BILL REQ. #:  H-2118.1 

READ FIRST TIME 03/04/03.   

     AN ACT Relating to the provision of shelter to a minor; amending RCW 13.32A.082; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that youth shelters provide safety to youth on the streets and are the main pathway to getting youth off of the streets, putting them in contact with individuals who will help them reconnect with their families, and connecting them to services and programs that will help them stay off of the streets. In order to effectively serve youth on the streets, shelters must be able to establish and maintain an environment that facilitates open communication and trust. If shelters are required to notify a youth's parents, law enforcement, or the department of social and health services of the location of the youth, before the staff of the shelter have the opportunity to examine the youth's situation and the youth's reasons for being on the streets, youth will choose to remain on the streets rather than seek the services of youth shelters.

Sec. 2   RCW 13.32A.082 and 2000 c 123 s 10 are each amended to read as follows:
     (1)(a) Except as provided in subsection (b) of this section, any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home without the permission of the parent, or other lawfully prescribed residence, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department. ((The report may be made by telephone or any other reasonable means.))
     (b)(i) A professional, or his or her designee, employed by a licensed overnight youth shelter or organization whose stated mission is to provide services to homeless or runaway youth and their families, who, without legal authorization, provides shelter to a minor and knows at the time of providing shelter that the minor is away from a lawfully prescribed residence or home without the parent's permission, shall report to the department the name of the minor and the fact that the minor has made contact with the shelter or organization. The report under this subsection (1)(b) must be made to the department within twenty-four hours after the shelter or organization has actual knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.
     (ii) If the professional, or his or her designee, indicates to the department that he or she is making the report pursuant to this subsection (1)(b), the department shall not release information regarding the location of the child or the identity of the shelter, organization, or professional or the professional's designee for forty-eight hours from the time the department receives the report.
     (c) Reports required under this section may be made by telephone or any other reasonable means.
     (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
     (a) "Shelter" means the person's home or any structure over which the person has any control.
     (b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.
     (3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to immediately notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.
     (4) Except as provided in subsection (1)(b)(ii) of this section, nothing in this section prohibits any person from immediately reporting the identity and location of any minor who is away from a lawfully prescribed residence or home without parental permission more promptly than required under this section.