S-3909               _______________________________________________

 

                                                   SENATE BILL NO. 6610

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senators Craswell, Rasmussen, Smith, Stratton, Johnson, Bailey, Smitherman and Anderson

 

 

Read first time 1/19/90 and referred to Committee on  Children & Family Services.

 

 


AN ACT Relating to at-risk youth; amending RCW 13.32A.010, 13.32A.020, 13.32A.030, 13.32A.050, 13.32A.060, 13.32A.070, 13.32A.090, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.180, and 13.32A.190; reenacting and amending RCW 13.32A.250; adding new sections to chapter 13.32A RCW; repealing RCW 13.32A.040, 13.32A.100, 13.32A.110, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, and 13.32A.177; creating a new section; making an appropriation; and providing an effective date.

 

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

                                                              PART I‑-COUNTY SERVICES

 

 

 

        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 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.))

          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 should remain intact in the absence of compelling evidence to the contrary.

          It is the intention of the legislature by means of this chapter to preserve and reconcile families experiencing problems with at-risk youth.  It is further the intention of the legislature to encourage local communities to develop methods and plans to implement this goal with assistance from the state.

 

        Sec. 2.  Section 16, chapter 155, Laws of 1979 and RCW 13.32A.020 are each amended to read as follows:

          This chapter shall be known and may be cited as the ((Procedures for Families in Conflict)) Family Reconciliation Act.

 

        Sec. 3.  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.  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.))  "At-risk youth" means a youth who:

          (a)(i) Is sixteen years of age or under; or

          (ii) Is seventeen years of age or under in counties that include seventeen year olds; and

          (b)(i) Is absent from home without consent of parent, guardian, or custodian;

          (ii) Is beyond the control of the parent, guardian, or custodian; or

          (iii) Has a serious substance abuse problem for which there are no pending criminal charges related to the substance abuse.

          (5) "County" means a county or group of counties served by a juvenile court;

          (6) "Family reconciliation services" means services designed to develop skills and supports within families to resolve family conflicts and provided under contract with the department by community agencies.

          (7) "Out-of-home residence" or "out-of-home residential placement" means a foster home, group home, or other facility approved by the county for placement of at-risk youth, but does not include a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974 and clarifying interpretations and regulations.

          (8) "Designated agency" means the person or entity to which the county has delegated the responsibility and authority to process all requests for assistance or referrals involving at-risk youth and their families.

 

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

          (1) A county may submit a proposal for serving at-risk youth to be funded by the department.  All counties that submit a proposal to the department shall be eligible to receive a grant of fifty thousand dollars per year.  A proposal submitted by a county shall include:

          (a) Designation of a lead agency or organization, other than the department, to process all requests for assistance or referrals involving at-risk youth and their families;

          (b) The estimated number of youth to be served and a list of the services to be provided;

          (c) The names of members of an advisory board established to assist in developing and implementing the proposal.  The board shall consist of representatives of all interested private and nonprofit agencies and organizations that provide services to at-risk youth and their families.  At least three parents who do not represent an agency or organization shall be included on the board;

          (d) An estimate of the number of at-risk youth to be served and the number of other youth, if any, who will be eligible for services.  If youth and families requesting services may be denied services, the proposal shall include a priority listing for receiving services; and

          (e) A plan to submit annual reports to the department on the number of youth and families served, services provided, and the outcome of services.

          (2) A county may  apply for a competitive grant from the department.

          (a) A proposal for a competitive grant shall include the information required by subsection (1) of this section, and a plan to provide the least intervention necessary to resolve problems based on the following continuum of services for at-risk youth and their families:

          (i) Assessment, information, and referral to community agencies to be provided by the lead agency or organization;

          (ii) Community services determined to be available in the county;

          (iii) Twenty-four hour crisis intervention;

          (iv) Family reconciliation services;

          (v) Foster homes; and

          (vi) Group homes or other staff-secure facilities.

          (b) In awarding grants under this subsection, the department shall:

          (i) Require that a county's plan include the services listed in (a) (i)  through (iii)  of this subsection;

          (ii) Give primary consideration to a county's plan for providing the services listed in (a) (i) through (iii) of this subsection and providing coordination of new and existing services;

          (iii) Provide state funds for services listed in (a) (v) and (vi) of this subsection only if the county provides a thirty percent local match.

          (c) The department shall provide a grant under subsection (1) of this section to any county that applies for, but does not receive, a grant under this subsection.

          (d) A county receiving a competitive grant shall establish a fee schedule for all services based on the parents' ability to pay and shall submit an annual report to the department that includes the following information:

          (i) The number of at-risk youth and families served during the past year;

          (ii) The outcome of services provided to each at-risk youth and family;

          (iii) The number of youth referred again after services were terminated and outcome of services provided;

          (iv) The number of youth and families offered services who refused them and the reason, if known;

          (v) The number of youth and families who requested services but were denied based on:  (A) Ineligibility or (B) services not available, including a list of those services requested but not available;

          (vi) The number of at-risk youth who were petitioned into court and the disposition of each case;

          (vii) The length of time each adjudicated at-risk youth is under court authority;

          (viii) The number of at-risk youth held in detention or staff-secure placement; and

          (ix) The number of youth in out-of-home placements and the type of placement.

                                                            PART II‑-COURT PROCEDURES

 

 

 

        Sec. 5.  Section 19, chapter 155, Laws of 1979 as last amended by section 1, chapter 288, Laws of 1986 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 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.))

          (5) 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.

 

        Sec. 6.  Section 20, chapter 155, Laws of 1979 as last amended by section 8, chapter 257, Laws of 1985 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 or to the home of a responsible adult.  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 shall inform the child and the parent of the nature and location of appropriate services available in their community.   An officer placing a child with a responsible adult other than his or her parent shall immediately notify the designated agency  of this fact and of the reason for taking the child into custody; 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 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; or

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

          (iv) If there is no parent available to accept custody of the child)) an agency designated by the county.

          The officer releasing a child into the custody of a responsible adult shall inform the child and the responsible adult of the nature and location of appropriate services available in the community.

          (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)) an agency designated by the county.  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. 7.  Section 21, chapter 155, Laws of 1979 as last amended by section 2, chapter 288, Laws of 1986 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 in good faith pursuant to this chapter in failing to take a child into custody, in taking 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))) (2) 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. 8.  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)) Each county shall designate a person or agency to process all requests for assistance or referrals involving at-risk youth.

          (2) The designated agency shall perform the duties under subsection (((2))) (3) of this section:

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

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

          (c) Upon learning from a person under RCW 13.32A.080(((2))) 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)) 13.32A.060.

          (((2))) (3) When any of the circumstances under subsection (((1))) (2) of this section are present, the ((person in charge of a center)) designated agency 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;

          (b) Initially notify the parent that it is the paramount concern of the ((family reconciliation service personnel)) designated agency 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)).

 

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

          (1) A person over the age of eighteen years or an agency by its representative may file, or the court on its own motion may direct the prosecuting attorney to file, a petition in respect to a minor alleged to be an at-risk youth under this chapter.  The petition and all subsequent court documents shall be entitled "In the interest of .......... a minor, alleged to be an at-risk youth."  A petition shall be accepted only if alternatives to court intervention have been attempted or, if such alternatives have not been attempted, good reason exists why they have not been attempted.

          (2) The petition shall be verified but the statements may be made upon information and belief.  The petition shall allege that the minor is an at-risk youth and shall set forth (a) facts supporting the allegation; (b) the name, age, and residence of the minor; (c) the names and residences of his or her parents; and (d) the name and residence of his or her legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found.    If any of the facts herein required are not known by the petitioner, the petition shall so state.

          (3) The petition must allege that it is in the best interests of the minor and of the public that he or she be adjudged an at-risk youth and may pray generally for relief available under this chapter.  The petition need not specify any proposed disposition following such adjudication.

 

        Sec. 10.  Section 30, chapter 155, Laws of 1979 as amended by section 2, chapter 269, Laws of 1989 and RCW 13.32A.160 are each amended to read as follows:

          (1) When a proper petition is filed ((under RCW 13.32A.120, 13.32A.140, or 13.32A.150)), the juvenile court shall:  (a) Schedule a date for a fact-finding hearing; notify the parent, child, and the ((department)) designated agency of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; and  (d) ((inform the child and his or her parent of the legal consequences of the court approving or disapproving an alternative residential placement petition; and (e))) notify all parties, including the ((department)) designated agency, of their right to present evidence at the fact-finding hearing.

          (2) Upon filing of ((an alternative residential placement)) a petition, 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)) an out-of-home residential placement approved by the county.

          (((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 alternative residential placement 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.))

 

        Sec. 11.  Section 31, chapter 155, Laws of 1979 as last amended by section 3, chapter 269, Laws of 1989 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)) the petition giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level.  ((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.))

          (2) If it is established by a preponderance of the evidence that child is an at-risk youth:

          (a) The court may order that a child be:

          (i) Placed under supervision and released to his or her parent, guardian, or legal guardian; or

          (ii) Placed under supervision in an out-of-home residence approved by the county.

          (b) The court may ((approve an)) order ((stating)) that the child ((shall)) be placed in ((a)) an out-of-home residence ((other than the home of his or her parent only)) if it is established by a preponderance of the evidence, including ((a departmental recommendation for approval or dismissal of the petition)) consideration of the designated agency's recommendation, that:

          (((a) The petition is not capricious;

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

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

          (((d))) (iii) 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

          (((e))) (iv) A suitable out-of-home placement resource is available.

          (c) The court may set conditions of supervision that include:

          (i) Regular school attendance;

          (ii) Counseling, which may include parents;

          (iii) Community service;

          (iv) Reporting to juvenile court personnel or the designated agency on a regular basis;

          (v) Participation in a treatment program for substance abuse problems; and

          (vi) Any other condition the court deems an appropriate condition of supervision.

          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))) (3) The order approving out-of-home residential placement shall direct ((the department)) juvenile court personnel 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)) problems.  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))) (4) The hearing to consider the recommendations of the ((department)) juvenile court personnel 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)) determines that a child is an at-risk youth.  Each party shall be notified of the time and place of such disposition hearing.

          (((4))) (5) If the court approves or denies ((a)) an at-risk youth petition ((for an alternative residential placement)), a written statement of the reasons shall be filed.  If the court denies ((a)) an at-risk youth 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.

          (((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.

          (((7) The department may request, and the juvenile court may grant,  dismissal of an alternative residential placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

          (a) The child has been absent from court approved placement for thirty consecutive days or more;

          (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

          (c) The department has exhausted all available and appropriate resources that would result in reunification.))

 

        Sec. 12.  Section 15, chapter 298, Laws of 1981 as amended by section 13, chapter 435, Laws of 1987 and RCW 13.32A.175 are each amended to read as follows:

          In any at-risk youth proceeding in which the court ((approves an alternative)) orders an out-of-home residential placement, the court shall inquire into the ability of parents to contribute to the child's support.  If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable.  The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders.  However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child.  All support orders entered in ((a)) an at-risk youth proceeding approving ((alternative)) an out-of-home residential placement shall be in compliance with the provisions of RCW 26.23.050.

          An order for disposition that orders the minor to obtain counseling, therapy, or treatment shall provide for the parent or guardian to pay such sums as the court determines are reasonable to defray the costs of the counseling, therapy, or treatment.

 

        Sec. 13.  Section 32, chapter 155, Laws of 1979 and RCW 13.32A.180 are each amended to read as follows:

          (1) At a dispositional hearing held to consider the three-month dispositional plan presented ((by the department)) juvenile court personnel the court shall consider all such recommendations included therein.  The court, consistent with the stated goal of resolving the family ((conflict)) problems and reuniting the family, may modify such plan and shall make its dispositional order for a three-month out-of-home placement for the child.  The court dispositional order shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights.  ((Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes.))

          (2) Unless specifically provided in this chapter, no placement made pursuant to this ((section)) chapter  may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974 and clarifying interpretations and regulations promulgated thereunder.

 

        Sec. 14.  Section 33, chapter 155, Laws of 1979 as last amended by section 5, chapter 269, Laws of 1989 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)) problems 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.

          (3) Out-of-home placement may not be continued past one hundred eighty days from the ((day the review hearing commenced)) initial date on which the placement was made.  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.

          (((4) The department may request, and the juvenile court may grant, dismissal of an alternative residential placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:

          (a) The child has been absent from court approved placement for thirty consecutive days or more;

          (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

          (c) The department has exhausted all available and appropriate resources that would result in reunification.))

 

        Sec. 15.  Section 14, chapter 298, Laws of 1981 as amended by section 4, chapter 269, Laws of 1989 and by section 16, chapter 373, Laws of 1989 and RCW 13.32A.250 are each reenacted and amended to read as follows:

          (1) In all ((alternative residential placement)) proceedings under this chapter, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of an ((alternative residential placement)) order.  The court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

          (2) Failure by a party to comply with an order entered under this chapter is a contempt of court as provided in chapter 7.21 RCW, subject to the limitations of subsection (2) of this section.

          (3) The court may impose a fine of up to one hundred dollars and imprisonment for up to ((seven)) thirty days, or both for contempt of court under this section.

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

          (5) A motion for contempt may be made by a parent, a child, juvenile court personnel, a designated agency, 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. 16.  The following acts or parts of acts are each repealed:

                   (1) Section 18, chapter 155, Laws of 1979, section 1, chapter 298, Laws of 1981 and RCW 13.32A.040;

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

          (3) Section 25, chapter 155, Laws of 1979 and RCW 13.32A.110;

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

          (5) Section 27, chapter 155, Laws of 1979, section 9, chapter 298, Laws of 1981, section 9, chapter 257, Laws of 1985 and RCW 13.32A.130;

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

          (7) Section 29, chapter 155, Laws of 1979, section 11, chapter 298, Laws of 1981, section 1, chapter 269, Laws of 1989 and RCW 13.32A.150; and

          (8) Section 14, chapter 275, Laws of 1988 and RCW 13.32A.177.

 

          NEW SECTION.  Sec. 17.    Part headings used in this act do not constitute any part of the law.

 

          NEW SECTION.  Sec. 18.    The sum of .......... dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, to carry out the purposes of this act.

 

          NEW SECTION.  Sec. 19.    This act shall take effect July 1, 1990.