2013 Revised Code of Washington
Title 74 - PUBLIC ASSISTANCE
74.13 Child welfare services.
74.13.280 Client information.

RCW 74.13.280 Client information. (Effective until July 1, 2014.)

(1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a supervising agency, the department or agency shall share information known to the department or agency about the child and the child's family with the care provider and shall consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or supervising agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

     (2) Information about the child and the child's family shall include information known to the department or agency as to whether the child is a sexually reactive child, has exhibited high-risk behaviors, or is physically assaultive or physically aggressive, as defined in this section.

     (3) Information about the child shall also include information known to the department or agency that the child:

     (a) Has received a medical diagnosis of fetal alcohol syndrome or fetal alcohol effect;

     (b) Has been diagnosed by a qualified mental health professional as having a mental health disorder;

     (c) Has witnessed a death or substantial physical violence in the past or recent past; or

     (d) Was a victim of sexual or severe physical abuse in the recent past.

     (4) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law. Care providers shall agree in writing to keep the information that they receive confidential and shall affirm that the information will not be further disclosed or disseminated, except as authorized by law.

     (5) Nothing in this section shall be construed to limit the authority of the department or supervising agencies to disclose client information or to maintain client confidentiality as provided by law.

     (6) As used in this section:

     (a) "Sexually reactive child" means a child who exhibits sexual behavior problems including, but not limited to, sexual behaviors that are developmentally inappropriate for their age or are harmful to the child or others.

     (b) "High-risk behavior" means an observed or reported and documented history of one or more of the following:

     (i) Suicide attempts or suicidal behavior or ideation;

     (ii) Self-mutilation or similar self-destructive behavior;

     (iii) Fire-setting or a developmentally inappropriate fascination with fire;

     (iv) Animal torture;

     (v) Property destruction; or

     (vi) Substance or alcohol abuse.

     (c) "Physically assaultive or physically aggressive" means a child who exhibits one or more of the following behaviors that are developmentally inappropriate and harmful to the child or to others:

     (i) Observed assaultive behavior;

     (ii) Reported and documented history of the child willfully assaulting or inflicting bodily harm; or

     (iii) Attempting to assault or inflict bodily harm on other children or adults under circumstances where the child has the apparent ability or capability to carry out the attempted assaults including threats to use a weapon.

[2009 c 520 § 72. Prior: 2007 c 409 § 6; 2007 c 220 § 4; 2001 c 318 § 3; 1997 c 272 § 7; 1995 c 311 § 21; 1991 c 340 § 4; 1990 c 284 § 10.]

Notes:

Effective date -- 2007 c 409: See note following RCW 13.34.096.      Effective date -- 1997 c 272: See note following RCW 74.13.031.      Finding -- Effective date -- 1990 c 284: See notes following RCW 74.13.250.

RCW 74.13.280

Client information. (Effective July 1, 2014.)

(1) Except as provided in RCW 70.02.220, whenever a child is placed in out-of-home care by the department or a supervising agency, the department or agency shall share information known to the department or agency about the child and the child's family with the care provider and shall consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or supervising agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

     (2) Information about the child and the child's family shall include information known to the department or agency as to whether the child is a sexually reactive child, has exhibited high-risk behaviors, or is physically assaultive or physically aggressive, as defined in this section.

     (3) Information about the child shall also include information known to the department or agency that the child:

     (a) Has received a medical diagnosis of fetal alcohol syndrome or fetal alcohol effect;

     (b) Has been diagnosed by a qualified mental health professional as having a mental health disorder;

     (c) Has witnessed a death or substantial physical violence in the past or recent past; or

     (d) Was a victim of sexual or severe physical abuse in the recent past.

     (4) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law. Care providers shall agree in writing to keep the information that they receive confidential and shall affirm that the information will not be further disclosed or disseminated, except as authorized by law.

     (5) Nothing in this section shall be construed to limit the authority of the department or supervising agencies to disclose client information or to maintain client confidentiality as provided by law.

     (6) As used in this section:

     (a) "Sexually reactive child" means a child who exhibits sexual behavior problems including, but not limited to, sexual behaviors that are developmentally inappropriate for their age or are harmful to the child or others.

     (b) "High-risk behavior" means an observed or reported and documented history of one or more of the following:

     (i) Suicide attempts or suicidal behavior or ideation;

     (ii) Self-mutilation or similar self-destructive behavior;

     (iii) Fire-setting or a developmentally inappropriate fascination with fire;

     (iv) Animal torture;

     (v) Property destruction; or

     (vi) Substance or alcohol abuse.

     (c) "Physically assaultive or physically aggressive" means a child who exhibits one or more of the following behaviors that are developmentally inappropriate and harmful to the child or to others:

     (i) Observed assaultive behavior;

     (ii) Reported and documented history of the child willfully assaulting or inflicting bodily harm; or

     (iii) Attempting to assault or inflict bodily harm on other children or adults under circumstances where the child has the apparent ability or capability to carry out the attempted assaults including threats to use a weapon.

[2013 c 200 § 28; 2009 c 520 § 72. Prior: 2007 c 409 § 6; 2007 c 220 § 4; 2001 c 318 § 3; 1997 c 272 § 7; 1995 c 311 § 21; 1991 c 340 § 4; 1990 c 284 § 10.]

Notes:

Effective date -- 2013 c 200: See note following RCW 70.02.010.      Effective date -- 2007 c 409: See note following RCW 13.34.096.      Effective date -- 1997 c 272: See note following RCW 74.13.031.      Finding -- Effective date -- 1990 c 284: See notes following RCW 74.13.250.