Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 4 >

1.Surrogate parent agreements in general are not unlawful in Washington.2.It is not lawful for a person, in return for money or other valuable consideration, to serve as a broker or otherwise arrange or facilitate a surrogate parenting agreement, unless the person is an agency certified or licensed by the Department of Social and Health Services as a child-placing agency or as an adoption agency, or unless the only payment is reimbursement or prenatal hospital or medical expenses involved in the birth of the child, or attorneys' fees and court costs involved in transfer of child custody.3.A surrogate parenting agreement is not enforceable against a surrogate mother who withdraws her consent to relinquish her court approval of the consent.

AGO 1988 NO. 5 >

1.  State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints of child abuse allegedly perpetrated by third parties (that is, persons not the parent or guardian of the child and not standing in loco parentis to the child). 2. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints alleging physical or sexual abuse committed by a teacher against a child. 3. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints alleging physical or sexual abuse committed by a neighbor against a child. 4. Although the Department of Social and Health Services is ordinarily not legally obligated to investigate complaints alleging physical or sexual abuse against a child by third parties, an obligation to investigate might arise where the abuse by the third party is directly related to neglect or abuse by the child's parent or guardian or by a person standing in loco parentis to the child.

AGO 1992 NO. 9 >

1.  The Legislature created a citizen review board system that functions in an advisory capacity to the juvenile courts, the Department of Social and Health Services, and the Legislature.  The records of each board are the property of the board.  The records must be retained for at least six years unless adequate copies or reproductions are preserved or the board demonstrates to the local records committee that retention of such records for six years is unnecessary and uneconomical.  2.  The records are confidential and may only be disclosed when specifically authorized under the statutes protecting the records of juvenile justice or care agencies found in chapter 13.50 RCW.    3.  The board need not prepare a transcript of its review, so long as a verbatim record is maintained.

AGO 1987 NO. 9 >

RCW 26.44.030 does require school officials to report incidents of alleged child abuse when the alleged abuser is a fellow student.

AGO 1985 NO. 13 >

Schools are not authorized to charge fees for the administration of pre‑admission tests for early entrance of children into kindergarten or first grade classes.

AGO 1974 NO. 17 >

(1) The term "children's sleepwear" as defined in § 3, chapter 211, Laws of 1973, 1st Ex. Sess., (RCW 70.110.030) includes both infant sizes 0-6X and children's sizes 7-14; in addition, it also includes junior or adult sizes of sleepwear which are the physical equivalent of those children's sizes even though not designated as such. (2) The provisions of chapter 211, Laws of 1973, 1st Ex. Sess., are currently enforceable within the purview of the preemption clauses of the Federal Flammable Fabrics Act and Consumer Product Safety Act, and their enforceability with respect to children's sizes 7-14 or the equivalent is not dependent upon the effectiveness of certain federal regulations establishing flammability standards for those sizes of children's sleepwear which are not scheduled to take effect until May 1, 1975.

AGLO 1977 NO. 18 >

Discussion of the circumstances under which the department of social and health services is either required or authorized to provide next friend and preplacement reports in connection with proceedings for adoption of child; authority of the department to charge a fee for such services.

AGLO 1975 NO. 25 >

Under existing law, a noncharter county may not expend federal revenue sharing moneys to fund a portion of the operation of a day care center for children of working mothers which is operated by a nonprofit corporation; however, to the extent permitted by Article VIII, § 7 of the state constitution such authority would be granted by the passage of House Bill No. 384 or Senate Bill No. 2151, currently pending before the 1975 legislature.

AGO 1980 NO. 25 >

(1) A county transportation authority organized under chapter 36.57 RCW may entirely eliminate fares for all transit users if the system it operates can be sustained from taxes or other available revenues. (2) A county transportation authority may, likewise, reduce or eliminate fares for all classes of users during non-peak hours only, for the purpose of achieving a more balanced and economical operation.(3) Both because of a lack of statutory authority and possible constitutional objections under Washington Constitution, Article VIII, section 7, however, a county transportation authority may not, instead, directly reduce or eliminate fares only for (a) senior citizens, a category being created only on the basis of age, or (b) students attending public schools except (in the latter case) through an interlocal cooperation act agreement with participating school districts.(4) Likewise, although such action would not be constitutionally objectionable in the case of low income citizens or the handicapped, a county transportation authority presently lacks the requisite statutory authority to reduce or to entirely eliminate fares for those individuals.

AGO 1984 NO. 29 >

(1) The provisions of RCW 46.61.687, relating to the transportation of young children as passengers in motor vehicles operated by the child's parent or legal guardian and requiring that the child be properly secured in a manner approved by the State Commission on Equipment, is applicable to the transportation of a child less than five years old on a motorcycle operated by his or her parent or guardian.(2) Until adequate child restraint devices for motorcycles are at some time developed, and then approved for use in this state by the State Commission on Equipment, it is, therefore, illegal for the parent or legal guardian of a child under five years of age to transport that child on his or her motorcycle, just as it would be illegal for them to transport their child in their automobile without an approved device.