FINAL BILL REPORT

HB 1777

                                  C 269 L 89

BYRepresentatives Leonard, P. King, Pruitt, Sayan, R. King, Todd and Raiter;by request of Department of Social and Health Services

Providing for alternative residential placement.

House Committe on Human Services

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The alternative residential placement (ARP) procedure was established to allow families in conflict to temporarily have a child placed outside of the home on a voluntary basis.  An ARP petition can be filed by either the parent or the child.

When the Department of Social and Health Services has already been working with the family, reconciliation attempts have been made to avoid out-of-home placement.  However, when there has been no prior involvement, the department's role is limited to finding a suitable placement for the child after a petition has been granted.

The court may deny an ARP petition for several reasons including:  capriciousness of the petition, lack of reasonable efforts to resolve the conflict, the conflict can be resolved by services available within the parental home, or a petition based only upon dislike of reasonable rules and discipline. The department has no ability to influence the court's decision or authority to request dismissal of an ARP petition.

While any party can be held liable for contempt of court for failure to comply with the terms of an ARP, historically, the courts tend to charge only the child with contempt.

Frequently children are placed in homes that are in different school districts than their family home. Schools are not required to release the school records of children who owe monies to the district.

SUMMARY:

An Alternative Residential Placement (ARP) petition may not be filed without verification that a family assessment has been completed by the department.  The family assessment shall be directed at family reconciliation and avoidance of an out-of-home placement.

The juvenile court is required to notify the department when a fact-finding hearing on an ARP petition is scheduled.  The department's recommendation for approval or dismissal of the petition and the availability of a suitable out- of-home placement resource must be considered by the court in reaching its decision on the petition.

The department may request dismissal of an ARP petition at the original fact-finding hearing and any subsequent hearing, when they are unable to provide services due to any of the following circumstances: (1) the child has been absent from a placement for 30 consecutive days; (2) the parent, or child, or both refuse to cooperate in appropriate intervention aimed at keeping the family together; or (3) all available resources that would result in reunification have been exhausted.

Contempt of court charges are equally applicable to both the child and the parent.  The school records of a child in the custody of the department may not be withheld for non-payment of school fees.

VOTES ON FINAL PASSAGE:

      House 70  28

      Senate    42     1 (Senate amended)

      House 97   0 (House concurred)

EFFECTIVE:July 23, 1989