AN ACT Relating to child abuse and dependency proceedings; amending RCW 13.04.030, 13.04.040, 13.04.093, 13.04.450, 13.32A.040, 13.32A.050, 13.32A.060, 13.32A.070, 13.32A.090, 13.32A.130, 13.34.030, 13.34.055, 13.34.070, 13.34.090, 13.34.100, 13.34.110, 13.34.130, 26.12.170, 26.44.010, 26.44.020, 26.44.030, 26.44.040, 26.44.050, 26.44.053, 26.44.056, 26.44.060, 26.44.070, 26.44.080, 74.13.031, and 74.15.030; reenacting and amending RCW 13.34.060; recodifying RCW 26.44.010, 26.44.020, 26.44.030, 26.44.040, 26.44.050, 26.44.053, 26.44.056, 26.44.060, 26.44.070, 26.44.080, and 26.44.900; repealing RCW 13.32A.100, 13.32A.120, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.180, 13.32A.190, 13.32A.200, and 13.34.050; and prescribing penalties.

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

Sec. 1. Section 2, chapter 160, Laws of 1913 as last amended by section 1, chapter 272, Laws of 1984 and RCW 13.04.030 are each amended to read as follows:

The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

(1) Under the interstate compact on placement of children as provided in chapter ((~~26.34~~)) 13.33 RCW;

(2) Relating to children alleged or found to be dependent as provided in chapter ((~~26.44~~)) 13.33 RCW and in RCW 13.34.030 through 13.34.170, as now or hereafter amended;

(3) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210, as now or hereafter amended;

(4) ((~~To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;~~

~~(5)~~)) Relating to children alleged to be or found to be in need of involuntary civil commitment as provided in chapter 72.23 RCW;

((~~(6)~~)) (5) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, as now or hereafter amended, unless:

(a) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110, as now or hereafter amended; or

(b) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

(c) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or subsection ((~~(6)~~)) (5)(a) of this section: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;

((~~(7)~~)) (6) Under the interstate compact on juveniles as provided in chapter 13.24 RCW; and

((~~(8)~~)) (7) Relating to termination of a diversion agreement under RCW 13.40.080 as now or hereafter amended, including a proceeding in which the divertee has attained eighteen years of age.

Sec. 2. Section 3, chapter 160, Laws of 1913 as last amended by section 14, chapter 191, Laws of 1983 and RCW 13.04.040 are each amended to read as follows:

The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:

(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to RCW 13.34.040, 13.34.180, and 13.40.070 as now or hereafter amended((~~, and RCW 13.32A.150~~));

(2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;

(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, as now or hereafter amended, and ensure that the requirements of such agreements are met except as otherwise provided in this title;

(4) Prepare predisposition studies as required in RCW 13.34.120 and 13.40.130, as now or hereafter amended, and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department of social and health services for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department of social and health services unless otherwise ordered by the court; and

(5) Supervise court orders of disposition to ensure that all requirements of the order are met.

All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.

The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.

The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.

The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080, as now or hereafter amended.

The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and (13) and for the payment of the fines into the county general fund.

Sec. 3. Section 9, chapter 291, Laws of 1977 ex. sess. as amended by section 6, chapter 165, Laws of 1979 ex. sess. and RCW 13.04.093 are each amended to read as follows:

It shall be the duty of the prosecuting attorney to act in proceedings relating to the commission of a juvenile offense as provided in RCW 13.40.070 and 13.40.090 and in proceedings under RCW 72.23.070. It shall be the duty of the prosecuting attorney to handle delinquency cases under ((~~Title [chapter]~~)) chapter 13.24 RCW and it shall be the duty of the attorney general to handle dependency cases under ((~~Title [chapter]~~)) chapter 13.24 RCW. ((It shall be the duty of the attorney general in contested cases brought by the department to present the evidence supporting any petition alleging dependency or seeking the termination of a parent and child relationship or any contested case filed under *RCW 26.32.034(2) or approving or disapproving alternative residential placement: PROVIDED, That in class 1 through 9 counties the attorney general may contract with the prosecuting attorney of the county to perform said duties of the attorney general.))

Sec. 4. Section 20, chapter 299, Laws of 1981 and RCW 13.04.450 are each amended to read as follows:

The provisions of chapters 13.04, 13.33, 13.34, and 13.40 RCW, as now or hereafter amended, shall be the exclusive authority for the adjudication and disposition of juveniles dependent and in conflict, and juvenile offenders except where otherwise expressly provided.

Sec. 5. Section 18, chapter 155, Laws of 1979 as amended by section 1, chapter 298, Laws of 1981 and RCW 13.32A.040 are each amended to read as follows:

Families who are in conflict may request family reconciliation services from the department. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact ((~~wherever possible~~)). Family reconciliation services shall be designed to develop skills and supports within families to resolve family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family.

Sec. 6. Section 19, chapter 155, Laws of 1979 as amended by section 2, chapter 298, Laws of 1981 and RCW 13.32A.050 are each amended to read as follows:

A law enforcement officer shall take a child into custody:

(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

(2) If a law enforcement officer reasonably believes that a child is in circumstances which constitute a danger to the child's physical safety; or

(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order ((~~issued pursuant to chapter 13.32A RCW~~)).

Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

Sec. 7. Section 20, chapter 155, Laws of 1979 as amended by section 3, chapter 298, Laws of 1981 and RCW 13.32A.060 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 may 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~~)) probability 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~~)) 13.33.--- (section 21 of this 1985 act); or

((~~(iii) If it is not practical to transport the child to his or her home; or~~

~~(iv)~~))(ii) If there is no parent available to accept custody of the child.

(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. 8. Section 21, chapter 155, Laws of 1979 as amended by section 5, chapter 298, Laws of 1981 and RCW 13.32A.070 are each amended to read as follows:

An officer taking a child into custody under RCW 13.32A.050 may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home ((~~or an alternative residential placement can be agreed to or determined pursuant to this chapter~~)). An officer placing a child with a responsible adult other than his or her parent shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.

A law enforcement officer acting reasonably and in good faith pursuant to this chapter in releasing a child to a person other than a parent of such child is immune from civil or criminal liability for such action. A person other than a parent of such child who receives a child pursuant to this chapter and who acts reasonably and in good faith in doing so is immune from civil or criminal liability for the act of receiving such child. Such immunity does not release such person from liability under any other law including the laws regulating licensed child care and prohibiting child abuse.

Sec. 9. Section 23, chapter 155, Laws of 1979 as amended by section 7, chapter 298, Laws of 1981 and RCW 13.32A.090 are each amended to read as follows:

(1) The person in charge of a designated crisis residential center or the department pursuant to RCW 13.32A.070 shall perform the duties under subsection (2) of this section:

(a) Upon admitting a child who has been brought to the center by a law enforcement officer under RCW 13.32A.060;

(b) Upon admitting a child who has run away from home or has requested admittance to the center;

(c) Upon learning from a person under RCW 13.32A.080((~~(2)~~))(3) that the person is providing shelter to a child absent from home; or

(d) Upon learning that a child has been placed with a responsible adult pursuant to RCW 13.32A.070.

(2) When any of the circumstances under subsection (1) of this section are present, the person in charge of a center shall perform the following duties:

(a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement; and

(b) ((Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this chapter;

(c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(12) governing child abuse and neglect in this state;

~~(d)~~)) Arrange transportation for the child to the residence of the parent, as soon as practicable, at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses to be assumed by the department, when the child and his or her parent agrees to the child's return home((;

(e) Arrange transportation for the child to an alternative residential placement which may include a licensed group care facility or foster family when agreed to by the child and parent at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department)).

Sec. 10. Section 27, chapter 155, Laws 1979 as amended by section 9, chapter 298, Laws of 1981 and RCW 13.32A.130 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 placement under the rules and regulations established for the center for a period not to exceed seventy-two hours, excluding Saturdays, Sundays, and holidays, 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~~)) reconcile the family or refer the child to child protective services. Reconciliation and voluntary return of the child ((~~has not been achieved~~)) shall be within forty-eight hours, excluding Saturdays, Sundays and holidays, 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 seventy-two hour 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 and to obtain assistance in filing the petition; and (3) the right to request a review of such a placement: PROVIDED, That at no time shall information regarding a parent's or child's rights be withheld if requested)) and the child shall be returned home or referred to child protective services. Information regarding a parent's and a child's rights and responsibilities shall be provided.

Sec. 11. Section 31, chapter 291, Laws of 1977 ex. sess. as last amended by section 2, chapter 311, Laws of 1983 and RCW 13.34.030 are each amended to read as follows:

For purposes of this chapter:

(1) "Child" and "juvenile" means any individual under the age of eighteen years;

(2) "Dependent child" means any child:

(a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has evidenced either by statement or conduct, a settled intent to forego, for an extended period, all parental rights or all parental responsibilities despite an ability to do so;

(b) Who is abused or neglected as defined in chapter ((~~26.44~~)) 13.33 RCW by a person legally responsible for the care of the child;

(c) Who has no parent, guardian, or custodian ((~~willing and capable of adequately~~)) caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's ((~~psychological or~~)) physical development; or

(d) Who is developmentally disabled, as defined in RCW 71.20.016 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.

Sec. 12. Section 4, chapter 95, Laws of 1984 and RCW 13.34.055 are each amended to read as follows:

(1) A law enforcement officer shall take into custody a child taken in violation of RCW 9A.40.060 or 9A.40.070. The law enforcement officer shall make every reasonable effort to avoid placing additional trauma on the child by obtaining such custody at times and in a manner least disruptive to the child. The law enforcement officer shall return the child to the person or agency having the right to physical custody unless the officer has reasonable grounds to believe the child should be taken into custody under RCW ((~~13.34.050 or 26.44.050~~)) 13.33.--- (section 24 of this 1985 act). If there is no person or agency having the right to physical custody available to take custody of the child, the officer may place the child in shelter care as provided in RCW 13.34.060.

(2) A law enforcement officer or public employee acting reasonably and in good faith shall not be held liable in any civil action for returning the child to a person having the apparent right to physical custody.

Sec. 13. Section 34, chapter 291, Laws of 1977 ex. sess. as last amended by section 5, chapter 95, Laws of 1984 and by section 3, chapter 188, Laws of 1984 and RCW 13.34.060 are each reenacted and amended to read as follows:

(1) A child taken into custody pursuant to RCW ((~~13.34.050 or 26.44.050~~)) 13.33.--- (section 24 of this 1985 act) shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to that section. Whenever a child is taken into such custody pursuant to this section, the supervising agency may authorize routine medical and dental examination and care and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW ((~~13.34.055, 13.34.050, or 26.44.050~~)) 13.33.--- (section 24 of this 1985 act) be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Sundays and holidays, after such child is taken into custody unless a court order ((~~has been~~)) is entered for continued shelter care. ((~~The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing if one is requested.~~)) After seventy-two hours, the child shall be returned home or a shelter care hearing shall be held.

(2) The juvenile court counselor assigned to the matter shall ((~~make all reasonable efforts to~~)) advise the parents, guardian, or legal custodian of the time and place of ((~~any~~)) the shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.

(3) At the commencement of the shelter care hearing the court shall advise the parties of their basic rights as provided in RCW 13.34.090 and shall appoint counsel pursuant to RCW 13.34.090 if counsel has not been retained by the parent or guardian and if the parent or guardian is indigent, unless the court finds that the right to counsel has been expressly and voluntarily waived.

(4) The court shall examine the need for shelter care. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care.

(5) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care, except that such recommendation shall be submitted by the department of social and health services in cases where the petition alleging dependency has been filed by the department of social and health services, unless otherwise ordered by the court.

(6) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is ((~~reasonable~~)) compelling cause to believe that:

(a) The child has no parent, guardian, or legal custodian to provide supervision and care for such child;

(b) The release of such child would present a serious threat of substantial harm to such child; or

(c) ((~~The parent, guardian, or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070;~~

~~(d)~~)) Reasonable efforts have not been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home.

If the court does not release the child to his or her parent, guardian, or legal custodian, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order.

(7) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care ((~~for failure of the parties to conform to the conditions originally imposed~~)) if the child's health and safety is in danger.

(8) A shelter care order issued pursuant to this section may be amended at any time with notice and hearing thereon. ((~~The shelter care decision of placement shall be modified only upon a showing of change in circumstances.~~)) No child may be detained for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.

Sec. 14. Section 6, chapter 160, Laws of 1913 as last amended by section 3, chapter 311, Laws of 1983 and RCW 13.34.070 are each amended to read as follows:

(1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The hearing on the petition shall be set for a time no later than forty-five days after the filing of the petition and shall be held at such time, unless for good cause the hearing is continued to a later time at the request of either party.

(2) A copy of the petition shall be attached to each summons.

(3) The summons shall advise the parties of the right to counsel.

(4) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

(5) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest ((~~or that the child needs to be taken into custody pursuant to RCW 13.34.050~~)), the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

(6) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (4) or (5) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:

NOTICE:

VIOLATION OF THIS ORDER

IS SUBJECT TO PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070.

(7) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally at least five court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail at least ten court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

(8) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, or probation counselor((~~, or department of social and health services social worker~~)).

(9) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.

Sec. 15. Section 37, chapter 291, Laws of 1977 ex. sess. as amended by section 42, chapter 155, Laws of 1979 and RCW 13.34.090 are each amended to read as follows:

Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.

At all stages of a proceeding in which a child is alleged to be dependent pursuant to RCW 13.34.030(2), the child's parent or guardian has the right to be represented by counsel, and if indigent, to have independent counsel appointed for him or her by the court. The standard of proof required is clear, cogent, and convincing.

Sec. 16. Section 38, chapter 291, Laws of 1977 ex. sess. as amended by section 43, chapter 155, Laws of 1979 and RCW 13.34.100 are each amended to read as follows:

((The court, at any stage of a proceeding under this chapter, may appoint an attorney and/or a guardian ad litem for a child who is a party to the proceedings. A party to the proceeding or the party's employee or representative shall not be so appointed. Such)) The child's attorney ((~~and/or guardian ad litem~~)) shall receive all notice contemplated for a parent in all proceedings under this chapter. A report by the ((~~guardian ad litem~~)) attorney to the court shall contain((~~, where~~)) relevant((,)) information as to the child, including information on the legal status of a child's membership in any Indian tribe or band.

Sec. 17. Section 5, chapter 302, Laws of 1961 as last amended by section 4, chapter 311, Laws of 1983 and RCW 13.34.110 are each amended to read as follows:

The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown. The parties need not appear at the fact-finding or dispositional hearing if all are in agreement; but the court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The ((~~general public shall be excluded, and only such~~)) hearings shall be open unless closed by the court upon motion of the parent for good cause shown. Persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court.

Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

Sec. 18. Section 4, chapter 188, Laws of 1984 and RCW 13.34.130 are each amended to read as follows:

If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

(1) The court shall order one of the following dispositions of the case:

(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Such an order may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home and that:

(i) There is no parent or guardian available to care for such child;

(ii) ((~~The child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian;~~

~~(iii) The parent, guardian, or legal custodian is not willing to take custody of the child;~~

~~(iv)~~)) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home; or

((~~(v)~~)) (iii) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

(2) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties.

(a) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody and what requirements the parents must meet in order to resume custody.

(b) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement.

(c) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(d) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

(3) The status of all children found to be dependent shall be reviewed by the court at least every six months at a hearing in which it shall be determined whether court supervision should continue.

(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

(b) If the child is not returned home, the court shall establish in writing:

(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion;

(ii) The extent to which the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

(iii) Whether the agency is satisfied with the cooperation given to it by the parents;

(iv) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered; and

(v) When return of the child can be expected.

(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

Sec. 19. Section 17, chapter 50, Laws of 1949 as last amended by section 5, chapter 219, Laws of 1983 and RCW 26.12.170 are each amended to read as follows:

The hearing shall be conducted informally as a conference or series of conferences to effect the reconciliation of the parties or an amicable adjustment or settlement of the issues of the controversy. To facilitate and promote the purposes of this chapter, the court may order or recommend the aid of physicians, psychiatrists, or other specialists or may recommend the aid of the pastor or director of any religious denomination to which the parties may belong. Such aid, however, shall be at the expense of the parties involved and shall not be at the expense of the court or of the county unless the board of county commissioners shall specifically authorize such aid.

If the court has ((~~reasonable~~)) compelling cause to believe that a child of the parties has suffered abuse or neglect it may file a report with the proper law enforcement agency or the department of social and health services as provided in RCW ((~~26.44.040~~)) 13.33.--- (section 23 of this 1985 act). Upon receipt of such a report the law enforcement agency or the department of social and health services will conduct an investigation into the cause and extent of the abuse or neglect. The findings of the investigation may be made available to the court if ordered by the court as provided in RCW 42.17.310(3). The findings shall be restricted to the issue of abuse and neglect and shall not be considered custody investigations.

Sec. 20. Section 1, chapter 13, Laws of 1965 as last amended by section 1, chapter 97, Laws of 1984 and RCW 26.44.010 are each amended to read as follows:

The Washington state legislature finds and declares: The family unit is the fundamental resource of American life which should be nurtured and should remain intact in the absence of compelling evidence to the contrary. The bond between a child and his or her parent, custodian, or guardian is of paramount importance, and any intervention into the life of a child is also an intervention into the life of the parent, custodian, or guardian; however, instances of nonaccidental injury, neglect, death, sexual abuse and cruelty to children by their parents, custodians or guardians have occurred, and in the instance where a child is deprived of his or her right to conditions of minimal nurture, health, and safety, the state is justified in emergency intervention based upon verified information; and therefore the Washington state legislature hereby provides for the reporting of such cases to the appropriate public authorities. It is the intent of the legislature that, as a result of such reports, protective services shall be made available in an effort to prevent further abuses, and to safeguard the general welfare of such children: PROVIDED, That such reports shall be maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious or erroneous information or actions: PROVIDED FURTHER, That this chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health((~~, welfare~~)) and safety.

Adult dependent persons not able to provide for their own protection through the criminal justice system shall also be afforded the protection offered children through the reporting and investigation requirements mandated in this chapter.

Sec. 21. Section 2, chapter 13, Laws of 1965 as last amended by section 2, chapter 97, Laws of 1984 and RCW 26.44.020 are each amended to read as follows:

For the purpose of and as used in this chapter:

(1) "Court" means the superior court of the state of Washington, juvenile department.

(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatry, optometry, chiropractic, nursing, dentistry, osteopathy and surgery, or medicine and surgery. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

(5) "Department" means the state department of social and health services.

(6) "Child" or "children" means any person under the age of eighteen years of age.

(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

(8) "Social worker" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(12) (("Child abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed thereby. An abused child is a child who has been subjected to child abuse or neglect as defined herein: PROVIDED, That this subsection shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare, and safety.

~~(13)~~)) "Child protective services section" shall mean the child protective services section of the department.

((~~(14)~~)) (13) "Adult dependent persons not able to provide for their own protection through the criminal justice system" shall be defined as those persons over the age of eighteen years who have been found legally incompetent pursuant to chapter 11.88 RCW or found disabled to such a degree pursuant to said chapter, that such protection is indicated: PROVIDED, That no persons reporting injury, abuse, or neglect to an adult dependent person as defined herein shall suffer negative consequences if such a judicial determination of incompetency or disability has not taken place and the person reporting believes in good faith that the adult dependent person has been found legally incompetent pursuant to chapter 11.88 RCW.

(14) "Protective services for children" means services on behalf of children, under the age of eighteen years, who are the subject of an alleged or an indicated report of abuse or maltreatment. The following services may be considered protective services for children:

(a) Identification and diagnosis;

(b) Receipt of child abuse or maltreatment reports and investigation thereof including the obtaining of information from collateral contacts such as hospitals, schools, and police;

(c) Making determinations that there is credible evidence of child abuse or maltreatment, or closing the case if no credible evidence is found;

(d) Providing counseling, therapy, and training courses for the parents or guardian of the individual, including parent aide services;

(e) Counseling and therapy for individuals at risk of physical harm;

(f) Arranging for emergency shelter for children who are the subject of an indicated report of abuse or maltreatment;

(g) Arranging for financial assistance, where appropriate;

(h) Assisting the juvenile court or the criminal court during all stages of a court proceeding in accordance with the purposes of chapter 13.34 RCW;

(i) Arranging for the provision of appropriate rehabilitative services, including but not limited to, preventive services and voluntary foster care for children;

(j) Providing directly or arranging for, either through purchase or referral, day care or homemaker services, without regard to financial criteria. Programmatic need for such service must have been established as a result of investigation of a report of child abuse or maltreatment received and such services must terminate as protective services for children when the case is closed;

(k) Monitoring the rehabilitative services being provided by someone other than the child protective services worker;

(l) Case management services;

(m) Case planning services; and

(n) Casework contacts. The purpose of casework contacts shall also be to reassess continually the parents' ability to provide a minimum standard of care to the child as well as to track the progress the parents are making toward achieving the goals set forth in the family and children's services plan.

The child protective services shall not provide any service to any individual who is not the subject of a child abuse, neglect, or maltreatment report or a member of the subject's family, including other children in the same home.

(15) "Investigation" or "assessment" means that the child protective services shall commence an appropriate investigation of each report of child abuse, neglect, or maltreatment within twenty-four hours after receiving a child abuse, neglect, or maltreatment report. Within twenty-four hours of receiving a child abuse, neglect, or maltreatment report, the child protective services shall conduct a face-to-face contact or a telephone contact with the subjects of the report or other persons in a position to assess the immediate risk to the child of physical harm. The full child protective investigation shall include the following activities:

(a) Face-to-face interviews with subjects of the report and family members of such subjects;

(b) The obtaining of information from the reporting sources and other collateral contacts such as hospitals, schools, police, and social service agencies;

(c) An evaluation of the environment of the child named in the report and any other children in the home and a determination of the risk to such children if they continue to remain in the existing home environment;

(d) A determination of the nature, extent, and cause of any condition enumerated in such report and any other condition that may constitute abuse or maltreatment;

(e) Obtaining the name, age, and condition of other children in the home; and

(f) After seeing that the child or children named in the report are safe, notifying the subjects of the report in writing, no later than seven days after receipt of the oral report, of the existence of the report and their rights under chapter 13.34 RCW.

(16) "Abused child" means a child, less than eighteen years of age, whose parent or other person legally responsible for his or her care:

(a) Inflicts or allows to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical health, or protracted loss or impairment of the function of any bodily organ;

(b) Creates or allows to be created a substantial risk of physical injury to such child by other than accidental means that would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical health, or protracted loss or impairment of the function of any bodily organ;

(d) Wrongfully deprives a child of his or her rights to property, home, or family relationships.

(17) "Neglected or maltreated child" means a child, less than eighteen years of age:

(a) Whose physical condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other person legally responsible for his or her care to exercise a minimum degree of care:

(i) In supplying the child with adequate food, clothing, shelter, or education as required by law, or medical, dental, optometrical, or surgical care, though financially able to do so or offered financial or other reasonable means to do so; or

(ii) In providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment, or by misusing a drug or drugs, or by misusing alcoholic beverages to the extent that the parent or other person legally responsible loses self-control of his or her actions, or by any other acts of a similarly serious nature requiring the aid of the court, however, if the parent or other person legally responsible is voluntarily and regularly participating in a rehabilitative program, evidence that the parent or other person legally responsible has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he or she loses self-control of his or her actions shall not alone establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental, or emotional condition has been impaired or that the child is in imminent danger of becoming impaired as provided in subsection (1) of this section;

(b) Who has been abandoned by his or her parents or other person legally responsible for his or her care; or

((~~(15)~~)) (18) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes as those acts are defined by state law by any person.

(((16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.))

(19) "Monitoring" means the active continued involvement of the local district's child protective services with those indicated cases of child abuse and maltreatment that are open but where the child protective services workers are not the primary service provider for the case. The purpose of such involvement is to ensure that the established plan for services addresses the health and safety of the child, the reason for the indication of the case, and that the established plan for services is being implemented by the services providers.

(20) "Monitor" refers to the employee of the child protective services who monitors the services being provided by someone other than that employee to the subjects of an indicated case of child abuse or maltreatment that is open.

Sec. 22. Section 3, chapter 13, Laws of 1965 as last amended by section 3, chapter 97, Laws of 1984 and RCW 26.44.030 are each amended to read as follows:

(1) When any practitioner, professional school personnel, registered or licensed nurse, social worker, psychologist, pharmacist, or employee of the department has ((~~reasonable~~)) compelling cause to believe that a child or adult dependent person ((~~has suffered~~)) is suffering abuse or neglect, he shall report such incident, or cause a report to be made, to ((~~the proper~~)) a law enforcement agency ((~~or to the department~~)) as provided in RCW ((~~26.44.040~~)) 13.33.--- (section 23 of this 1985 act). The report shall be made at the first opportunity, but in no case longer than ((~~seven days~~)) twenty-four hours after there is ((~~reasonable~~)) compelling cause to believe that the child or adult ((~~has suffered~~)) is suffering abuse or neglect.

(2) Any other person who has ((~~reasonable~~)) compelling cause to believe that a child or adult dependent person has suffered abuse or neglect may report such incident to ((~~the proper~~)) a law enforcement agency or to the department of social and health services as provided in RCW ((~~26.44.040~~)) 13.33.--- (section 23 of this 1985 act) as now or hereafter amended.

(3) ((The department upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent person who has died or has had physical injury or injuries inflicted upon him other than by accidental means or who has been subjected to sexual abuse shall report such incident to the proper law enforcement agency.

~~(4)~~)) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent person who has died or has had physical injury or injuries inflicted upon him other than by accidental means or reasonable parental discipline, or who has been subjected to sexual abuse, shall report such incident to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime has been committed. The law enforcement agency shall also notify in writing as provided in RCW 13.33.--- (section 23 of this 1985 act) the department of social and health services of all reports received and of the disposition of the report.

Sec. 23. Section 4, chapter 13, Laws of 1965 as last amended by section 4, chapter 97, Laws of 1984 and RCW 26.44.040 are each amended to read as follows:

An immediate oral report shall be made by telephone or otherwise to ((~~the proper~~)) a law enforcement agency ((~~or the department of social and health services~~)) and((~~, upon request,~~)) shall be followed by a report in writing. Such reports shall contain the following information, if known:

(1) The name, address, and age of the child or adult dependent person;

(2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child or the residence of the adult dependent person;

(3) The nature and extent of the injury or injuries;

(4) The nature and extent of the neglect;

(5) The nature and extent of the sexual abuse;

(6) Any evidence of previous injuries, including their nature and extent; and

(7) Any other information which may be helpful in establishing the cause of the child's or adult dependent person's death, injury, or injuries and the identity of the perpetrator or perpetrators.

Sec. 24. Section 5, chapter 13, Laws of 1965 as last amended by section 5, chapter 97, Laws of 1984 and RCW 26.44.050 are each amended to read as follows:

Upon the receipt of a report concerning the possible occurrence of abuse or neglect, it shall be the duty of the law enforcement agency or the department of social and health services to investigate and provide the protective services section with a report in accordance with the provisions of chapter 74.13 RCW, and where necessary to refer such report to the court.

Only a law enforcement officer may take((~~, or cause to be taken,~~)) a child into custody without a court order if there is ((~~probable~~)) compelling cause to believe that the child is abused or neglected and that the child would be injured ((~~or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050~~)). Notwithstanding the provisions of RCW 13.04.130 as now or hereafter amended, the law enforcement agency or the department of social and health services investigating such a report ((~~is hereby authorized to~~)) shall photograph visible injuries to such a child or adult dependent person for the purpose of providing documentary evidence of the physical condition of the child or disabled person.

Sec. 25. Section 8, chapter 217, Laws of 1975 1st ex. sess. and RCW 26.44.053 are each amended to read as follows:

(1) In any judicial proceeding in which it is alleged that a child has been subjected to child abuse or neglect the court shall appoint ((~~a guardian ad litem~~)) an attorney for the child((~~: PROVIDED, That the requirement of a guardian ad litem shall be deemed satisfied if the child is represented by counsel in the proceedings~~)).

(2) At any time prior to or during a hearing in such a case, when the court finds upon clear, cogent and convincing evidence that an incident of child abuse or neglect has recently occurred, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a licensed physician, psychologist or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist or psychiatrist conducting such an examination ((~~may be required to~~)) shall testify in the dispositional hearing concerning the results of such examination and ((~~may be asked to~~)) shall give his opinion consistent with the legislative purpose stated in RCW 13.33.--- (section 20 of this 1985 act) as to whether the protection of the child requires that he not be returned to the custody of his parents or other persons having custody of him at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No testimony given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the abuse or neglect of the child.

(3) A parent or other person having legal custody of a child alleged to be a child subjected to abuse or neglect shall be a party to any proceeding, including preliminary investigations, that may as a practical matter impair or impede such person's interest in custody or control of his or her child, or the child's rights to property, home, and family relationships.

Sec. 26. Section 9, chapter 217, Laws of 1975 1st ex. sess. as last amended by section 3, chapter 246, Laws of 1983 and RCW 26.44.056 are each amended to read as follows:

(1) An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if the circumstances or conditions of the child are such that the detaining individual has ((~~reasonable~~)) compelling cause to believe that permitting the child to continue in his or her place of residence or in the care and custody of the parent, guardian, custodian or other person legally responsible for the child's care would present an imminent danger to that child's safety: PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services pursuant to RCW ((~~26.44.040~~)) 13.33.--- (section 23 of this 1985 act). Such notification shall be made as soon as possible and in no case longer than ((~~seventy-two~~)) seventy hours. Such temporary protective custody by an administrator or doctor shall not be deemed an arrest. Child protective services may detain the child until the court assumes custody, but in no case longer than seventy-two hours, excluding Saturdays, Sundays, and holidays.

(2) Whenever an administrator or physician has ((~~reasonable~~)) compelling cause to believe that a child would be in imminent danger if released to a parent, guardian, custodian, or other person or is in imminent danger if left in the custody of a parent, guardian, custodian, or other person, the administrator or physician may notify a law enforcement agency and the law enforcement agency shall take the child into custody ((~~or cause the child to be taken into custody~~)). The law enforcement agency shall release the child to the custody of child protective services. Child protective services shall detain the child until the court assumes custody or upon a documented and substantiated record that in the professional judgment of the child protective services the child's safety will not be endangered if the child is returned. If the child is returned, the department shall establish a six-month plan to monitor and assure the continued safety of the child's life or health. The monitoring period may be extended for good cause.

(3) A child protective services employee, an administrator, doctor, or law enforcement officer shall not be held liable in any civil action for the decision for taking the child into custody, if done in good faith under this section.

Sec. 27. Section 6, chapter 13, Laws of 1965 as last amended by section 9, chapter 129, Laws of 1982 and RCW 26.44.060 are each amended to read as follows:

(1) Any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.

(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW ((~~26.44.056~~)) 13.33.--- (section 26 of this 1985 act) shall not be subject to criminal or civil liability for such taking into custody.

(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.

Sec. 28. Section 6, chapter 35, Laws of 1969 ex. sess. as last amended by section 6, chapter 97, Laws of 1984 and RCW 26.44.070 are each amended to read as follows:

The department shall maintain a central registry of ((~~reported~~)) adjudicated cases of child abuse or abuse of an adult dependent person and shall adopt such rules and regulations as necessary in carrying out the provisions of this section. Records in the central registry shall be considered confidential and privileged and will not be available except upon court order to any person or agency except (1) law enforcement agencies as defined in this chapter in the course of an investigation of alleged abuse or neglect; (2) protective services workers or juvenile court personnel who are investigating reported incidents of abuse or neglect; (3) department of social and health services personnel who are investigating the character and/or suitability of an agency and other persons who are applicants for licensure, registration, or certification, or applicants for employment with such an agency or persons, or under contract to or employed by an agency or persons directly responsible for the care and treatment of children, expectant mothers, or adult dependent persons pursuant to chapter 74.15 RCW; (4) department of social and health services personnel who are investigating the character or suitability of any persons with whom children may be placed under the interstate compact on the placement of children, chapter 26.34 RCW; (5) physicians who are treating the child or adult dependent person or family; (6) any child or adult dependent person named in the registry who is alleged to be abused or neglected, or his or her guardian ad litem and/or attorney; (7) a parent, guardian, or other person legally responsible for the welfare and safety of the child or adult dependent person named in the registry; (8) any person engaged in a bona fide research purpose, as determined by the ((~~department~~)) court, according to rules and regulations, provided that information identifying the persons of the registry shall remain privileged; and (9) any individual whose name appears on the registry shall have access to his own records. Those persons or agencies exempted by this section from the confidentiality of the records of the registry shall not further disseminate or release such information so provided to them and shall respect the confidentiality of such information, and any violation of this section shall constitute a misdemeanor.

Sec. 29. Section 3, chapter 167, Laws of 1971 ex. sess. as amended by section 10, chapter 129, Laws of 1982 and RCW 26.44.080 are each amended to read as follows:

Every person who is required to make, or to cause to be made, a report pursuant to RCW ((~~26.44.030 and 26.44.040~~)) 13.33.--- and 13.33.--- (sections 22 and 23 of this 1985 act), and who knowingly fails to make, or fails to cause to be made, such report, shall be guilty of a gross misdemeanor.

Sec. 30. Section 17, chapter 172, Laws of 1967 as last amended by section 4, chapter 246, Laws of 1983 and RCW 74.13.031 are each amended to read as follows:

The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

(2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the house and senate committees on social and health services. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the house and senate committees on social and health services.

(6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

(8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, day care, licensing of child care agencies, and services related thereto. At least one-third of the membership shall be composed of child care providers.

(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

Notwithstanding ((~~any other provision of RCW 13.32A.170 through 13.32A.200 and~~)) RCW 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No. 93-415; 42 U.S.C. 5634 et seq.; and 42 U.S.C. 5701 note as amended by P.L. 94-273, 94-503, and 95-115).

Sec. 31. Section 3, chapter 172, Laws of 1967 as last amended by section 5, chapter 188, Laws of 1984 and RCW 74.15.030 are each amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure. Such investigation shall include an examination of the child abuse and neglect register established under chapter ((~~26.44~~)) 13.33 RCW on all agencies seeking a license under this chapter. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons, and shall safeguard the information in the same manner as the child abuse registry established in RCW ((~~26.44.070~~)) 13.33.--- (section 28 of this 1985 act). Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served.

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons.

(4) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(5) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(6) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(7) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the children's services advisory committee; and

(8) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.

NEW SECTION. Sec. 32. The following acts or parts of acts are each repealed:

(1) Section 24, chapter 155, Laws of 1979, section 8, chapter 298, Laws of 1981 and RCW 13.32A.100;

(2) Section 26, chapter 155, Laws of 1979 and RCW 13.32A.120;

(3) Section 28, chapter 155, Laws of 1979, section 10, chapter 298, Laws of 1981 and RCW 13.32A.140;

(4) Section 29, chapter 155, Laws of 1979, section 11, chapter 298, Laws of 1981 and RCW 13.32A.150;

(5) Section 30, chapter 155, Laws of 1979 and RCW 13.32A.160;

(6) Section 31, chapter 155, Laws of 1979, section 12, chapter 298, Laws of 1981, section 1, chapter 188, Laws of 1984 and RCW 13.32A.170;

(7) Section 15, chapter 298, Laws of 1981 and RCW 13.32A.175;

(8) Section 32, chapter 155, Laws of 1979 and RCW 13.32A.180;

(9) Section 33, chapter 155, Laws of 1979, section 13, chapter 298, Laws of 1981, section 2, chapter 188, Laws of 1984 and RCW 13.32A.190;

(10) Section 34, chapter 155, Laws of 1979 and RCW 13.32A.200; and

(11) Section 33, chapter 291, Laws of 1977 ex. sess., section 38, chapter 155, Laws of 1979 and RCW 13.34.050.

NEW SECTION. Sec. 33. (1) RCW 26.44.010, 26.44.020, 26.44.030, 26.44.040, 26.44.050, 26.44.053, 26.44.056, 26.44.060, 26.44.070, 26.44.080 , as amended by this act are each recodified in a new chapter to be designated chapter 13.33 RCW.

(2) RCW 26.44.900 is recodified in a new chapter to be designated chapter 13.33 RCW.