The department determines whether children or youth have been abused or neglected based on RCW 26.44.020 and the following:
(1) Physical abuse means the nonaccidental infliction of physical injury or physical mistreatment on a child or youth that harms their health, welfare, or safety. It includes, but is not limited to:
(a) Throwing, kicking, burning, or cutting a child or youth;
(b) Striking a child or youth with a closed fist;
(c) Shaking a child under age three;
(d) Interfering with a child's or youth's breathing;
(e) Threatening a child or youth with a deadly weapon;
(f) Performing female genital mutilation as defined in RCW 18.130.460; or
(g) Doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks or that is injurious to the child's or youth's health, welfare, or safety;
(2) Physical discipline of a child or youth, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child or youth. Factors considered when determining whether bodily harm was not reasonable or moderate include, but are not limited to:
(a) The age, size, and condition of the child or youth;
(b) The location of any inflicted injury;
(c) The developmental level of the child or youth;
(d) The nature of the child's or youth's misconduct; and
(e) Whether a parent or guardian believes that it is necessary to punish a child or youth with the use of excessive or unreasonable force;
(3) Sexual abuse means:
(a) Committing or allowing any sexual offense to be committed against a child or youth as defined in the criminal code;
(b) Intentionally touching, either directly or over the clothing, of the sexual or other intimate parts of a child or youth. Exceptions include the following who may touch a child or youth in the sexual or other intimate parts for the purposes of providing hygienic care or medical treatment and diagnosis:
(i) Parents or guardians of a child or youth;
(ii) Individuals authorized by the parents or guardians to provide care for the child or youth; or
(iii) Individuals providing medically recognized services for the child or youth; or
(c) Intentionally allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child or youth to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the individual touching the child or youth, the child or youth, or a third party;
(4) Trafficking means the same as defined in RCW 9A.40.100 and includes the following as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. Sec. 7101 et. seq.:
(a) Sex trafficking includes harboring, transporting, provision, obtaining, patronizing, or soliciting an individual for the purpose of a commercial sex act; and
(b) Severe forms of trafficking in persons includes:
(i) Recruiting, harboring, transporting, provision, or obtaining individuals for labor or services using force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery, commonly known as labor trafficking; or
(ii) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or the individual persuaded to perform the act is under 18 years old;
(5) Sexual exploitation means the same as defined in RCW 26.44.020, which includes commercial sexual exploitation. Actions include, but are not limited to, allowing, compelling, encouraging, aiding, or otherwise causing a child or youth to participate in one or more of the following:
(a) Any sex act that includes giving or receiving anything of value to any individual for the sex act;
(b) Sexually explicit, obscene, or pornographic activity to be photographed, filmed, or electronically reproduced or transmitted; or
(c) Sexually explicit, obscene, or pornographic activity as part of a live performance or for the benefit or sexual gratification of another individual; and
(6) Negligent treatment or maltreatment means the same as defined in RCW 26.44.020. Suspected or diagnosed disabilities do not, in and of itself, constitute negligent treatment or maltreatment. A child or youth does not have to suffer actual damage or physical or emotional harm to be in circumstances that create a clear and present danger to their health, welfare, or safety. Negligent treatment or maltreatment may include, but is not limited to:
(a) Failure to provide adequate food, shelter, clothing, supervision, or health care;
(b) Actions, failures to act, or omissions that result in injury or risk of injury to the physical, emotional,or cognitive development of a child or youth including, but is not limited to, allowing, permitting, compelling, encouraging, aiding in female genital mutilation as defined in RCW 18.130.460;
(c) The cumulative effects of a pattern of conduct, behavior, or inaction by a parent or guardian in providing for the physical, emotional or developmental needs of the child or youth; or
(d) The effects of chronic failure on the part of a parent or guardian to perform basic parental functions, obligations, or duties that causes injury or substantial risk of injury to the physical, emotional, or cognitive development of the child or youth.
[Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-30-0030, filed 4/14/26, effective 5/15/26. WSR 18-14-078, recodified as § 110-30-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 74.04.050, 74.13.031, and chapter 26.44 RCW. WSR 17-22-059, § 388-15-009, filed 10/26/17, effective 11/26/17. Statutory Authority: RCW 74.08.090, 74.04.050, 74.13.031, chapter 26.44 RCW, and 2005 c 512. WSR 07-14-011, § 388-15-009, filed 6/22/07, effective 7/23/07. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-009, filed 7/16/02 and 8/14/02, effective 2/10/03.]