AN ACT Relating to juveniles; amending RCW 13.32A.010, 13.32A.070, 13.32A.170, 13.32A.190, and 13.04.030; adding new sections to chapter 13.32A RCW; prescribing penalties; creating new sections; and declaring an emergency.

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

Sec. 1. Section 15, chapter 155, Laws of 1979 and RCW 13.32A.010 are each amended to read as follows:

The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. The legislature further finds that, because the time during which juveniles are maturing toward adulthood can be very difficult for them and their families, parents should have legal access to assistance from courts and service delivery systems for the purpose of resolving crisis situations involving their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

Sec. 2. 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:

(1) 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.

(2) A law enforcement officer acting ((~~reasonably and~~)) in good faith pursuant to this chapter in taking or failing to take a child into custody or in releasing a child to a person other than a parent of such child is immune from civil or criminal liability for such action.

(3) 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.

NEW SECTION. Sec. 3. The legislature finds that the related problems of juvenile runaways and juvenile prostitution have reached serious levels, that parents need support in setting limits on the unsupervised late night activities of their children, and that a state-wide curfew would address these areas of concern. The adoption of a curfew is intended to protect our state's children from others and themselves and is not criminal or punitive in nature.

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

(1) As used in this section the following definitions apply:

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

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

(c) "Employment" does not mean any activity or business conducted in violation of the laws of the state or its political subdivisions.

(d) "Minor" means any person sixteen years of age or younger.

(e) "Operator" means, but is not limited to, any agent or employee having control of the premises open for business.

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

(2) A law enforcement officer may stop and detain a minor, obtain his or her name, age, and the address of his or her parent or legal guardian and take the minor into custody if the minor is in or on any public place between the hours of 12:00 a.m. and 5:00 a.m. unless:

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

(b) The minor is traveling by direct route to or from a youth activity sponsored by an educational institution or a recognized nonprofit or religious organization;

(c) The minor is in a motor vehicle and engaged in interstate travel, with consent of a parent or legal guardian, through the state;

(d) The minor is traveling by direct route to or from his or her place of employment;

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

(f) The minor is involved in an emergency concerning his or her safety or welfare or that of his or her family.

(3) An officer taking a minor into custody may, at his or her discretion, transport the child home or to a law enforcement station that is reasonably close to the place where the minor was taken into custody. The child may be held in temporary custody at such station for a reasonable period of time. It is the responsibility of law enforcement staff to contact the child's parent or guardian to arrange for the release of the minor. Minors held pursuant to this section shall be held in a nonsecure waiting area separate from areas holding confined adults. Minors taken into custody under this section who do not meet the criteria in RCW 13.32A.050 (1) through (4) shall not be transported to a facility licensed by the department of social and health services under this chapter.

(4) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law if that local ordinance or law restricts curfew hours to at least the extent required by this section.

NEW SECTION. Sec. 5. A new section is added to chapter 13.32A RCW to read as follows:

It shall be unlawful for any owner or operator of a premises open for business to permit any minor on the premises if any such minor is subject to being taken into custody under RCW 13.32A.070. Any violation of this section shall be a misdemeanor.

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 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 11 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.

NEW SECTION. Sec. 9. 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, or (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 minor be ordered to reside in the home of the parent.

(2) A minor who has been unable to resolve conflict with his or her parent or parents after counseling from either family reconciliation services or other formal counseling services initiated by either the minor or his or her parent or parents may file a petition with the court requesting that the parent or parents be ordered to allow the child to reside in the home of the parent or parents.

(3) The department shall, when requested and to the extent possible within existing budgetary constraints, assist a parent or minor in the filing of a petition under subsection (1) or (2) of this section.

(4) A petition under subsection (1) of this section shall request an order for the minor 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.

(5) 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.

(6) A petition under subsection (2) of this section shall request an order for the parent or parents of a minor to reside in the home of the parent or parents and may request a specific list of rules by which the parent or parents will be expected to abide.

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

(1) When a petition is filed under section 9 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 minor 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 9 of this act, the minor 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 minor has been placed in a foster family home or group care facility under chapter 74.15 RCW, the minor 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 minor or the minor's parent.

NEW SECTION. Sec. 11. 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 or a guardian ad litem, or both, 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 or be allowed to reside in the home of his or her parent or parents; (b) the requirement that the minor and his or her parent or parents abide by a written list of rules while the order is in effect; (c) a specific period of time for the order to be in effect; and (d) requirements for the family to attend counseling if deemed of value by the judge to 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, controlled substance rehabilitation programs, or employment; rules to obey a set family 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 minor reside or be allowed to reside in the home of his or her parent or parents 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.

NEW SECTION. Sec. 12. The legislature finds that accurate representation of the provisions of chapters 13.04, 13.32A, 13.34, and 74.13 RCW by affected parts of the criminal justice and child care systems to members of the public is of foremost importance. It further finds that effective implementation of the legislative intent of these provisions by the affected agencies is necessary in order to strengthen the family unit.

There shall be created a committee charged with overseeing implementation and administration of chapters 13.04, 13.32A, 13.34, and 74.13 RCW. The committee shall be composed of the following individuals:

(1) Two parents who have had experience in dealing with the juvenile authorities at some time during the period between June 1, 1984, and January 31, 1986, and have demonstrable familiarity with the juvenile code. One of the parents shall be selected by the speaker of the house of representatives and the other shall be selected by the majority leader of the senate;

(2) Two members of the house of representatives, one from each major political party, selected by the speaker of the house of representatives;

(3) Two members of the senate, one from each major political party, selected by the majority leader of the senate; and

(4) One representative from each of the following: (a) The judiciary, (b) law enforcement, (c) the division of children and family services of the department of social and health services, and (d) private nonprofit service providers.

The committee established under this section shall meet at least four times each year. Citizen members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

The committee shall monitor the implementation and administration of chapters 13.04, 13.32A, 13.34 and 74.13 RCW by affected agencies in all regions of the state. To this end, the committee may inquire into instances where it is alleged that a law enforcement officer, school employee, department employee, judge, or juvenile court employee has either misrepresented a provision of the cited chapters or has failed to follow any such provision.

The oversight committee shall be granted access to all relevant information necessary to monitor behavior of agencies and/or employees.

The oversight committee shall report its findings and make recommendations regarding implementation of the chapters cited in this section in a report submitted to the judiciary committees of the house of representatives and the senate before the 1988 regular session of the legislature. The report shall include an evaluation of the need for specialized, structured residential homes for serious behaviorally or emotionally disturbed or hard to place juveniles, an evaluation of services currently being offered to families in conflict, and the resources necessary to support mandated or recommended services. The committee shall consider the establishment of a residential school to address the needs of children who, pursuant to law, may be ordered into an alternative residential placement. A residential school may be funded and operated, in whole or in part by private contributions.

The oversight committee, unless recreated by the legislature, shall cease to exist after submitting the report required under this section.

NEW SECTION. Sec. 13. The legislature finds that there is evidence of failure to implement and enforce juvenile justice laws due to resource limitations within the various units of government charged with responsibility for such implementation and enforcement.

Therefore, commencing with the effective date of this act, and continuing through such time as further legislative direction is enacted into law, any person legally responsible for implementation or enforcement of any provision of chapter 13.04, 13.32A, 13.34, or 74.13 RCW who is unable to implement or enforce any such provision due to insufficient available resources, including but not limited to personnel, facilities, services, or programs, shall file a report on the situation as soon as possible with the oversight committee created under section 12 of this act or, if the oversight committee has ceased to exist, to the judiciary committees of the house of representatives and the senate. Any such report shall include a documented description of the situation and the reason or reasons for failure to implement or enforce the provision in question.

NEW SECTION. Sec. 14. 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.

NEW SECTION. Sec. 15. Section 12 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.