Washington Child Abuse Laws

The state of Washington defines child abuse as any negligent treatment or neglect that creates a clear and present danger to a child’s health, welfare, or safety. This broad definition gives courts discretion to consider all factors in the family’s situation when evaluating an abuse or neglect case. Washington’s Department of Children, Youth and Families (DCYF) oversees all child neglect and abuse reports and refers them to Child Protective Services (CPS) if necessary.

What’s considered abuse and mistreatment of children depends on the amount and type of harm done to the child. It also is affected by the adult’s actions. A family assessment is the first part of a child abuse case before the court removes children to foster care or files charges against the parent or caregiver.

Washington Child Abuse Laws

Washington state’s definition of child abuse includes any act or omission by parents or guardians which may endanger the child’s welfare. The law does not consider any single factor to be proof of abuse or neglect. For instance, a family experiencing temporary homelessness is not proof of neglect if the children are otherwise cared for.

Child neglect means a lack of the basic necessities of life, such as shelter, food, water, clothing, and health care, due to:

• Sexual abuse or exploitation
• Abandonment
• Homelessness or indigence

Criminal mistreatment is the reckless or deliberate withholding of the basic necessities of life, such that it causes a child great bodily harm.

Child abuse/assault is the reckless or intentional physical abuse of a child that causes physical harm.

Child sexual assault/rape/molestation varies depending on the age of the victim and the age of the perpetrator. In general, any contact between a minor and an adult is sexual assault. Washington does not have a codified "Romeo and Juliet" law. The age of consent is 16. A 16-year-old and an 18-year-old can have sex as long as the older party is not in a supervisory position.

Mandatory Reporting

Mandatory reporters are people whose jobs or daily routines bring them into regular contact with children. State law requires mandated reporters to report signs of child abuse to DCYF or law enforcement in person or by phone immediately.

In Washington, mandatory reporters include:

• Medical practitioners, doctors, nurses, and staff
• Teachers, child care providers, school therapists, and personnel
• Law enforcement officers, juvenile probation officers, court staff
• DCYF case workers and placement officers

Mandatory reporters who fail to report known or suspected child abuse or neglect can face misdemeanor charges.

Washington does not have a mandatory reporting statute for others who know of or suspect child abuse. However, anyone who makes a good-faith report of abuse or neglect is immune from criminal prosecution and civil liability.

You can report child abuse or neglect to the state’s child abuse hotline at 1-866-END-HARM (1-866-363-4276) or to local law enforcement.

What To Report to DCYF

If you decide to report known or suspected abuse or neglect to the Department of Social and Health Services, keep a few things in mind:

• Children and dependent adults may fear reprisal if they tell anyone about the abuse and don’t always speak up about abuse or neglect, relying on parents or caregivers for survival
• Reporters should consider their own biases and past histories when viewing other parents’ child-rearing habits
• Some behaviors of the child’s parents, such as substance abuse, do not necessarily indicate abusive or neglectful behavior by the parents

Some reports of child abuse have involved "free range children" by parents who felt it was neglectful to let children under ten stay home alone. The children and homes did not otherwise meet the standards of neglect under Washington state law.

You should make a child abuse report when:

• You see bruises, scars, or marks in areas inconsistent with normal childhood accidents. Scabs on the knees are normal. Bruises on the upper arms are less so.
• You see children who look unusually thin, malnourished, or constantly ask for food. Children in day care situations may steal or trade for food that they’re not getting at home.
• A child’s behavior changes abruptly or is inappropriate for their age group. Children who act "too old" or "too young" may have developmental issues or may be coping with abuse.

If you are unsure about whether to report child abuse, do so. Good faith reporters are not criminally or civilly liable for their reports.

Related Statutes

Washington Revised Code:

• Section 9A.20.021 (maximum sentences)
• Sections 9A.42.060 – 9A.42.090 (abandonment of a dependent person)
• Section 9A.42.100 (endangerment with a controlled substance)
• Section 9A.42.110 (leaving a child in the care of a sex offender)

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. Consider consulting an attorney or conducting your own legal research to verify Washington state law(s) before making any legal decisions.

Related Resources

• Washington Domestic Violence Laws
• Washington Family Laws
• Crimes Against Children

Get Legal Advice From a Washington Criminal Defense Attorney

Child abuse affects everyone in a society. Victims, families, and other children feel the impact of the abuse. Society treats child abusers harshly but also recognizes that not everything called abuse is abusive behavior. If you find yourself charged with child abuse and need legal assistance, contact a Washington criminal defense attorney for help with your case.