Title 26 — Title 26 DOMESTIC RELATIONS
26 chapters · 696 sections in this title.
RCW 26.44.010 Declaration of purpose.
2.2K chars
The Washington state legislature finds and declares: The bond between a child and his or her parent, custodian, or guardian is of paramount importance, and any intervention into the life of a child is also an intervention into the life of the parent, custodian, or guardian; howev…
RCW 26.44.015 Limitations of chapter.
0.9K chars
(1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child's health, welfare, or safety.(2) Nothing in this chapter may be used to prohibit the reasonable use of co…
RCW 26.44.020 Definitions.
17.7K chars
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abuse or neglect" means sexual abuse, sexual exploitation, female genital mutilation as defined in RCW 18.130.460, trafficking as described in RCW 9A.40.100, sex traff…
RCW 26.44.030 Reports—Duty and authority to make—Duty of receiving agency—Duty to notify—Case planning and consultation—Penalty for unauthorized exchange of information—Filing dependency petitions—Investigations—Interviews of children—Records—Risk assessment process.
29.9K chars
(1)(a) When any member of the clergy, practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of children, youth, and fam…
RCW 26.44.031 Records—Maintenance and disclosure—Destruction of screened-out, unfounded, or inconclusive reports—Rules—Proceedings for enforcement.
3.0K chars
(1) To protect the privacy in reporting and the maintenance of reports of nonaccidental injury, neglect, death, sexual abuse, and cruelty to children by their parents, and to safeguard against arbitrary, malicious, or erroneous information or actions, the department shall not dis…
RCW 26.44.032 Legal defense of public employee.
0.5K chars
In cases in which a public employee subject to RCW 26.44.030 acts in good faith and without gross negligence in his or her reporting duty, and if the employee's judgment as to what constitutes reasonable cause to believe that a child has suffered abuse or neglect is being challen…
RCW 26.44.035 Response to complaint by more than one agency—Procedure—Written records.
1.6K chars
(1) If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the inv…
RCW 26.44.040 Reports—Oral, written—Contents.
1.5K chars
An immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the department and, upon request, must be followed by a report in writing. Such reports must contain the following information, if known:(1) The name, address, and age of the c…
RCW 26.44.050 Abuse or neglect of child—Duty of law enforcement agency or department of children, youth, and families—Taking child into custody without court order, when.
2.2K chars
(1) Except as provided in RCW 26.44.030(12), upon the receipt of a report alleging that abuse or neglect has occurred, the law enforcement agency or the department must investigate and provide the protective services section with a report in accordance with chapter 74.13 RCW, and…
RCW 26.44.053 Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure.
2.2K chars
(1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad li…
RCW 26.44.056 Protective detention or custody of abused child—Probable cause—Notice—Time limits—Liability.
1.8K chars
(1) An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if there is probable cause …
RCW 26.44.060 Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.
2.2K chars
(1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter, testifying as to alleged child abuse or neglect in a judicial proceeding, or otherwise providing information or assistance, including me…
RCW 26.44.061 False reporting—Statement warning against—Determination letter and referral.
1.0K chars
(1) The child protective services section shall prepare a statement warning against false reporting of alleged child abuse or neglect for inclusion in any instructions, informational brochures, educational forms, and handbooks developed or prepared for or by the department and re…
RCW 26.44.063 Temporary restraining order or preliminary injunction—Enforcement—Notice of modification or termination of restraining order.
4.6K chars
(1) It is the intent of the legislature to minimize trauma to a child involved in an allegation of sexual or physical abuse. The legislature declares that removing the child from the home or the care of a parent, guardian, or legal custodian often has the effect of further trauma…
RCW 26.44.067 Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.
1.4K chars
(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…
RCW 26.44.075 Inclusion of number of child abuse reports and cases in prosecuting attorney's annual report.
0.3K chars
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 s 4.]Notes:Legislative findings—1985 c 259: …
RCW 26.44.080 Violation—Penalty.
0.3K chars
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 s 10; 1971 ex.s. c 167 s 3.]Notes:Severa…
RCW 26.44.100 Information about rights—Legislative purpose—Notification of investigation, report, and findings.
4.8K chars
(1) The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of…
RCW 26.44.105 Information about rights—Oral and written information—Copies of dependency petition and any court order.
0.8K chars
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 dependen…
RCW 26.44.110 Information about rights—Custody without court order—Written statement required—Contents.
0.4K chars
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 chi…
RCW 26.44.115 Child taken into custody under court order—Information to parents.
0.6K chars
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 int…
RCW 26.44.120 Information about rights—Notice to noncustodial parent.
0.4K chars
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 no…
RCW 26.44.125 Alleged perpetrators—Right to review and amendment of finding—Hearing.
4.0K chars
(1) A person who is named as an alleged perpetrator after October 1, 1998, in a founded report of child abuse or neglect has the right to seek review and amendment of the finding as provided in this section.(2) Within thirty calendar days after the department has notified the all…
RCW 26.44.130 Arrest without warrant.
0.5K chars
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…
RCW 26.44.140 Treatment for abusive person removed from home.
1.8K chars
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 w…
RCW 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order.
1.3K chars
(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…
RCW 26.44.160 Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment.
2.5K chars
(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 m…
RCW 26.44.170 Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor—Evaluation.
1.2K chars
(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…
RCW 26.44.175 Multidisciplinary child protection teams—Information sharing—Confidentiality—Immunity from liability.
4.0K chars
(1) The legislature finds that the purpose of multidisciplinary child protection teams as described in RCW 26.44.180 (1) and (2) is to ensure the protection and well-being of the child and to advance and coordinate the prompt investigation of suspected cases of child abuse or neg…
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.
2.1K chars
(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 an…
RCW 26.44.185 Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases.
1.4K chars
(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 …
RCW 26.44.186 Child forensic interview recordings disclosed in a criminal or civil proceeding subject to protective order—Civil penalties and sanctions.
1.9K chars
(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 protect…
RCW 26.44.187 Child forensic interviews—Audio/video recordings exempt from disclosure under public records act—Court order required for disclosure.
1.0K chars
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 t…
RCW 26.44.188 Finding—Intent—Restrictions on dissemination of child forensic interview recordings.
1.0K chars
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…
RCW 26.44.189 Child forensic interview peer reviews—Confidentiality agreements.
1.2K chars
(1) Statewide and regional peer review of child forensic interviews serve as quality assurance mechanisms that reinforce the methodologies utilized in child forensic interviewing and provide support and problem solving for participants.(2) Child forensic interview recordings of c…
RCW 26.44.190 Investigation of child abuse or neglect—Participation by law enforcement officer.
1.2K chars
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…
RCW 26.44.195 Negligent treatment or maltreatment—Offer of services—Evidence of substance abuse—In-home services—Initiation of dependency proceedings.
2.5K chars
(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 l…
RCW 26.44.200 Methamphetamine manufacture—Presence of child.
0.7K chars
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 sa…
RCW 26.44.210 Alleged child abuse or neglect at certain facilities and schools—Investigation by department—Investigation report.
2.3K chars
(1)(a) The department shall investigate all referrals of alleged child abuse or neglect occurring at the Washington center for deaf and hard of hearing youth, substance use disorder treatment facilities licensed under chapter 71.24 RCW that treat patients on a residential basis, …
RCW 26.44.220 Abuse of adolescents—Staff training curriculum.
2.3K chars
(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 ne…
RCW 26.44.240 Out-of-home care—Emergency placement—Criminal history record check.
2.6K chars
(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…
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.
0.9K chars
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 no…
RCW 26.44.260 Family assessment response.
2.7K chars
(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 s…
RCW 26.44.270 Family assessment—Recommendation of services.
0.8K chars
(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 guard…
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.
2.6K chars
(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 t…
RCW 26.44.275 Commercial sexual abuse—Use of validated assessment tool to screen.
0.9K chars
(1) The department must use a validated assessment tool to screen a child for commercial sexual abuse of a minor if a report of abuse and neglect under RCW 26.44.030 alleges commercial sexual abuse of a minor.(2) Whenever there is reasonable cause to believe that a child under th…
RCW 26.44.280 Liability limited.
0.5K chars
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 …
RCW 26.44.290 Near fatalities—Review of case files—Investigation.
1.0K chars
(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 allega…
RCW 26.44.901 Construction—Prevention services.
0.2K chars
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 s 16.]