Washington Code 7.68.175 – Examination costs of assault of a child victims paid by state
Current as of: 2023 | Check for updates
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(1) No costs incurred by an institution as defined in RCW 26.44.020 for the examination of a suspected victim of assault of a child under chapter 9A.36 RCW may be billed or charged directly or indirectly to the suspected victim of the assault. Subject to the availability of amounts appropriated for this specific purpose, the department must pay all costs incurred by an institution as defined in RCW 26.44.020 for the examination of a suspected victim of assault of a child, provided that the cost of the examination would not otherwise be covered by the department.
Terms Used In Washington Code 7.68.175
- Child: means every natural born child, posthumous child, stepchild, child legally adopted prior to the injury, child born after the injury where conception occurred prior to the injury, and dependent child in the legal custody and control of the victim, all while under the age of eighteen years, or under the age of twenty-three years while permanently enrolled as a full-time student in an accredited school, and over the age of eighteen years if the child is a dependent as a result of a disability. See Washington Code 7.68.020
- Department: means the department of labor and industries. See Washington Code 7.68.020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injury: means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such physical conditions as result therefrom. See Washington Code 7.68.020
- Victim: means a person who suffers bodily injury or death as a proximate result of a criminal act of another person, the victim's own good faith and reasonable effort to prevent a criminal act, or his or her good faith effort to apprehend a person reasonably suspected of engaging in a criminal act. See Washington Code 7.68.020
(2) The department must notify the office of financial management and the fiscal committees of the legislature if it projects that the cost of services provided under this section exceeds the amount of funding provided by the legislature solely for the purposes of this section.
[ 2022 c 171 § 2.]
NOTES:
Findings—2022 c 171: “The legislature finds that the crime victims’ compensation fund was established in 1973 to cover medical bills and other costs associated with being the victim of a crime. The legislature finds that state law requires the crime victims’ compensation fund to pay the costs of sexual assault examinations of minors when they are performed to gather evidence for possible prosecution. The legislature finds that in 2015, the legislature passed Substitute Senate Bill No. 5897 to provide funding for medical evaluations of suspected child victims of physical abuse. The legislature finds that this law expired June 30, 2019, and was not extended in the omnibus operating appropriations act. The legislature recognizes that while sexual assault examinations are currently provided for by the crime victims’ compensation fund, examinations for child victims of physical assault are not provided for. The legislature finds that medical examinations are important for children who may be victims of physical abuse. The legislature finds that contributing to the cost of these examinations will incentivize timely evaluations, lead to early identification of abuse, and potentially prevent a child from further traumatization or injury. The legislature therefore resolves to reenact the provision of medical examinations of children who may be victims of physical abuse.” [ 2022 c 171 § 1.]