State v. James-Buhl

• Decision Date: 19 April 2018
• Docket Number: No. 94409-1,94409-1
• Court: Washington Supreme Court
• Parties: STATE of Washington, Respondent, v. Tanya Desiree JAMES-BUHL, Petitioner.

190 Wash.2d 470

415 P.3d 234

STATE of Washington, Respondent,

v.Tanya Desiree JAMES-BUHL, Petitioner.

No. 94409-1

Supreme Court of Washington.

Argued February 13, 2018

Filed April 19, 2018

Barbara L. Corey, Law Offices of Barbara Corey, 902 S 10th St., Tacoma, WA, 98405-4537 for Petitioner.

Jason Ruyf, Pierce County Prosecutor's Office, Prosecuting Attorney Pierce County, Pierce County Prosecuting Attorney, 930 Tacoma Avenue S. Room 946, Tacoma, WA, 98402 for Respondent.

Thomas E. Weaver Jr., Attorney at Law, PO Box 1056, Bremerton, WA, 98337-0221, David T. Sulzbacher, Attorney at Law, 1037 Ne 65th St. #80304, Seattle, WA, 98115, Rita Joan Griffith, Attorney at Law, 4616 25th Ave. Ne, Pmb 453, Seattle, WA, 98105-4523 for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

FAIRHURST, C.J.

¶ 1 Tanya Desiree James-Buhl, a teacher, was charged with failure to comply with the mandatory reporting law that requires specified professionals to report incidents of child abuse when they have reasonable cause to believe a child has suffered abuse or neglect. RCW 26.44.030(1)(a). James-Buhl received notice of child abuse from her three daughters alleging that they were being touched inappropriately within the home by their stepfather, but she did not make an immediate report. At issue is whether James-Buhl's employment status as a teacher required her to report the alleged abuse of her own children, who are not her students, when the abuse occurred within the home and was perpetrated by another family member. We reverse the Court of Appeals and hold that a teacher's failure to comply with the mandatory reporting duty must have some connection to his or her professional identity.

I. FACTS AND PROCEDURAL HISTORY

A. Factual background

¶ 2 James-Buhl is a public school teacher who lives with her three daughters. Her daughters are not her students, nor have they ever been. At all times relevant to the facts of this case, James-Buhl was married to Joshua Hodges, the girls' stepfather. In May 2015, one of James-Buhl's daughters told her pastor that Hodges had been touching her and the pastor referred the matter to Child Protective Services. The Pierce County Sheriff's Department began investigating the allegations, and, based on its investigation, all three of James-Buhl's daughters told their mother about Hodges' alleged abuse as early as January 2015. All of the alleged abuse occurred at James-Buhl's home.

¶ 3 The State charged James-Buhl with three counts of failure to comply with the mandatory reporting law applicable to her as "professional school personnel." RCW 26.44.030(1)(a). The State alleged that James-Buhl knowingly failed to report child abuse on or between January 1 and May 20, 2015. But the State did not allege that James-Buhl's daughters were her students or enrolled in the school where she taught.

B. Procedural history

¶ 4 James-Buhl filed a motion to dismiss the charges, arguing that RCW 26.44.030(1)(a) did not apply to her in this case because her daughters were not her students and because she learned about the alleged abuse in her parental role while in her home, not as a teacher. The trial judge agreed and dismissed the charges.

¶ 5 The State appealed the dismissal.¹ The Court of Appeals reversed based on its interpretation of the plain language of RCW 26.44.030(1)(a). The Court of Appeals first explained that RCW 26.44.030(1)(a) does not include a course of employment limitation because there are express limitations in subsections (1)(b), (1)(c), and (1)(e), which "clearly shows that the legislature did not intend to include such a limitation for subsection (1)(a)." State v. James-Buhl, 198 Wash.App. 288, 298, 393 P.3d 817 (2017). The court held that "the mandatory reporting duty for the professionals identified applies in all circumstances ... mean[ing] that a teacher can be subject to prosecution for failing to report suspected child abuse based on information obtained at home, on vacation, or anywhere else." Id. at 300-01, 393 P.3d 817. James-Buhl petitioned for review, which this court granted. State v. James-Buhl, 189 Wash.2d 1008, 402 P.3d 829 (2017).

II. ISSUE

¶ 6 Does RCW 26.44.030(1)(a) apply to teachers when their own children, who are not their students, report abuse by another family member perpetrated within the home?

III. ANALYSIS

A. Standard of review

¶ 7 The dismissal was based on the trial court's statutory interpretation, which is a question of law reviewed de novo. Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wash.2d 1, 9, 43 P.3d 4 (2002) (citing State v. Breazeale, 144 Wash.2d 829, 837, 31 P.3d 1155 (2001) ; State v. J.M., 144 Wash.2d 472, 480, 28 P.3d 720 (2001) ). Statutory interpretation begins with the statute's plain meaning. Lake v. Woodcreek Homeowners Ass'n, 169 Wash.2d 516, 526-27, 243 P.3d 1283 (2010). Plain meaning is "discerned from the ordinary meaning of the language at issue, the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole." State v. Engel, 166 Wash.2d 572, 578, 210 P.3d 1007 (2009). When ascertaining the plain meaning of the statute, we "must not add words where the legislature has chosen not to include them," and we must "construe statutes such that all of the language is given effect." Rest. Dev., Inc. v. Cananwill, Inc., 150 Wash.2d 674, 682, 80 P.3d 598 (2003). If the plain language is unambiguous, the court must give it effect. State v. Armendariz, 160 Wash.2d 106, 110, 156 P.3d 201 (2007). However, if the statute remains susceptible to multiple meanings, it is appropriate for the court to resort to aids to construction, including legislative history. Campbell & Gwinn, 146 Wash.2d at 12, 43 P.3d 4 (citing Cockle v. Dep't of Labor & Indus., 142 Wash.2d 801, 808, 16 P.3d 583 (2001) ; Timberline Air Serv., Inc. v. Bell Helicopter-Textron, Inc., 125 Wash.2d 305, 312, 884 P.2d 920 (1994) ).

B. Professionals named in the statute must report child abuse or face criminal consequences

¶ 8 The mandatory reporting law imposes a duty on various classes of people. James-Buhl was charged under RCW 26.44.030(1)(a), which requires that "[w]hen any ... professional school personnel ... has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department." " ‘Professional school personnel’ " includes "teachers, counselors, administrators, child care facility personnel, and school nurses." RCW 26.44.020(19). A mandatory reporter named in RCW 26.44.030 who knowingly fails to make an "immediate oral report" of child abuse "shall be guilty of a gross misdemeanor." RCW 26.44.040, .080. The reporting requirement also applies "to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report." RCW 26.44.030(1)(d).²

¶ 9 The legislature's declaration of purpose explains the rationale behind the mandatory reporting law. The legislature declared that the "bond between a child and his or her parent, custodian, or guardian is of paramount importance," but the State is justified in emergency intervention into the lives of parents and children when the child is abused. RCW 26.44.010. The legislature intends that these reports of child abuse will prevent further abuse. If instances arise in which the safety of the child conflicts with the legal rights of parents, the "interests of the child should prevail." Id. However, the mandatory reporting law "shall not be construed to authorize interference with child-raising practices." Id. When considering the application of the statute, we explained that "the State's interest in the protection of children is unquestionably of the utmost importance." State v. Motherwell, 114 Wash.2d 353, 365, 788 P.2d 1066 (1990).

¶ 10 At the time of the offense, James-Buhl was "professional school personnel" because she was employed as a teacher. The plain meaning of the statute requires teachers to report child abuse when there is reasonable cause to believe the incident occurred. This requirement is a mandatory directive with criminal consequences. See State v. Krall, 125 Wash.2d 146, 149, 881 P.2d 1040 (1994) (stating "the general rule that ‘shall’ is presumptively mandatory").

C. Failure to comply with the mandatory reporting duty must have some connection between the individual's professional identity and the criminal offense

¶ 11 The reporting duty for professionals named in the statute, RCW 26.44.030(1)(a), creates a legally enforceable duty to report child abuse when there is some connection between the individual's professional identity and the criminal offense. While the Court of Appeals correctly held that there is no course of employment limitation for this reporting duty, we are unpersuaded by the State's argument that the reporting duty is ever present. Suppl. Br. of Resp't at 5. The plain language of RCW 26.44.030(1)(a) does not create an unlimited and unqualified duty to report child abuse because the statute refers to people by means of their occupation, not simply as adults or persons.

¶ 12 The State supported its argument with the history of statutory amendments creating a "pathway from a privilege to report to a general duty to report." Wash. Supreme Court oral argument, State v. James-Buhl, No. 94409-1 (Feb. 13, 2018), at 21 min., 48 sec., audio recording by TVW, Washington State's Public Affairs Network, https://www.tvw.org/watch/?eventID=2018021107. When the mandatory reporting law first took effect, it applied only to practitioners (doctors, dentists, etc.) and created a permissive right to report child abuse of children "brought before him or coming to him for examination, care, or treatment." LAWS OF 1965, ch. 13, § 3. Subsequently, the legislature widened the scope of the law by making reporting mandatory, expanding the list of professionals, and...