AGING AND DISABILITY SERVICES ADMINISTRATION

June 9, 2003

ADSA: BH #2003-013
CHAPTER 74.34 RCW – ABUSE OF VULNERABLE ADULTS

Dear Boarding 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.

Boarding home reporting requirements found at Washington Administrative Code 388-78A-055 continue to be applicable.

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. The bill can also be accessed online 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

Enclosure:
ESHB 1904