Revised Code of Washington
Chapter 26.44 - Abuse of Children.
26.44.060 - Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.

RCW 26.44.060
Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.

(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 medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall in so doing be immune from any civil or criminal liability arising out of such reporting or testifying under any law of this state or its political subdivisions.
(b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.
(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.
(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.
(4) A person who, intentionally and in bad faith, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.
(5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter, shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the child abuse or neglect to occur.

[ 2020 c 71 § 2; 2007 c 118 § 1; 2004 c 37 § 1; 1997 c 386 § 29; 1988 c 142 § 3; 1982 c 129 § 9; 1975 1st ex.s. c 217 § 6; 1965 c 13 § 6.]
NOTES:

Application—Effective date—1997 c 386: See notes following RCW 13.50.010.


Severability—1982 c 129: See note following RCW 9A.04.080.


Nurse-patient privilege subject to RCW 26.44.060(3): RCW 5.62.030.

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.44 - Abuse of Children.

26.44.010 - Declaration of purpose.

26.44.015 - Limitations of chapter.

26.44.020 - Definitions.

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 asse...

26.44.031 - Records—Maintenance and disclosure—Destruction of screened-out, unfounded, or inconclusive reports—Rules—Proceedings for enforcement.

26.44.032 - Legal defense of public employee.

26.44.035 - Response to complaint by more than one agency—Procedure—Written records.

26.44.040 - Reports—Oral, written—Contents.

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.

26.44.053 - Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure.

26.44.056 - Protective detention or custody of abused child—Reasonable cause—Notice—Time limits—Monitoring plan—Liability.

26.44.060 - Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.

26.44.061 - False reporting—Statement warning against—Determination letter and referral.

26.44.063 - Temporary restraining order or preliminary injunction—Enforcement—Notice of modification or termination of restraining order.

26.44.067 - Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.

26.44.075 - Inclusion of number of child abuse reports and cases in prosecuting attorney's annual report.

26.44.080 - Violation—Penalty.

26.44.100 - Information about rights—Legislative purpose—Notification of investigation, report, and findings.

26.44.105 - Information about rights—Oral and written information—Copies of dependency petition and any court order.

26.44.110 - Information about rights—Custody without court order—Written statement required—Contents.

26.44.115 - Child taken into custody under court order—Information to parents.

26.44.120 - Information about rights—Notice to noncustodial parent.

26.44.125 - Alleged perpetrators—Right to review and amendment of finding—Hearing.

26.44.130 - Arrest without warrant.

26.44.140 - Treatment for abusive person removed from home.

26.44.150 - Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order.

26.44.160 - Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment.

26.44.170 - Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor—Evaluation.

26.44.175 - Multidisciplinary child protection teams—Information sharing—Confidentiality—Immunity from liability.

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.

26.44.185 - Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases.

26.44.186 - Child forensic interview recordings disclosed in a criminal or civil proceeding subject to protective order—Civil penalties and sanctions.

26.44.187 - Child forensic interviews—Audio/video recordings exempt from disclosure under public records act—Court order required for disclosure.

26.44.188 - Finding—Intent—Restrictions on dissemination of child forensic interview recordings.

26.44.190 - Investigation of child abuse or neglect—Participation by law enforcement officer.

26.44.195 - Negligent treatment or maltreatment—Offer of services—Evidence of substance abuse—In-home services—Initiation of dependency proceedings.

26.44.200 - Methamphetamine manufacture—Presence of child.

26.44.210 - Alleged child abuse or neglect at the state school for the deaf—Investigation by department—Investigation report.

26.44.220 - Abuse of adolescents—Staff training curriculum.

26.44.240 - Out-of-home care—Emergency placement—Criminal history record check.

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.

26.44.260 - Family assessment response.

26.44.270 - Family assessment—Recommendation of services.

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.

26.44.280 - Liability limited.

26.44.290 - Near fatalities—Review of case files—Investigation.

26.44.901 - Construction—Prevention services.