(Effective until June 5, 2026)
(1) CPS must assess all reports that meet the definition of child abuse or neglect using a risk assessment process to determine level of risk and response time.
(2) CPS must provide an in-person response to alleged victims and must attempt an in-person response to the alleged perpetrator of child abuse and neglect in referrals assessed at moderate to high risk.
(3) CPS may refer reports assessed at low to moderately low risk to an alternative response system.
(4) CPS may interview a child, outside the presence of the parent, without prior parental notification or consent (RCW 26.44.030(10)).
(5) Unless the child objects, CPS must make reasonable efforts to have a third party present at the interview so long as the third party does not jeopardize the investigation (RCW 26.44.030).
(6) CPS may photograph the alleged child victim to document the physical condition of the child (RCW 26.44.050).
(7) CPS attempts to complete investigations within forty-five days. In no case shall the investigation extend beyond ninety days unless the investigation is being conducted under local protocol, established pursuant to chapter 26.44 RCW, and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary.
[WSR 18-14-078, recodified as § 110-30-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapter 26.44 RCW, RCW 74.08.090, 74.13.031, 74.04.050, and 2007 c 220. WSR 09-07-001, § 388-15-021, filed 3/4/09, effective 4/4/09. Statutory Authority: RCW 74.13.031, 74.04.050 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-021, filed 7/16/02 and 8/14/02, effective 2/10/03.]
(Effective June 5, 2026)
The department:
(1) Must:
(a) Complete the following when responding to reports of allegations of abuse or neglect:
(i) Assess all reports of alleged abuse or neglect as defined in WAC 110-30-0030 using a risk assessment process to determine program type, risk level, and response time;
(ii) Provide an in-person response to:
(A) Alleged victims or identified children or youth within the following time frames from the date and time the report was received:
(I) Twenty-four hours for emergent reports; and
(II) Seventy-two hours for nonemergent reports; and
(B) Alleged subjects of abuse or neglect, if possible;
(iii) Make reasonable efforts to have an adult third party present at the child's or youth's interview if the presence of a third party does not interfere with the investigation, unless the child or youth objects;
(iv) Audio record interviews with alleged victims of abuse or neglect when there are serious allegations of sexual and physical abuse; and
(v) Photograph the alleged children or youth victims to document their physical condition, per RCW 26.44.050, if applicable; and
(b) Attempt to complete investigations within 60 calendar days, but not exceed beyond 90 calendar days unless:
(i) The investigation is being conducted under local county protocol, per chapter 26.44 RCW; or
(ii) A law enforcement agency or prosecuting attorney has determined a longer investigation period is necessary; and
(2) May interview children or youth outside the presence of their parents or guardians without prior notification or consent.
[Statutory Authority: Chapter 26.44 RCW, RCW 74.08.090, 74.13.031, and 74.04.050. WSR 26-09-079, s 110-30-0070, filed 4/14/26, effective 6/5/26. WSR 18-14-078, recodified as § 110-30-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapter 26.44 RCW, RCW 74.08.090, 74.13.031, 74.04.050, and 2007 c 220. WSR 09-07-001, § 388-15-021, filed 3/4/09, effective 4/4/09. Statutory Authority: RCW 74.13.031, 74.04.050 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-021, filed 7/16/02 and 8/14/02, effective 2/10/03.]