H-3483.2 _______________________________________________
HOUSE BILL 2675
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Representatives Schoesler, Sheahan, Bray, Talcott, Ballasiotes, Cooke, Brumsickle, McMorris and Padden
Read first time 01/19/94. Referred to Committee on Human Services.
AN ACT Relating to runaway children; amending RCW 13.32A.060, 13.32A.130, and 13.32A.250; adding a new section to chapter 74.13 RCW; adding a new section to chapter 43.101 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 13.32A.060 and 1985 c 257 s 8 are each amended to read as follows:
(1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:
(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or
(b) Take the child to a designated crisis residential center or the home of a responsible adult:
(i) ((If the child
evinces fear or distress at the prospect of being returned to his or her home;
or
(ii))) If the officer believes there is a possibility
that the child is experiencing in the home some type of child abuse or neglect,
as defined in RCW 26.44.020, as now law or hereafter amended; or
(((iii))) (ii)
If it is not practical to transport the child to his or her home; or
(((iv))) (iii)
If there is no parent available to accept custody of the child.
((The officer
releasing a child into the custody of a responsible adult shall inform the
child and the responsible adult of the nature and location of appropriate
services available in the community.))
(2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.
Sec. 2. RCW 13.32A.130 and 1992 c 205 s 206 are each amended to read as follows:
A child admitted to a
crisis residential center under this chapter who is not returned to the home of
his or her parent or who is not placed in an alternative residential placement
under an agreement between the parent and child, shall, except as provided for
by RCW 13.32A.140 and 13.32A.160(2), reside in ((such)) the
placement under the rules ((and regulations)) established for the center
for a period not to exceed five consecutive days from the time of intake,
except as otherwise provided by this chapter. Crisis residential center staff
shall make a concerted effort to achieve a reconciliation of the family. If a
reconciliation and voluntary return of the child has not been achieved within
forty-eight hours from the time of intake, and if the person in charge of the
center does not consider it likely that reconciliation will be achieved within
the five-day period, then the person in charge shall inform the parent and
child of (1) the availability of counseling services; (2) the right to file a
petition for an alternative residential placement, the right of a parent to
file an at-risk youth petition, and the right of the parent and child to obtain
assistance in filing the petition; and (3) the right to request a review of any
alternative residential placement((: PROVIDED, That)). However,
at no time shall information regarding a parent's or child's rights be withheld
if requested((: PROVIDED FURTHER, That)). However, the
department shall develop and distribute to all law enforcement agencies and to
each crisis residential center administrator a written statement delineating ((such))
the services and rights. Every officer taking a child into custody
shall provide the child and his or her parent(s) ((or responsible adult with
whom the child is placed)) with a copy of ((such)) the
statement. In addition, the administrator of the facility or his or her
designee shall provide every resident and parent with a copy of ((such))
the statement.
Sec. 3. RCW 13.32A.250 and 1990 c 276 s 16 are each amended to read as follows:
(1) In all alternative residential placement proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. The court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.
(2) Failure by a party
to comply with an order entered under this chapter is a contempt of court as
provided in chapter 7.21 RCW, subject to the limitations of subsection (((2)))
(3) of this section.
(3) The court may impose a fine of up to one hundred dollars and imprisonment for up to seven days, or both for contempt of court under this section.
(4) A child imprisoned for contempt under this section shall be imprisoned only in a secure juvenile detention facility operated by or pursuant to a contract with a county.
(5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.
(6) In addition to the penalties provided in this section, for the first violation the court shall revoke the child's privilege to drive for ninety days after the day the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. For the second and subsequent violations the child may not petition the court for reinstatement of the privilege to drive until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
NEW SECTION. Sec. 4. A new section is added to chapter 74.13 RCW to read as follows:
The department of social and health services shall maintain a toll-free hotline to assist parents of runaway children. The hotline shall provide parents with a complete description of their rights when dealing with their runaway child.
NEW SECTION. Sec. 5. A new section is added to chapter 43.101 RCW to read as follows:
The criminal justice training commission shall ensure that every law enforcement agency in the state has an accurate and up-to-date policy manual describing the statutes relating to juvenile runaways.
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