(1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.

     (2) When there is reason to suspect that sexual assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.

     (3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:

     (a) Mandated reporters shall immediately report to the department; and

     (b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.

     (4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:

     (a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;

     (b) There is a fracture;

     (c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or

     (d) There is an attempt to choke a vulnerable adult.

     (5) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.

     (6) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.

     (7) Each report, oral or written, must contain as much as possible of the following information:

     (a) The name and address of the person making the report;

     (b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;

     (c) The name and address of the legal guardian or alternate decision maker;

     (d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;

     (e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;

     (f) The identity of the alleged perpetrator, if known; and

     (g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.

     (8) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

[2003 c 230 § 2; 1999 c 176 § 5.]

NOTES:

     Effective date -- 2003 c 230: See note following RCW 74.34.020.

     Findings -- Purpose -- Severability -- Conflict with federal requirements -- 1999 c 176: See notes following RCW 74.34.005.