CPS In Washington State

[hsp2099]

Hello,

I have a question regarding Washington State Law RCW 26.44.030:

http://apps.leg.wa.gov/RCW/default.aspx?cite=26.44.030

In reference to section 10:

(10) Upon receiving reports of alleged abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.


1. If the child request to speak with his parents, does this constitute a third party? I can understand the parents not being there to interfere with the interview.

2. What is reasonable efforts to accommodate the childs wishes? If a child wanted to contact his parents even before CPS or local law enforcement arrived, how and what could an agency(CPS) or law enforcement accomodate the child. Would grandparents or one of the parents be sufficient?

3. What say does the child have in determining who the third party is?


I feel they rushed the child without granting his wishes to speak with his family. Obviously he knew something wasn't right.

Any help or any information relating to this topic would be appreciated. Thanks.

[aardvarc]

The third party can't be in ANY possible way related to the case or investigation. So if, for instance, the actions of a parent are the subject of the investigation, they have a vested interest in NOT letting the child speak to (for possibilities of intimidation and/or coaching) the parents first. Other possible third parties might include a non-involved family member, a favorite teacher the child has rapport with, a clergy member, or a child victim's advocate.