AN ACT Relating to juveniles; amending RCW 13.32A.010, 13.32A.030, 13.32A.050, 13.32A.080, 13.32A.100, 13.32A.250, 13.04.030, 74.13.034, and 74.15.030; adding new sections to chapter 13.32A RCW; creating a new section; and prescribing penalties.

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 17, chapter 155, Laws of 1979 as amended by section 6, chapter 257, Laws of 1985 and RCW 13.32A.030 are each amended to read as follows:

As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Department" means the department of social and health services;

(2) "Child," "juvenile," and "youth" mean any individual who is under the chronological age of eighteen years;

(3) "Parent" means the legal custodian(s) or guardian(s) of a child;

(4) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away: PROVIDED, That such facility shall not be a secure institution or facility as defined by the federal juvenile justice and delinquency prevention act of 1974 (P.L. 93-415; 42 U.S.C. Sec. 5634 et seq.) and regulations and clarifying instructions promulgated thereunder and may employ the use of a locked time out area to the extent allowed therein. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves.

Sec. 3. 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, considering the child's age, the location, and the time of day, 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.

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.

Sec. 4. Section 22, chapter 155, Laws of 1979 as amended by section 6, chapter 298, Laws of 1981 and RCW 13.32A.080 are each amended to read as follows:

(1) (((a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

~~(i)~~)) On the first occasion a person is found to be providing shelter to a minor without the consent of a parent of the minor, that person shall be informed that harboring a minor without the consent of a parent is a crime.

(2) A person who has been found on at least one previous occasion to be providing shelter to a minor without the consent of a parent of the minor is guilty of harboring a minor if the person:

(a) Is found to be providing shelter to the same or any other minor without the consent of the parent of the minor; or

(b) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

((~~(ii)~~)) (c) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

((~~(iii)~~)) (d) Obstructs a law enforcement officer from taking the minor into custody; or

((~~(iv)~~)) (e) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

((~~(b)~~)) (3) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

((~~(2)~~)) (4) Harboring a minor is punishable as a ((~~misdemeanor if the offender has not been previously convicted under this section and a~~)) gross misdemeanor ((~~if the offender has been previously convicted under this section~~)).

((~~(3)~~)) (5) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.

((~~(4)~~)) (6) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

(b) Promoting prostitution as defined in chapter 9A.88 RCW; and

NEW SECTION. Sec. 5. 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 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 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. 6. A new section is added to chapter 13.32A RCW to read as follows:

(1) When a petition is filed under section 5 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 5 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 to be 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. 7. 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, if a parent, 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 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 minor or the parents to attend counseling if deemed of value by the judge to resolve the family conflict.

(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 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.

Sec. 8. 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 or parents pursuant to section 7 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. 9. Section 14, chapter 298, Laws of 1981 and RCW 13.32A.250 are each amended to read as follows:

(1) Failure by a party to comply with an order entered under this chapter is punishable as contempt.

(2) Contempt under this section is punishable by a fine of up to one hundred dollars and imprisonment for up to ((~~seven~~)) fourteen days, or both.

(3) A child found in contempt under this section shall be imprisoned only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

(4) The procedure in a contempt proceeding held under this section is governed by RCW 7.20.040 through 7.20.080, as now law or hereafter amended.

(5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

NEW SECTION. Sec. 10. The legislature finds that accurate representation of the provisions of chapters 13.04, 13.32A, 13.34, and 13.40 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 13.40 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; and

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

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 13.40 RCW by affected agencies. To this end, the committee shall investigate 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.

Each oversight committee shall be granted access to all relevant records in investigating 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 legislature prior to its 1988 regular session. 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 and an evaluation of services currently being offered to families in conflict.

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

Sec. 11. 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 7 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.

Sec. 12. Section 80, chapter 155, Laws of 1979 as last amended by section 17, chapter 298, Laws of 1981 and RCW 74.13.034 are each amended to read as follows:

(1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 74.13.032(2) may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center or the nearest regional crisis residential center. Placement in both centers shall not exceed seventy-two hours from the point of intake as provided in RCW 13.32A.130.

(2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the person in charge of the crisis residential center finds that the child is seriously assaultive or seriously destructive towards others and the center is unable to provide appropriate supervision and structure. Any child who takes unauthorized leave from the center, if the person in charge of the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave, may be taken to a secure juvenile detention facility subject to the provisions of this section: PROVIDED, That juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.

(3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed seventy-two hours from the point of intake as provided in RCW 13.32A.130.

(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.

(5) It is the intent of the legislature that by July 1, 1982, crisis residential centers, supplemented by community mental health programs and mental health professionals, will be able to respond appropriately to children admitted to centers under this chapter and will be able to respond to the needs of such children with appropriate treatment, supervision, and structure.

(6) To the extent space is available, juvenile courts, if certified to do so, shall make detention space available for those juveniles who have run away from home and who may, pursuant to law, be placed there.

Sec. 13. 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 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. 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 adopt rules in accordance with chapter 34.04 RCW to assure that legislative intent is followed in the implementation and administration of chapters 13.04, 13.32A, 13.34, and 13.40 RCW;

(5) 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)~~)) (6) 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)~~)) (7) 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)~~)) (8) 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)~~)) (9) 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.