RCW 26.44.020
Definitions. (Effective until October 1,
2008.)
The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Court" means the superior court of the state of
Washington, juvenile department.
(2) "Law enforcement agency" means the police department,
the prosecuting attorney, the state patrol, the director of
public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric
medicine and surgery, optometry, chiropractic, nursing,
dentistry, osteopathic medicine and surgery, or medicine and
surgery or to provide other health services. The term
"practitioner" includes a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being
furnished Christian Science treatment by a duly accredited
Christian Science practitioner will not be considered, for that
reason alone, a neglected person for the purposes of this
chapter.
(4) "Institution" means a private or public hospital or any
other facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and
health services.
(6) "Child" or "children" means any person under the age of
eighteen years of age.
(7) "Professional school personnel" include, but are not
limited to, teachers, counselors, administrators, child care
facility personnel, and school nurses.
(8) "Social service counselor" means anyone engaged in a
professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support or
education of children, or providing social services to adults or
families, including mental health, drug and alcohol treatment,
and domestic violence programs, whether in an individual
capacity, or as an employee or agent of any public or private
organization or institution.
(9) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an
individual capacity or as an employee or agent of any public or
private organization or institution.
(10) "Pharmacist" means any registered pharmacist under
chapter 18.64 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or
institution.
(11) "Clergy" means any regularly licensed or ordained
minister, priest, or rabbi of any church or religious
denomination, whether acting in an individual capacity or as an
employee or agent of any public or private organization or
institution.
(12) "Abuse or neglect" means sexual abuse, sexual
exploitation, or injury of a child by any person under
circumstances which cause harm to the child's health, welfare, or
safety, excluding conduct permitted under RCW 9A.16.100; or the
negligent treatment or maltreatment of a child by a person
responsible for or providing care to the child. An abused child
is a child who has been subjected to child abuse or neglect as
defined in this section.
(13) "Child protective services section" means the child
protective services section of the department.
(14) "Sexual exploitation" includes: (a) Allowing,
permitting, or encouraging a child to engage in prostitution by
any person; or (b) allowing, permitting, encouraging, or engaging
in the obscene or pornographic photographing, filming, or
depicting of a child by any person.
(15) "Negligent treatment or maltreatment" means an act or a
failure to act, or the cumulative effects of a pattern of
conduct, behavior, or inaction, that evidences a serious
disregard of consequences of such magnitude as to constitute a
clear and present danger to a child's health, welfare, or safety,
including but not limited to conduct prohibited under RCW 9A.42.100. When considering whether a clear and present danger
exists, evidence of a parent's substance abuse as a contributing
factor to negligent treatment or maltreatment shall be given
great weight. The fact that siblings share a bedroom is not, in
and of itself, negligent treatment or maltreatment. Poverty,
homelessness, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the
child does not constitute negligent treatment or maltreatment in
and of itself.
(16) "Child protective services" means those services
provided by the department designed to protect children from
child abuse and neglect and safeguard such children from future
abuse and neglect, and conduct investigations of child abuse and
neglect reports. Investigations may be conducted regardless of
the location of the alleged abuse or neglect. Child protective
services includes referral to services to ameliorate conditions
that endanger the welfare of children, the coordination of
necessary programs and services relevant to the prevention,
intervention, and treatment of child abuse and neglect, and
services to children to ensure that each child has a permanent
home. In determining whether protective services should be
provided, the department shall not decline to provide such
services solely because of the child's unwillingness or
developmental inability to describe the nature and severity of
the abuse or neglect.
(17) "Malice" or "maliciously" means an evil intent, wish,
or design to vex, annoy, or injure another person. Such malice
may be inferred from an act done in willful disregard of the
rights of another, or an act wrongfully done without just cause
or excuse, or an act or omission of duty betraying a willful
disregard of social duty.
(18) "Sexually aggressive youth" means a child who is
defined in RCW 74.13.075(1)(b) as being a sexually aggressive
youth.
(19) "Unfounded" means available information indicates that,
more likely than not, child abuse or neglect did not occur. No
unfounded allegation of child abuse or neglect may be disclosed
to a child-placing agency, private adoption agency, or any other
provider licensed under chapter 74.15 RCW.
[2006 c 339 § 108; 2005 c 512 § 5; 2000 c 162 § 19; 1999 c 176 § 29; 1998 c 314 § 7. Prior: 1997 c 386 § 45; 1997 c 386 § 24; 1997 c 282 § 4; 1997 c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12; 1993 c 402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9; 1987 c 206 § 2; 1984 c 97 § 2; 1982 c 129 § 6; 1981 c 164 § 1; 1977 ex.s. c 80 § 25; 1975 1st ex.s. c 217 § 2; 1969 ex.s. c 35 § 2; 1965 c 13 § 2.]
NOTES:
Effective date -- 2006 c 339 § 108: "Section 108 of this act takes effect January 1, 2007." [2006 c 339 § 404.]
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Finding -- Intent -- Effective date -- Short title -- 2005 c 512: See notes following RCW 26.44.100.
Findings -- Purpose -- Severability -- Conflict with federal requirements -- 1999 c 176: See notes following RCW 74.34.005.
Application -- Effective date -- 1997 c 386: See notes following RCW 13.50.010.
Findings -- 1997 c 132: "The legislature finds that housing is frequently influenced by the economic situation faced by the family. This may include siblings sharing a bedroom. The legislature also finds that the family living situation due to economic circumstances in and of itself is not sufficient to justify a finding of child abuse, negligent treatment, or maltreatment." [1997 c 132 § 1.]
Effective date -- 1996 c 178: See note following RCW 18.35.110.
Severability -- 1984 c 97: See RCW 74.34.900.
Severability -- 1982 c 129: See note following RCW 9A.04.080.
Purpose -- Intent -- Severability -- 1977 ex.s. c 80: See notes following RCW 4.16.190.
RCW 26.44.020
Definitions. (Effective October 1, 2008.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Abuse or neglect" means sexual abuse, sexual
exploitation, or injury of a child by any person under
circumstances which cause harm to the child's health, welfare, or
safety, excluding conduct permitted under RCW 9A.16.100; or the
negligent treatment or maltreatment of a child by a person
responsible for or providing care to the child. An abused child
is a child who has been subjected to child abuse or neglect as
defined in this section.
(2) "Child" or "children" means any person under the age of
eighteen years of age.
(3) "Child protective services" means those services
provided by the department designed to protect children from
child abuse and neglect and safeguard such children from future
abuse and neglect, and conduct investigations of child abuse and
neglect reports. Investigations may be conducted regardless of
the location of the alleged abuse or neglect. Child protective
services includes referral to services to ameliorate conditions
that endanger the welfare of children, the coordination of
necessary programs and services relevant to the prevention,
intervention, and treatment of child abuse and neglect, and
services to children to ensure that each child has a permanent
home. In determining whether protective services should be
provided, the department shall not decline to provide such
services solely because of the child's unwillingness or
developmental inability to describe the nature and severity of
the abuse or neglect.
(4) "Child protective services section" means the child
protective services section of the department.
(5) "Clergy" means any regularly licensed or ordained
minister, priest, or rabbi of any church or religious
denomination, whether acting in an individual capacity or as an
employee or agent of any public or private organization or
institution.
(6) "Court" means the superior court of the state of
Washington, juvenile department.
(7) "Department" means the state department of social and
health services.
(8) "Founded" means the determination following an
investigation by the department that, based on available
information, it is more likely than not that child abuse or
neglect did occur.
(9) "Inconclusive" means the determination following an
investigation by the department, prior to October 1, 2008, that
based on available information a decision cannot be made that
more likely than not, child abuse or neglect did or did not
occur.
(10) "Institution" means a private or public hospital or any
other facility providing medical diagnosis, treatment, or care.
(11) "Law enforcement agency" means the police department,
the prosecuting attorney, the state patrol, the director of
public safety, or the office of the sheriff.
(12) "Malice" or "maliciously" means an intent, wish, or
design to intimidate, annoy, or injure another person. Such
malice may be inferred from an act done in willful disregard of
the rights of another, or an act wrongfully done without just
cause or excuse, or an act or omission of duty betraying a
willful disregard of social duty.
(13) "Negligent treatment or maltreatment" means an act or a
failure to act, or the cumulative effects of a pattern of
conduct, behavior, or inaction, that evidences a serious
disregard of consequences of such magnitude as to constitute a
clear and present danger to a child's health, welfare, or safety,
including but not limited to conduct prohibited under RCW 9A.42.100. When considering whether a clear and present danger
exists, evidence of a parent's substance abuse as a contributing
factor to negligent treatment or maltreatment shall be given
great weight. The fact that siblings share a bedroom is not, in
and of itself, negligent treatment or maltreatment. Poverty,
homelessness, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the
child does not constitute negligent treatment or maltreatment in
and of itself.
(14) "Pharmacist" means any registered pharmacist under
chapter 18.64 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or
institution.
(15) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric
medicine and surgery, optometry, chiropractic, nursing,
dentistry, osteopathic medicine and surgery, or medicine and
surgery or to provide other health services. The term
"practitioner" includes a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being
furnished Christian Science treatment by a duly accredited
Christian Science practitioner will not be considered, for that
reason alone, a neglected person for the purposes of this
chapter.
(16) "Professional school personnel" include, but are not
limited to, teachers, counselors, administrators, child care
facility personnel, and school nurses.
(17) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an
individual capacity or as an employee or agent of any public or
private organization or institution.
(18) "Screened-out report" means a report of alleged child
abuse or neglect that the department has determined does not rise
to the level of a credible report of abuse or neglect and is not
referred for investigation.
(19) "Sexual exploitation" includes: (a) Allowing,
permitting, or encouraging a child to engage in prostitution by
any person; or (b) allowing, permitting, encouraging, or engaging
in the obscene or pornographic photographing, filming, or
depicting of a child by any person.
(20) "Sexually aggressive youth" means a child who is
defined in RCW 74.13.075(1)(b) as being a sexually aggressive
youth.
(21) "Social service counselor" means anyone engaged in a
professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support or education of children, or providing social services to adults
or families, including mental health, drug and alcohol treatment,
and domestic violence programs, whether in an individual
capacity, or as an employee or agent of any public or private
organization or institution.
(22) "Unfounded" means the determination following an
investigation by the department that available information
indicates that, more likely than not, child abuse or neglect did
not occur, or that there is insufficient evidence for the
department to determine whether the alleged child abuse did or
did not occur.
[2007 c 220 § 1; 2006 c 339 § 108; (2006 c 339 § 107 expired January 1, 2007); 2005 c 512 § 5; 2000 c 162 § 19; 1999 c 176 § 29; 1998 c 314 § 7. Prior: 1997 c 386 § 45; 1997 c 386 § 24; 1997 c 282 § 4; 1997 c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12; 1993 c 402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9; 1987 c 206 § 2; 1984 c 97 § 2; 1982 c 129 § 6; 1981 c 164 § 1; 1977 ex.s. c 80 § 25; 1975 1st ex.s. c 217 § 2; 1969 ex.s. c 35 § 2; 1965 c 13 § 2.]
NOTES:
Effective date -- 2007 c 220 §§ 1-3: "Sections 1 through 3 of this act take effect October 1, 2008." [2007 c 220 § 10.]
Implementation -- 2007 c 220 §§ 1-3: "The secretary of the department of social and health services may take the necessary steps to ensure that sections 1 through 3 of this act are implemented on their effective date." [2007 c 220 § 11.]
Effective date -- 2006 c 339 § 108: "Section 108 of this act takes effect January 1, 2007." [2006 c 339 § 404.]
Expiration date -- 2006 c 339 § 107: "Section 107 of this act expires January 1, 2007." [2006 c 339 § 403.]
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Finding -- Intent -- Effective date -- Short title -- 2005 c 512: See notes following RCW 26.44.100.
Findings -- Purpose -- Severability -- Conflict with federal requirements -- 1999 c 176: See notes following RCW 74.34.005.
Application -- Effective date -- 1997 c 386: See notes following RCW 13.50.010.
Findings -- 1997 c 132: "The legislature finds that housing is frequently influenced by the economic situation faced by the family. This may include siblings sharing a bedroom. The legislature also finds that the family living situation due to economic circumstances in and of itself is not sufficient to justify a finding of child abuse, negligent treatment, or maltreatment." [1997 c 132 § 1.]
Effective date -- 1996 c 178: See note following RCW 18.35.110.
Severability -- 1984 c 97: See RCW 74.34.900.
Severability -- 1982 c 129: See note following RCW 9A.04.080.
Purpose -- Intent -- Severability -- 1977 ex.s. c 80: See notes following RCW 4.16.190.