable adults during the
14 course of his or her employment or involvement with the business or
15 organization under circumstances where such access will or may
16 involve groups of (i) five or fewer children under twelve years of
17 age, (ii) three or fewer children between twelve and sixteen years of
18 age, (iii) developmentally disabled persons, or (iv) vulnerable
19 adults;
20     (c) Any prospective adoptive parent, as defined in RCW 26.33.020;
21 or
22     (d) Any prospective custodian in a nonparental custody proceeding
23 under chapter 26.10 RCW.
24     (3) "Business or organization" means a person, business, or
25 organization licensed in this state, any agency of the state, or
26 other governmental entity, that educates, trains, treats, supervises,
27 houses, or provides recreation to developmentally disabled persons,
28 vulnerable adults, or children under sixteen years of age, or that
29 provides child day care, early learning, or early learning childhood
30 education services, including but not limited to public housing
31 authorities, school districts, and educational service districts.
32     (4) "Care" means the provision of care, treatment, education,
33 training, instruction, supervision, or recreation to children, the
34 elderly, or individuals with disabilities.
35     (5)   "Civil   adjudication   proceeding"   is   a   judicial  or
36 administrative adjudicative proceeding that results in a finding of,
37 or upholds an agency finding of, domestic violence, abuse, sexual
38 abuse, neglect, abandonment, violation of a professional licensing
39 standard regarding a child or vulnerable adult, or exploitation or
40 financial exploitation of a child or vulnerable adult under any
  p. 18  HB 2180
1 provision of law, including but not limited to chapter 13.34, 26.44,
2 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW.
3 "Civil   adjudication    proceeding"  also    includes    judicial    or
4 administrative findings that become final due to the failure of the
5 alleged   perpetrator   to    timely exercise    a   legal    right   to
6 administratively challenge such findings.
7     (6)   "Client"  or    "resident" means   a   child,    person   with
8 developmental disabilities, or vulnerable adult applying for housing
9 assistance from a business or organization.
10     (7) "Conviction record" means "conviction record" information as
11 defined in RCW 10.97.030 and 10.97.050 relating to a crime committed
12 by either an adult or a juvenile. It does not include a conviction
13 for an offense that has been the subject of an expungement, pardon,
14 annulment, certificate of rehabilitation, or other equivalent
15 procedure based on a finding of the rehabilitation of the person
16 convicted, or a conviction that has been the subject of a pardon,
17 annulment, or other equivalent procedure based on a finding of
18 innocence. It does include convictions for offenses for which the
19 defendant received a deferred or suspended sentence, unless the
20 record has been expunged according to law.
21     (8) "Covered individual" means an individual:
22     (a) Who has, seeks to have, or may have access to children, the
23 elderly, or individuals with disabilities, served by a qualified
24 entity; and
25     (b) Who:
26     (i) Is employed by, volunteers with, or contracts with, or seeks
27 to be employed by or volunteer or contract with a qualified entity;
28 or
29     (ii) Owns or operates or seeks to own or operate, a qualified
30 entity.
31     (9) "Crime against children or other persons" means a conviction
32 of any of the following offenses: Aggravated murder; first or second
33 degree murder; first or second degree kidnapping; first, second, or
34 third degree assault; fourth degree assault (if a violation of RCW
35 9A.36.041(3)); first, second, or third degree assault of a child;
36 first, second, or third degree rape; first, second, or third degree
37 rape of a child; first or second degree robbery; first degree arson;
38 first degree burglary; first or second degree manslaughter; first or
39 second degree extortion; indecent liberties; incest; vehicular
40 homicide; first degree promoting prostitution; communication with a
  p. 19  HB 2180
1 minor; unlawful imprisonment; simple assault; sexual exploitation of
2 minors; first or second degree criminal mistreatment; endangerment
3 with a controlled substance; child abuse or neglect as defined in RCW
4 26.44.020; first or second degree custodial interference; first or
5 second degree custodial sexual misconduct; hate crime; first, second,
6 or third degree child molestation; first or second degree sexual
7 misconduct with a minor; commercial sexual abuse of a minor; child
8 abandonment; promoting pornography; selling or distributing erotic
9 material to a minor; custodial assault; violation of child abuse
10 restraining order; child buying or selling; prostitution; felony
11 indecent exposure; criminal abandonment; or any of these crimes as
12 they may be renamed in the future.
13     (10) "Crimes relating to drugs" means a conviction of a crime to
14 manufacture, delivery, or possession with intent to manufacture or
15 deliver a controlled substance.
16     (11) "Crimes relating to financial exploitation" means a
17 conviction for first, second, or third degree extortion; first,
18 second, or third degree theft; first or second degree robbery;
19 forgery; or any of these crimes as they may be renamed in the future.
20     (12) "Elderly" means a person 60 years of age or older.
21     (13) "Financial exploitation" means "financial exploitation" as
22 defined in RCW 74.34.020.
23     (14) "Health care facility" means a nursing home licensed under
24 chapter 18.51 RCW, an assisted living facility licensed under chapter
25 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.
26     (15) "Individuals with disabilities" means persons with the
27 functional, mental, or physical inability to care for themselves,
28 individuals with developmental disabilities, or individuals subject
29 to a conservatorship or guardianship.
30     (16) "Peer counselor" means a nonprofessional person who has
31 equal standing with another person, providing advice on a topic about
32 which   the   nonprofessional   person   is    more   experienced   or
33 knowledgeable, and who is a counselor for a peer counseling program
34 that contracts with or is otherwise approved by the department,
35 another state or local agency, or the court.
36     (17) "Qualified entity" means a business or organization, whether
37 public, private, for profit, not for profit, or voluntary, that
38 provides care or care placement services, including a business or
39 organization that licenses or certifies others to provide care or
40 care placement services.
  p. 20  HB 2180
1     (18) "Unsupervised" means not in the presence of:
2     (a) Another employee or volunteer from the same business or
3 organization as the applicant; or
4     (b) Any relative or guardian of any of the children, the elderly,
5 or individuals with disabilities to which the applicant has access
6 during the course of his or her employment or involvement with the
7 qualified entity, business, or organization.
8     With regard to peer counselors, "unsupervised" does not include
9 incidental contact with children under age sixteen at the location at
10 which the peer counseling is taking place. "Incidental contact" means
11 minor or casual contact with a child in an area accessible to and
12 within visual or auditory range of others. It could include passing a
13 child while walking down a hallway but would not include being alone
14 with a child for any period of time in a closed room or office.
15     (19) "Vulnerable adult" means "vulnerable adult" as defined in
16 chapter 74.34 RCW, except that for the purposes of requesting and
17 receiving background checks pursuant to RCW 43.43.832, it shall also
18 include adults of any age who lack the functional, mental, or
19 physical ability to care for themselves.
20     (20) "Coach" means a person employed or volunteering as a coach,
21 manager, or supervisor of a youth athletic activity, but does not
22 include occasional assistance with or support of the youth athletic
23 activity by a person, including the actions of other volunteers or
24 employees of the youth sports organization in a passing, general, or
25 nominal manner.
26     (21)(a) "Youth sports organization" includes:
27     (i) A private for-profit or nonprofit organization that as part
28 of its core function provides persons who are less than 18 years old
29 the   opportunity  to   participate   in  scheduled   competitive  or
30 recreational sporting activities whether individually or as a team,
31 but does not include a sporting activity that is incidental to a
32 nonathletic program or lesson;
33     (ii) Interschool athletic activities governed by the Washington
34 interscholastic activities association, operated by any public school
35 as defined in RCW 28A.150.010, or operated by any private secondary
36 school including those approved under chapter 28A.195 RCW; and
37     (iii) A city or county when providing persons who are less than
38 18 years old the opportunity to participate in scheduled competitive
39 or recreational sporting activities whether individually or as a
  p. 21  HB 2180
1 team, but does not include a sporting activity that is incidental to
2 a nonathletic program or lesson.
3     (b) "Youth sports organization" does not include:
4     (i) A licensed child care center or family home provider as
5 defined in RCW 43.216.010;
6     (ii) An institution of higher education, as defined in RCW
7 28B.10.016, or a private institution of higher education; or
8     (iii)   An  organization   that   provides  the   opportunity to
9 participate in an unsupervised and unscheduled competitive or
10 recreational sporting event.
11     Sec. 5.   RCW 43.43.834 and 2005 c 421 s 3 are each amended to
12 read as follows:
13     (1) A business or organization shall not make an inquiry to the
14 Washington state patrol under RCW 43.43.832 or an equivalent inquiry
15 to a federal law enforcement agency unless the business or
16 organization has notified the applicant who may be offered a position
17 as an employee or volunteer, that an inquiry may be made.
18     (2) A business or organization shall require each applicant to
19 disclose to the business or organization whether the applicant:
20     (a) Has been convicted of a crime;
21     (b) Has had findings made against him or her in any civil
22 ((adjudicative)) adjudication proceeding as defined in RCW 43.43.830;
23 or
24     (c) Has both a conviction under (a) of this subsection and
25 findings made against him or her under (b) of this subsection.
26     (3)(a) A youth sports organization shall make an inquiry to the
27 Washington state patrol under RCW 43.43.832 or an equivalent inquiry
28 to federal law enforcement before employing any coach with any
29 associated costs related to this inquiry paid by the prospective
30 coach.
31     (b) A youth sports organization may not hire a coach if the
32 inquiry required under this subsection (3) shows that the person has
33 been convicted of a crime against children or other persons.
34     (4) The business or organization shall pay such reasonable fee
35 for the records check as the state patrol may require under RCW
36 43.43.838.
37     (((4))) (5) The business or organization shall notify the
38 applicant of the state patrol's response within ten days after
39 receipt by the business or organization. The employer shall provide a
  p. 22  HB 2180
1 copy of the response to the applicant and shall notify the applicant
2 of such availability.
3     (((5))) (6) The business or organization shall use this record
4 only in making the initial employment or engagement decision. Further
5 dissemination or use of the record is prohibited, except as provided
6 in RCW 28A.320.155. A business or organization violating this
7 subsection is subject to a civil action for damages.
8     (((6))) (7) An insurance company shall not require a business or
9 organization to request background information on any employee before
10 issuing a policy of insurance.
11     (((7))) (8) The business and organization shall be immune from
12 civil liability for failure to request background information on an
13 applicant unless the failure to do so constitutes gross negligence.
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