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House Bill 2165

House Bill 2165

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Published by Levi Pulkkinen
House Bill 2165 of the Washington state Legislature.
House Bill 2165 of the Washington state Legislature.

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Categories:Types, Business/Law
Published by: Levi Pulkkinen on Jan 16, 2014
Copyright:Attribution Non-commercial

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11/09/2014

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H-3152.1____________________________________________
HOUSE BILL 2165
 ____________________________________________
State of Washington63rd Legislature2014 Regular SessionBy
Representatives Kagi, Lytton, Morrell, Jinkins, and HaighPrefiled 01/07/14. Read first time 01/13/14. Referred to Committee onEarly Learning & Human Services. 1AN ACT Relating to department of early learning fatality reviews; 2and adding a new section to chapter 43.215 RCW. 3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4NEWSECTION.
Sec. 1.
 A new section is added to chapter 43.215 RCW 5to read as follows: 6(1)(a) The department shall conduct a child fatality review if a 7child fatality occurs in an early learning programdescribed in RCW 843.215.400 through 43.215.450 or a licensed child care center or a 9licensed child care home.10(b) The department shall convene a child fatality review committee11and determine the membership of the review committee. The committee12shall comprise individuals with appropriate expertise, including but13not limited to experts fromoutside the department with knowledge o14early learning licensing requirements and programstandards. The15department shall ensure that the fatality review teamis made up o16individuals who had no previous involvement in the case.17(c) The primary purpose of the fatality review shall be the18development of recommendations to the department and legislaturep. 1HB 2165
 
 1regarding changes in licensing requirements, practice, or policy to 2prevent fatalities and strengthen safety and health protections for 3children. 4(d) Upon conclusion of a child fatality review required pursuant to 5this section, the department shall, within one hundred eighty days 6following the fatality, issue a report on the results of the review, 7unless an extension has been granted by the governor. Reports must be 8distributed to the appropriate committees of the legislature, and the 9department shall create a public web site where all child fatality10review reports required under this section must be posted and11maintained. A child fatality review report completed pursuant to this12section is subject to public disclosure and must be posted on the13public web site, except that confidential information may be redacted14by the department consistent with the requirements of RCW13.50.100,1568.50.105, and 74.13.500 through 74.13.525, chapter 42.56 RCW, and16other applicable state and federal laws.17(2) The department shall consult with the office of the family and18children's ombuds to determine if a review should be conducted in the19case of a near child fatality that occurs in an early learning program20described in RCW43.215.400 through 43.215.450 or licensed child care21center or licensed child care home.22(3) In any review of a child fatality or near fatality, the23department and the fatality review teammust have access to all records24and files regarding the child or that are otherwise relevant to the25review and that have been produced or retained by the early education26and assistance programprovider or licensed child care center or27licensed family home provider.28(4)(a) A child fatality or near fatality review completed pursuant29to this section is subject to discovery in a civil or administrative30proceeding, but may not be admitted into evidence or otherwise used in31a civil or administrative proceeding except pursuant to this section.32(b) A department employee responsible for conducting a child33fatality or near fatality review, or member of a child fatality or near34fatality review team, may not be examined in a civil or administrative35proceeding regarding the following:36(i) The work of the child fatality or near fatality review team;37(ii) The incident under review;HB 2165p. 2

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