SB 5643 — Expanding the purview of child fatality and near fatality reviews.

S-1411.2S-1052.2 SUBSTITUTE SENATE BILL 5643 State of Washington 69th Legislature 2025 Regular Session By SenateSenator HumanChristian ServicesAN (originallyACT sponsoredRelating byto Senatorexpanding Christian)child READfatality FIRSTand TIMEnear 02/13/25.fatality reviews to include those in the care or custody of the department of children, youth, and families pursuant to chapter 13.40 RCW;

AN ACT Relating to expanding child fatality and near fatality reviews to include those in the care or custody of the department of children, youth, and families pursuant to chapter 13.40 RCW;

1 SSBSB 5643 department of children, youth, and families, or any child, youth, or individual who is part of a near fatality investigation by the department of children, youth, and families, for the purposes of carrying out its duties under this chapter;

2 SSBSB 5643 (b) The department shall alsoconsult conductwith athe childoffice fatalityof review in the eventfamily ofand achildren's fatalityombuds suspected to bedetermine causedif bya child abusefatality orreview neglectshould ofbe conducted in any child,case youth,in orwhich individualit occurringcannot whilebe thedetermined child,whether youth,the orchild's individualdeath wasis residingthe atresult aof juvenilesuspected rehabilitationchild managedabuse facility.or neglect.

(c) The department shall consultensure withthat the officefatality ofreview theteam familyis andmade children'sup ombudsof toindividuals determinewho ifhad ano childprevious fatalityinvolvement review should be conducted in anythe casecase, inincluding whichindividuals itwhose cannotprofessional beexpertise determinedis whetherpertinent theto child's death is the resultdynamics of suspectedthe childcase. abuse or neglect.

(((c))) (d) TheUpon departmentconclusion shallof ensurea thatchild the fatality review teamrequired ispursuant madeto upthis ofsection, individualsthe whodepartment hadshall nowithin previousone involvementhundred ineighty thedays case,following includingthe individualsfatality whoseissue professionala expertisereport ison pertinentthe toresults of the dynamicsreview, ofunless an extension has been granted by the case.governor.

(((d))) (e) Upon conclusion of a child fatality review required pursuant to this section, the department shall within one hundred eighty days following the fatality issue a report on the results of the review, unless an extension has been granted by the governor.

(((e)))(e) (f) The department shall develop and implement procedures to carry out the requirements of this section.

(2)(a)(2)(((a))) In the event of a near fatality of a child, youth, or individual suspected to be caused by child abuse or neglect who is in the care of or receiving services described in this chapter or chapter 13.40 RCW from the department ((or)), who has been in the care of or received services described in this chapter or chapter 13.40 RCW from the department within one year preceding the near fatality, or was the subject of an investigation by the department for possible abuse or neglect, the department shall promptly notify the office of the family and children's ombuds((.

(((b) In the event of a near fatality of a child who is in the care of or receiving services described in this chapter from the department or who has been in the care of or received services described in this chapter from the department within three months preceding the near fatality, or was the subject of an investigation by the department for possible abuse or neglect, the department shall p.

3 SSBSB 5643 (b) ((In the event of a near fatality of a child who is in the care of or receiving services described in this chapter from the department or who has been in the care of or received services described in this chapter from the department within three months preceding the near fatality, or was the subject of an investigation by the department for possible abuse or neglect, the department shall promptly notify the office of the family and children's ombuds and the department shall conduct a review of the near fatality.

(c) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition.)) The(3) departmentIn shallany alsoreview conductof a nearchild fatality reviewor near fatality in which the eventchild, ofyouth, or individual was placed with or received services from an agency pursuant to a nearcontract with the department, the department and the fatality suspectedreview toteam beshall causedhave byaccess abuseto orall neglectrecords ofand anyfiles regarding the child, youth, or individual occurringor whileotherwise relevant to the personreview wasthat residinghave atbeen aproduced juvenileor rehabilitationretained managedby facility.the agency.

(3) In any review of a child fatality or near fatality in which the child, youth, or individual was placed with or received services from an agency pursuant to a contract with the department, the department and the fatality review team shall have access to all records and files regarding the child, youth, or individual or otherwise relevant to the review that have been produced or retained by the agency.

p.(c) Documents prepared by or for a child fatality or near fatality review team are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in a child fatality or near fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by a child fatality or near fatality review team.

4A SSBperson 5643is (c)not Documentsunavailable preparedas by or for a childwitness fatalitymerely orbecause nearthe fatalityperson reviewhas teambeen areinterviewed inadmissibleby andor mayhas notprovided be used in a civilstatement orfor administrative proceeding, except that any document that exists before its use or consideration in a child fatality or near fatality review, orbut thatif iscalled createdas independentlya ofwitness, sucha review,person doesmay not becomebe inadmissibleexamined merelyregarding becausethe itperson's isinteractions reviewedwith orthe used by a child fatality or near fatality reviewp. team.

A4 personSB is5643 not unavailable as a witness merely because the person has been interviewed by or has provided a statement for a child fatality or near fatality review, but if called as a witness, a person may not be examined regarding the person's interactions with the child fatality or near fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review.

p.(c) "Near fatality" means an act, including an overdose of any controlled substance under chapter 69.50 RCW, that, as certified by a physician, places the child in serious or critical condition.

5 SSB 5643 (c) "Near fatality" means an act, including an overdose of any controlled substance under chapter 69.50 RCW, that, as certified by a physician, places the child in serious or critical condition.

65 SSBSB 5643