AN ACT Relating to juveniles; amending RCW 13.04.030, 13.32A.100, 13.32A.170, 13.32A.190, and 13.32A.050; adding new sections to chapter 13.32A RCW; 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 29, chapter 354, Laws of 1985 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 RCW;

(2) Relating to children alleged or found to be dependent as provided in chapter 26.44 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, and to approve or disapprove in-home placement as provided in section 4 of this 1986 act;

(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 (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;

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

(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; and

(8) Relating to curfew violations as provided in sections 9 through 12 of this 1986 act.

NEW SECTION. Sec. 2. A new section is added to chapter 13.32A RCW to read as follows:

(1) A parent of a minor who: (a) Has been a reported runaway on more than one occasion and (b) has been unable to resolve conflict with the parent after counseling from either family reconciliation services or other formal counseling services initiated by either the parent or minor may file a petition with the court requesting that the child be ordered to reside in the home of the parent.

(2) The department shall, when requested, assist the parent in the filing of a petition under subsection (1) of this section.

(3) A petition under subsection (1) of this section shall request an order for the child to be required to reside in the home of the parent and may request a specific list of rules by which the minor will be expected to abide.

(4) The filing of a petition to order a minor to reside in the home of the parent under subsection (1) of this section is not dependent upon the court having prior jurisdiction over the minor.

NEW SECTION. Sec. 3. A new section is added to chapter 13.32A RCW to read as follows:

(1) When a petition is filed under section 2 of this act, the juvenile court shall:

(a) Schedule a date for a fact-finding hearing;

(b) Notify the parent and the minor of the date;

(c) Inform the parent and the child of the legal consequences of the court entering an order for the minor to reside in the home of the parent; and

(d) Notify all parties of the right to present evidence at the fact-finding hearing.

(2) Upon the filing of a petition under section 2 of this act, the child may be placed, if not already placed, by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence determined by the department.

(3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three court days upon the request of the juvenile or the juvenile's parent.

NEW SECTION. Sec. 4. A new section is added to chapter 13.32A RCW to read as follows:

(1) The court shall hold a fact-finding hearing to consider a petition and may approve or deny the petition to order the child to reside in the home of the parent, giving due weight to the intent of the legislature that families, absent compelling reasons to the contrary, shall remain together and that parents have the right to place reasonable rules and restrictions upon their children. The court may appoint legal counsel and/or a guardian ad litem to represent the child and may advise parents of their right to be represented by legal counsel. The court may approve an order stating that the child shall be required to reside in the home of his or her parent only if it is established by a preponderance of the evidence that:

(a) The petition is not capricious;

(b) The petitioner has made a reasonable effort to resolve the conflict without seeking court intervention; and

(2) The order may be entered at the fact-finding hearing or the court may set a dispositional hearing on a date no later than fourteen days after the fact-finding hearing.

(3) The order may include:

(a) The requirement that the minor reside in the home of his or her parent;

(b) The requirement that the minor abide by a written list of reasonable rules while the order is in effect;

(d) Requirements for the family to attend counseling if the judge deems counseling would help resolve the family conflict. Written rules that the minor is required to abide by may include rules relating to attendance at informational classes, educational programs, or employment; rules to refrain from using alcohol or controlled substances; rules to obey a set curfew; and such other conditions or limitations as the court may require.

(4) A party in the order who fails to comply with a court order directing that the child remain at or return to the home of his or her parent shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within the time stipulated in subsection (3)(c) of this section. The contempt proceedings shall be in accordance with RCW 13.32A.250.

Sec. 5. Section 24, chapter 155, Laws of 1979 as amended by section 8, chapter 298, Laws of 1981 and RCW 13.32A.100 are each amended to read as follows:

(1) Where a child is placed in a residence other than that of his or her parent pursuant to RCW 13.32A.090(2)(e), the department shall make available family reconciliation services in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent.

(2) Where a minor has been ordered by the court to reside in the home of his or her parent pursuant to section 4 of this 1986 act, the department shall make available family reconciliation services in order to facilitate resolution of the family conflict. The provision of this service does not depend upon the department having custody of the minor.

Sec. 6. Section 31, chapter 155, Laws of 1979 as last amended by section 10, chapter 257, Laws of 1985 and RCW 13.32A.170 are each amended to read as follows:

(1) The court shall hold a fact-finding hearing to consider a proper petition and may approve or deny alternative residential placement giving due weight to the intent of the legislature that families, absent compelling reasons to the contrary, shall remain together and that parents have the right to place reasonable rules and restrictions upon their children. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence that:

(a) The petition is not capricious;

(b) The petitioner, if a parent or the child, has made a reasonable effort to resolve the conflict;

(c) The conflict which exists cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; and

(d) 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.

The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

(2) The order approving out-of-home placement shall direct the department to submit a disposition plan for a three-month placement of the child that is designed to reunite the family and resolve the family conflict. Such plan shall delineate any conditions or limitations on parental involvement. In making the order, the court shall further direct the department to make recommendations, as to which agency or person should have physical custody of the child, as to which parental powers should be awarded to such agency or person, and as to parental visitation rights. The court may direct the department to consider the cultural heritage of the child in making its recommendations.

(3) The hearing to consider the recommendations of the department for a three-month disposition plan shall be set no later than fourteen days after the approval of the court of a petition to approve alternative residential placement. Each party shall be notified of the time and place of such disposition hearing.

(4) If the court approves or denies a petition for an alternative residential placement, a written statement of the reasons shall be filed. If the court denies a petition requesting that a child be placed in a residence other than the home of his or her parent, the court shall enter an order requiring the child to remain at or return to the home of his or her parent. The order may include the requirement that the child abide by a written list of reasonable rules while the order is in effect.

(5) If the court denies the petition, the court shall impress upon the party filing the petition of the legislative intent to restrict the proceedings to situations where a family conflict is so great that it cannot be resolved by the provision of in-home services.

(6) A child who fails to comply with a court order directing that the child remain at or return to the home of his or her parent shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ninety calendar days after the day of the order.

Sec. 7. Section 33, chapter 155, Laws of 1979 as last amended by section 2, chapter 188, Laws of 1984 and RCW 13.32A.190 are each amended to read as follows:

(1) Upon making a dispositional order under RCW 13.32A.180, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in mediation programs for reconciliation of their conflict.

(2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with the goal of resolving the conflict and reuniting the family which governed the initial approval. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court is authorized to discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have displayed concerted efforts to utilize services and resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.

Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order that the child return to the home of the parent at the expiration of the placement. If continued out-of-home placement is disapproved, the court shall enter an order requiring that the child return to the home of the child's parent. The order may include the requirement that the child abide by a written list of reasonable rules while the order is in effect.

Sec. 8. Section 19, chapter 155, Laws of 1979 as last amended by section 7, chapter 257, Laws of 1985 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; or

(5) If a law enforcement officer has probable cause to believe that a child has violated section 10 of this 1986 act.

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.

An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.

NEW SECTION. Sec. 9. A new section is added to chapter 13.32A RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 9 through 12 of this act.

(1) "Direct route" means the shortest path of travel selected to reach the destination without detours or additional stops at any other destinations along the way.

(2) "Emergency" includes, but is not limited to, fire, natural disaster, an automobile accident, or obtaining medical care for the minor or a member of the minor's immediate family.

(3) "Minor" means any person under the age of sixteen years.

(4) "Operator" includes, but is not limited to, any agent or employee having control of a premises open for business.

(5) "Public place" means any street, alley, highway, park, or plaza which is used or open to members of the public, or any public building or place of business, amusement, or entertainment.

NEW SECTION. Sec. 10. A new section is added to chapter 13.32A RCW to read as follows:

(1) No minor shall be in, on, or remain in or on any public place between the hours of midnight and five in the morning unless:

(a) The minor is accompanied by a parent or a person twenty-one years of age or older who is authorized by the minor's parent to accompany the minor;

(b) The minor is traveling by direct route to or from a religious or political activity or an event sponsored by a school;

(d) The minor is traveling by direct route to or from the minor's place of lawful employment;

(e) The minor is on the sidewalk of the minor's legal residence or on the sidewalk of either next door neighbor; or

(f) The minor is involved in an emergency concerning the safety or welfare of the minor or the minor's family.

(2) Violation of this section by a minor is punishable by a civil fine not to exceed one hundred dollars or by twenty hours of community service.

NEW SECTION. Sec. 11. A new section is added to chapter 13.32A RCW to read as follows:

Any owner or operator of a premises open for business who permits a minor on the premises where the minor is in violation of section 10 of this act is guilty of a misdemeanor.

NEW SECTION. Sec. 12. A new section is added to chapter 13.32A RCW to read as follows:

(1) Law enforcement officers may stop and detain a minor to obtain the minor's name, age, and the address of the minor's parent to determine if the minor is in violation of section 10 of this act.

(2) The law enforcement officer may either deliver or arrange to deliver a minor taken into custody for violation of section 10 of this act to the residence of the minor's parents or to an overnight youth shelter facility approved by the department.

(3) A minor placed in an overnight youth shelter may be released to his or her parent at any time, or shall be released within a reasonable time after being taken into custody unless the law enforcement officer determines that the minor meets the conditions set forth in RCW 13.32A.050 (1), (3), or (4) or in RCW 13.32A.060 (1)(b) (i), (ii), or (iii) in which case the minor shall be transported to a designated crisis residential center.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.