AGING AND DISABILITY SERVICES ADMINISTRATION
June 9, 2003
ADSA: AFH #2003-008
CHAPTER 74.34 RCW – ABUSE OF VULNERABLE ADULTS
Dear Adult Family Home Provider:
The legislature recently passed Engrossed Substitute House Bill 1904 – An act relating to the reporting of incidents by mandated reporters; amending RCW 74.34.020 and 74.34.035; and declaring an emergency. The Governor signed the bill, which became effective on May 12, 2003.
The bill:
- Makes technical changes to the definition of neglect;
- Separates the reporting requirements for sexual and physical assault for clarity; and
- Changes the reporting requirements for calling law enforcement after certain physical assaults between vulnerable adults.
The bill does not:
- Change the requirements related to calling the department; or
- Prohibit the mandated reporter from calling law enforcement for certain physical assault incidents between vulnerable adults, should they choose to do so.
The following excerpt from Section 2 of the bill spells out the new language
related to reporting physical assault incidents between vulnerable adults and
calling law enforcement:
(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.
(4)(c) refers to a pattern of physical assault by the same vulnerable adult. In other words if a vulnerable adult is involved in a pattern of physically assaulting other residents, or is targeting one other vulnerable adult, then those incidents should be called to law enforcement.
Remember that the bill does not change any of the requirements related to reporting to the department. The bill also does not prohibit you from notifying law enforcement on all physical assault incidents between vulnerable adults.
Some adult family home reporting requirements found at Washington Administrative Code (WAC) 388-76-675 continue to be applicable. The reporting to law enforcement requirements found at WAC 388-76-675(5) will be modified in accordance with the changes to chapter 74.34 Revised Code of Washington (RCW). See the enclosed CR-101 – Preproposal Statement of Inquiry, regarding notice of intent to change rules.
A copy of the bill has been enclosed for your convenience. The document contains
deleted language, represented by a line drawn through it, or new language,
represented by underlining. It can also be accessed at:
http://www.leg.wa.gov/pub/billinfo/2003-04/House/1900-1924/1904-s_pl.pdf.
If you have any questions about the changes to the mandated reporting law, please contact your RCS Field Manager.
Sincerely,
Patricia K. Lashway, Director
Residential Care Services
