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Washington

Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Registered or licensed nurses, social service counselors, psychologists, or pharmacists
  • Practitioners
  • County coroners
  • Medical examiners
  • Professional school personnel
  • Any adult with whom a child resides

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • A report is required when:
    • A reporter has reasonable cause to believe that a child has suffered abuse or neglect.
    • Any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority.
    • Department of Corrections personnel observe offenders or the children with whom the offenders are in contact, and as a result of these observations have reasonable cause to believe that a child has suffered abuse or neglect.
    • Any adult has reasonable cause to believe that a child who resides with them has suffered severe abuse.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report abuse or neglect as defined by Washington Statute 26.44.020 and legal guidance interpreting the statute.

    • "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.

      • "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.
      • "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.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For the most current definitions of these terms, refer to the Revised Codes of Washington at the Washington Legislature website.

How to report:

What is the method of reporting?

  • An oral report must be made immediately and it is to be followed by a written report.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.  

What is the timeline in which to report?

  • When any mandated reporter has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall make a report to the law enforcement agency or to the Department of Social and Health Services.

  • The report must be made at the first opportunity, but in no case longer than 48 hours after there is reasonable cause to believe that the child has suffered abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.  

To whom are reports made?

  • An immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the Department of Social and Health Services and, upon request, must be followed by a report in writing.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.  

State/County Hotline?

  • Child Abuse and Neglect Hotline (24 hours-a-day, 7 days-a-week)
  • Toll free: 1-866-364276
  • TTY: 1-800-624-6186

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11

  • HIPAA 45 CFR 164.502
     

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.