New Law Closes Loophole in Sexual Abuse Investigations, Protecting Children in Washington State

A recent law passed in the state of Washington closes a loophole in sexual abuse investigations. This law is wonderful news as it will serve to protect more children, safeguarding them from sexual abuse that occurs in treatment centers, residential schools, and other facilities.

Brief details about the new law

According to NBC Right Now, this new law was passed and became effective in January 2024. The statute allows the Department of Children, Youth, and Families to investigate various types of child abuse, including sexual abuse at behavioral health facilities, substance abuse treatment centers, mental health facilities, and private residential schools. In addition, State Bill 5515 allows families, friends, patients, students, and loved ones to report suspected abuse directly to the Department of Children, Youth, and Families instead of only reporting to law enforcement officers. The goal is to ensure that children and families get a quicker response and solution to their suspected reports of abuse.

The Assistant Secretary of Licensing, Ruben Reeves, applauded the passing of the law, stating that “the safety of children and youth is our agency’s number one priority, and this change gives us another avenue to reach families who need support.”

Data on child sexual abuse in the state of Washington

According to the Washington State Child Welfare Outcomes data, the percentage of child abuse that involves sexual misconduct has been increasing for several years. The upward trend is truly extremely alarming. Below is the percentage of total abuse cases that fall into the sexual category from 2017 to 2021.

• 2017: 11.1%
• 2018: 12%
• 2019: 12%
• 2020: 12%
• 2021: 15.2%

The Rape, Abuse  & Incest National Network (RAINN) points out how prevalent and widespread child sex abuse is not only in Seattle, Washington, but the entire country. One of the most mind-blowing facts that should open everyone’s eyes is that “every 9 minutes, child protective services substantiates, or finds evidence for, a claim of child sexual abuse.” Some of the other statistics provided by RAINN include:

• 1 in 20 boys and 1 in 9 girls under 18 are victims of sexual abuse.
• Adolescents aged 12-17 account for two-thirds of sexual abuse victims.
• Over 80% of child sexual abuse victims are girls, particularly those aged 16-19, who face significantly higher risks.
• Perpetrators are often known to the child, with family members (34%) and acquaintances (59%) more commonly involved than strangers (7%).

Even more alarming, these numbers likely only represent a fraction of the total cases. RAINN states that just 310 out of every 1,000 total sexual assaults even get reported to police.

Abuse often occurs in residential treatment centers

Individuals who have experienced child sexual abuse are four times more likely to turn to substance abuse and drugs. Therefore, many of the individuals who enter residential treatment centers may have experienced some type of child sexual abuse. However, to make matters worse, a recent news article revealed that, based on a two-year investigation, “children in treatment facilities run by some of the country’s largest behavioral health companies are at risk for sexual abuse.” According to the report, it is possible that children may enter these facilities because they have turned to drugs after being sexually abused, only to end up at a heightened risk of being sexually abused again. Sadly, the Senate Committee stated that these residential treatment centers are prioritizing profits over the health and safety of the children.

Most of the companies that were part of the two-year investigation receive payments from Medicaid and other government funding options. In return, these facilities have the task of treating the children and young individuals in their care. However, the centers choose to admit more children than they can accommodate and do not hire enough workers to support those in their care once they are at full capacity. Additionally, a lot of the patients who find their way to these facilities are in the foster care system or have developmental disabilities. As a result, many of the children and youths require more one-on-one or individualized care, further straining the existing staff.

Even though Medicaid pays the facilities around $1,200 per day for each child, the children are treated horribly. For example, there were several reports of the staff members “dragging or throwing,” molesting, and chemically restraining the children. In 2021, it was found that one child was being molested by a female staff member who was planning to “have a more intimate relationship” once the child became an adult. When the facility became aware of the acts that were occurring, they simply moved the staff member to a different unit, giving her the opportunity to continue to harass the child by standing outside of their window every single night.

A reaction to abuse reports

After the release of the report, advocates, families, and lawmakers started requesting that the treatment centers and companies make changes to improve the conditions and reduce risks. Some suggestions for protecting patients include requiring that the staff undergo more frequent and detailed reviews, installing and placing more security cameras around the facilities, and following federal rules and regulations regarding restraints. Naturally, when investigations uncover violations of civil rights, there should be consequences, and the facilities should take steps toward improving their care. The report states that “so long as providers are allowed to proceed with business as usual, children will continue to suffer.” The sad reality is that these children are being treated as paychecks rather than patients.

Holding abusers accountable

If you or someone you know has been sexually abused in a substance abuse treatment center, residential school, or any other type of mental health or behavioral health facility, the Seattle child sexual abuse attorneys at Smith McBroom can help. We understand how difficult it can be to go through or watch your loved one suffer these horrific acts. Therefore, when you hire our team to assist you, you can rest assured knowing that you will be met with respect, understanding, compassion, and strong representation throughout the entire legal process. Please call our office or submit our contact form to schedule your free and confidential consultation to begin discussing your case with one of our lawyers in Seattle today.