5025-S2.E AMH HS H2683.4

E2SSB 5025 - H COMM AMD ADOPTED 4-11-91

By Committee on Human Services

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.    Evaluation of programs is essential in determining their effectiveness and cost benefit and in obtaining data for improving services.  The department of social and health services shall conduct an evaluation of the family reconciliation services program.  The study shall include the following information:

    (1) A description of services offered in phase I and phase II;

    (2) The number and characteristics of youth and families served in family reconciliation services phase I and phase II and the outcome of services provided to youth and families;

    (3) A description of outreach services including program information provided to referring agencies and the general public;

    (4) The number and type of referrals to family reconciliation services from law enforcement, juvenile courts, schools, and community agencies and their perception of its effectiveness;

    (5) Follow-up contact with a random sample of youth and families receiving family reconciliation services assistance and their perception of the effectiveness of these services;

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

    (7) The number of youth and families who requested specific services but who did not receive services because they were not available, including a list of the services requested but not available; and

    (8) Recommendations for improving services to at-risk youth and families."

    "NEW SECTION. Sec. 2.    The demand for family reconciliation services continues to increase.  The number of families served by the family reconciliation services program has nearly doubled in the past ten years while the number of staff providing these services has decreased.  The department of social and health services shall expand family reconciliation services to serve an additional one thousand families per year."

    "NEW SECTION. Sec. 3.    The behavioral sciences institute homebuilders intensive in-home counseling program has been highly successful in serving at-risk youth and families.  This program shall expand to serve an additional one hundred twenty-six youth and families while preserving program integrity and quality."

    "NEW SECTION. Sec. 4.    There is a lack of knowledge of existing laws and services on the part of those agencies and organizations serving at-risk youth and on the part of the general public.  The office of the administrator for the courts is requested to develop a curriculum on at-risk youth for superior court judges and court personnel to be presented at a regularly scheduled educational session.  The department of social and health services is directed to produce a videotape on at-risk youth laws and services for use by law enforcement, family reconciliation services staff, prosecuting and defense attorneys, other agencies and organizations dealing with at-risk youth, and the general public.  The department shall consult with other agencies and organizations providing services to at-risk youth in the production of the videotape."

    "NEW SECTION. Sec. 5.  A new section is added to chapter 74.13 RCW to read as follows:

    The department of social and health services shall implement a therapeutic family home program for up to fifteen youth in the custody of the department under chapter 13.34 RCW.  The program shall develop and maintain a mutually reinforcing relationship between the youth and the therapeutic staff associated with the program."

    "Sec. 6.  RCW 74.13.034 and 1981 c 298 s 17 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 child has taken unauthorized leave from the center in violation of a court order and the person in charge of the center determines that 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."

    "NEW SECTION. Sec. 7.  A new section is added to chapter 43.20A RCW to read as follows:

    The department shall ensure that the administration of chapter 13.32A RCW and applicable portions of chapter 74.13 RCW relating to runaway youth, at-risk youth, and families in conflict is consistent in all areas of the state and in accordance with statutory requirements."

    "Sec. 8.  RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:

    (1) The department shall establish, by contracts with private vendors, not less than eight regional crisis residential centers, which shall be structured group care facilities licensed under rules adopted by the department.  ((Each regional center shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.))  The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.

    (2) The department shall, in addition to the regional facilities established under subsection (1) of this section, establish not less than thirty additional crisis residential centers pursuant to contract with licensed private group care or specialized foster home facilities. The staff at the facilities shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

    Crisis residential facilities shall be operated as semi-secure facilities."

    "Sec. 9.  RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:

    Crisis residential centers shall compile yearly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year.  Such information shall include but shall not be limited to the following:

    (1) The number, age, and sex of children admitted to custody;

    (2) Who brought the children to the center;

    (3) Services provided to children admitted to the center;

    (4) The circumstances which necessitated the children being brought to the center;

    (5) The ultimate disposition of cases;

    (6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;

    (7) Length of stay.

The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.

    ((A center may, in addition to being licensed as such, also be licensed as a family foster home or group care facility and may house on the premises juveniles assigned for foster or group care.))"

    "NEW SECTION. Sec. 10.  The legislature finds that the use of alcohol and illicit drugs continues to be a primary crippler of our youth.  This translates into incredible costs to individuals, families, and society in terms of traffic fatalities, suicides, criminal activity including homicides, sexual promiscuity, familial incorrigibility, and conduct disorders, and educational fallout.  Among children of all socioeconomic groups lower expectations for the future, low motivation and self-esteem, alienation, and depression are associated with alcohol and drug abuse.

    Studies reveal that deaths from alcohol and other drug-related injuries rise sharply through adolescence, peaking in the early twenties.  But second peak occurs in later life, where it accounts for three times as many deaths from chronic diseases.  A young victim's life expectancy is likely to be reduced by an average of twenty-six years.

    Yet the cost of treating alcohol and drug addicts can be recouped in the first three years of abstinence in health care savings alone.  Public money spent on treatment saves not only the life of the chemical abuser, it makes us safer as individuals, and in the long-run costs less.

    The legislature further finds that many children who abuse alcohol and other drugs may not require involuntary treatment, but still are not adequately served.  These children remain at risk for future chemical dependency, and may become mentally ill or a juvenile offender or need out-of-home placement.  Children placed at risk because of chemical abuse may be better served by the creation of a comprehensive integrated system for children in crisis.

    The legislature declares that an emphasis on the treatment of youth will pay the largest dividend in terms of preventable costs to individuals themselves, their families, and to society.  The provision of augmented involuntary alcohol treatment services to youths, as well as involuntary treatment for youths addicted by other drugs, is in the interest of the public health and safety."

    "Sec. 11.  RCW 70.96A.020 and 1990 c 151 s 2 are each amended to read as follows:

    For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

    (1) "Alcoholic" means a person who suffers from the disease of alcoholism.

    (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

    (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

    (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

    (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

    (6) "Department" means the department of social and health services.

    (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

    (8) "Director" means the person administering the chemical dependency program within the department.

    (9) "Drug addict" means a person who suffers from the disease of drug addiction.

    (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

    (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

    (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs:  (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

    (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and constitutes a danger to himself or herself, to any other person, or to property.

    (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

    (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

    (16) "Licensed physician" means a person licensed to practice medicine or osteopathy in the state of Washington.

    (17) "Minor" means a person less than eighteen years of age.

(18) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

    (((18))) (19) "Person" means an individual, including a minor.

(20) "Secretary" means the secretary of the department of social and health services.

    (((19))) (21) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

    (((20))) (22) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts."

    "Sec. 12.  RCW 70.96A.095 and 1989 c 270 s 24 are each amended to read as follows:

    Any person fourteen years of age or older may give consent for himself or herself to the furnishing of counseling, care, treatment, or rehabilitation by a treatment program or by any person.  Consent of the parent, parents, or legal guardian of a person less than eighteen years of age is not necessary to authorize the care, except that the person shall not become a resident of the treatment program without such permission except as provided in RCW 70.96A.120 or 70.96A.140.  The parent, parents, or legal guardian of a person less than eighteen years of age are not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the counseling, care, treatment, or rehabilitation."

    "Sec. 13.  RCW 70.96A.140 and 1990 c 151 s 3 are each amended to read as follows:

    (1) When a designated chemical dependency specialist((,)) receives information alleging that a person is incapacitated as a result of alcoholism, or in the case of a minor incapacitated by alcoholism and/or other drug addiction, the designated chemical dependency specialist, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court or district court.  If the designated chemical dependency specialist((,)) finds that the initial needs of such person would be better served by placement within the mental health system, the person shall be referred to an evaluation and treatment facility as defined in RCW 71.05.020 or 71.34.020.  If placement in an alcohol treatment program is available and deemed appropriate, the petition shall allege that:  The person is an alcoholic who is incapacitated by alcohol, or in the case of a minor incapacitated by alcoholism and/or other drug addiction, or that the person has twice before in the preceding twelve months been admitted for detoxification or treatment for alcoholism pursuant to RCW 70.96A.110, or in the case of a minor, detoxification or treatment for alcohol or drug addiction, and is in need of a more sustained treatment program, or that the person is an alcoholic, or in the case of a minor, an alcoholic or other drug addict, who has threatened, attempted, or inflicted physical harm on another and is likely to inflict physical harm on another unless committed.  A refusal to undergo treatment, by itself, does not constitute evidence of lack of judgment as to the need for treatment.  The petition shall be accompanied by a certificate of a licensed physician who has examined the person within five days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition.  The certificate shall set forth the licensed physician's findings in support of the allegations of the petition.  A physician employed by the petitioning program or the department is eligible to be the certifying physician.

    (2) Upon filing the petition, the court shall fix a date for a hearing no less than two and no more than seven days after the date the petition was filed unless the person petitioned against is presently being detained in a program, pursuant to RCW 70.96A.120 ((or)), 71.05.210, or 71.34.050, as now or hereafter amended, in which case the hearing shall be held within seventy-two hours of the filing of the petition:  PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed by excluding Saturdays, Sundays, and holidays:  PROVIDED FURTHER, That, the court may, upon motion of the person whose commitment is sought, or upon motion of petitioner with written permission of the person whose commitment is sought, or his or her counsel and, upon good cause shown, extend the date for the hearing.  A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by the designated chemical dependency specialist on the person whose commitment is sought, his or her next of kin, a parent or his or her legal guardian if he or she is a minor, and any other person the court believes advisable.  A copy of the petition and certificate shall be delivered to each person notified.

    (3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony, which may be telephonic, of at least one licensed physician who has examined the person whose commitment is sought.  Communications otherwise deemed privileged under the laws of this state are deemed to be waived in proceedings under this chapter when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the detained person or the public.  The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter.  Upon motion by the detained person, or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.

    The record maker shall not be required to testify in order to introduce medical, nursing, or psychological records of detained persons so long as the requirements of RCW 5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is an alcoholic, or in the case of a minor incapacitated by alcoholism and/or other drug addiction, must be deleted from the records unless the person offering the opinions is available for cross-examination.  The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court may deem it appropriate to appoint a guardian ad litem to represent him or her throughout the proceeding.  If deemed advisable, the court may examine the person out of courtroom.  If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court appointed licensed physician.  If he or she refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the department for a period of not more than five days for purposes of a diagnostic examination.

    (4) If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing proof, it shall make an order of commitment to an approved treatment program.  It shall not order commitment of a person unless it determines that an approved treatment program is available and able to provide adequate and appropriate treatment for him or her.

    (5) A person committed under this section shall remain in the program for treatment for a period of sixty days unless sooner discharged.  At the end of the sixty-day period, he or she shall be discharged automatically unless the program, before expiration of the period, files a petition for his or her recommitment upon the grounds set forth in subsection (1) of this section for a further period of ninety days unless sooner discharged.  If a person has been committed because he or she is an alcoholic, or, in the case of a minor, an alcoholic or other drug addict, likely to inflict physical harm on another, the program shall apply for recommitment if after examination it is determined that the likelihood still exists.

    (6) Upon the filing of a petition for recommitment under subsection (5) of this section, the court shall fix a date for hearing no less than two and no more than seven days after the date the petition was filed: PROVIDED, That, the court may, upon motion of the person whose commitment is sought and upon good cause shown, extend the date for the hearing.  A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by the treatment program on the person whose commitment is sought, his or her next of kin, the original petitioner under subsection (1) of this section if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and his or her attorney and any other person the court believes advisable.  At the hearing the court shall proceed as provided in subsection (3) of this section.

    (7) The approved treatment program shall provide for adequate and appropriate treatment of a person committed to its custody.  A person committed under this section may be transferred from one approved public treatment program to another if transfer is medically advisable.

    (8) A person committed to the custody of a program for treatment shall be discharged at any time before the end of the period for which he or she has been committed and he or she shall be discharged by order of the court if either of the following conditions are met:

    (a) In case of an alcoholic committed on the grounds of likelihood of infliction of physical harm upon himself, herself, or another, or, in the case of a minor, an alcoholic or other drug addict, the likelihood no longer exists; or further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.

    (b) In case of an alcoholic committed on the grounds of the need of treatment and incapacity or, in the case of a minor, incapacitated by alcoholism and/or other drug addiction, that the incapacity no longer exists.

    (9) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel.  If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes.  The person shall, if he or she is financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense.  The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

    (10) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus in a court of competent jurisdiction.

    (11) The venue for proceedings under this section is the county in which person to be committed resides or is present.

    (12) When in the opinion of the professional person in charge of the program providing involuntary treatment under this chapter, the committed patient can be appropriately served by less restrictive treatment before expiration of the period of commitment, then the less restrictive care may be required as a condition for early release for a period which, when added to the initial treatment period, does not exceed the period of commitment.  If the program designated to provide the less restrictive treatment is other than the program providing the initial involuntary treatment, the program so designated must agree in writing to assume such responsibility.  A copy of the conditions for early release shall be given to the patient, the designated chemical dependency specialist of original commitment, and the court of original commitment.  The program designated to provide less restrictive care may modify the conditions for continued release when the modifications are in the best interests of the patient.  If the program providing less restrictive care and the designated chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration in the patient's functioning has occurred, then the designated chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the person should be returned to more restrictive care.  The designated chemical dependency specialist shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations.  The patient shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings.  The issues to be determined at the hearing are whether the conditionally released patient did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the patient's functioning has occurred and whether the conditions of release should be modified or the person should be returned to a more restrictive program.  The hearing may be waived by the patient and his or her counsel and his or her guardian or conservator, if any, but may not be waived unless all such persons agree to the waiver.  Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions."

    "Sec. 14.  RCW 71.05.210 and 1989 c 120 s 6 are each amended to read as follows:

    Each person involuntarily admitted to an evaluation and treatment facility shall, within twenty-four hours of his or her admission, be examined and evaluated by a licensed physician who may be assisted by a physician(('s)) assistant according to chapter 18.71A RCW or a nurse practitioner according to chapter 18.88 RCW and a mental health professional as defined in this chapter, and shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a court proceeding, the individual may refuse all but emergency life-saving treatment, and the individual shall be informed at an appropriate time of his or her right to such refusal of treatment.  Such person shall be detained up to seventy-two hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm to himself or herself or others, or is gravely disabled.  A person who has been detained for seventy-two hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.

    If, after examination and evaluation, the licensed physician and mental health professional determine that the initial needs of the person would be better served by placement in ((an alcohol)) a chemical dependency treatment facility, then the person shall be referred to an approved treatment ((facility)) program defined under RCW 70.96A.020.

    An evaluation and treatment center admitting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for treatment.  Notice of such fact shall be given to the court, the designated attorney, and the designated county mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days."

    "Sec. 15.  RCW 71.34.060 and 1985 c 354 s 6 are each amended to read as follows:

    (1) Each minor approved by the facility for inpatient admission shall be examined and evaluated by a children's mental health specialist as to the child's mental condition and by a physician as to the child's physical condition within twenty-four hours of admission.  Reasonable measures shall be taken to ensure medical treatment is provided for any condition requiring immediate medical attention.

    (2) If, after examination and evaluation, the children's mental health specialist and the physician determine that the initial needs of the minor would be better served by placement in a chemical dependency treatment facility, then the minor shall be referred to an approved treatment program defined under RCW 70.96A.020.

(3) The admitting facility shall take reasonable steps to notify immediately the minor's parent of the admission.

    (((3))) (4) During the initial seventy-two hour treatment period, the minor has a right to associate or receive communications from parents or others unless the professional person in charge determines that such communication would be seriously detrimental to the minor's condition or treatment and so indicates in the minor's clinical record, and notifies the minor's parents of this determination.  In no event may the minor be denied the opportunity to consult an attorney.

    (((4))) (5) If the evaluation and treatment facility admits the minor, it may detain the minor for evaluation and treatment for a period not to exceed seventy-two hours from the time of provisional acceptance.  The computation of such seventy-two hour period shall exclude Saturdays, Sundays, and holidays.  This initial treatment period shall not exceed seventy-two hours except when an application for voluntary inpatient treatment is received or a petition for fourteen-day commitment is filed.

    (((5))) (6) Within twelve hours of the admission, the facility shall advise the minor of his or her rights as set forth in this chapter."

    "NEW SECTION. Sec. 16.  The purpose of sections 10 through 15 of this act is solely to provide authority for the involuntary commitment of minors addicted by drugs within available funds and current programs and facilities.  Nothing in sections 10 through 15 of this act shall be construed to require the addition of new facilities nor affect the department's authority for the uses of existing programs and facilities authorized by law.  Nothing in sections 10 through 15 of this act shall prevent a parent or guardian from requesting the involuntary commitment of a minor through a county designated chemical dependency specialist on an ability to pay basis."

    "Sec. 17.  RCW 13.32A.196 and 1990 c 276 s 14 are each amended to read as follows:

    (1) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department.  The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

    (2) The court may set conditions of supervision for the child that include:

    (a) Regular school attendance;

    (b) Counseling;

    (c) Participation in a substance abuse treatment program;

    (d) Reporting on a regular basis to the department or any other designated person or agency; and

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

    (3) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

(4) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation.  The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan.  The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.  The parent may request dismissal of an at-risk youth proceeding at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless a contempt action is pending in the case.  The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

    (((4))) (5) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case."

    "NEW SECTION. Sec. 18.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state."

    "NEW SECTION. Sec. 19.  If specific funding for section 1 of this act, referencing section 1 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 1 this act shall be null and void."

    "NEW SECTION. Sec. 20.  If specific funding for section 2 of this act, referencing section 2 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 2 this act shall be null and void."

    "NEW SECTION. Sec. 21.  If specific funding for section 3 of this act, referencing section 3 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 3 of this act shall be null and void."

    "NEW SECTION. Sec. 22.  If specific funding for section 4 of this act, referencing section 4 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 4 of this act shall be null and void."

    "NEW SECTION. Sec. 23.  If specific funding for section 5 of this act, referencing section 5 of this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, section 5 of this act shall be null and void."

    "NEW SECTION. Sec. 24.  The expansion of services referenced in sections 2, 3, and 4 of this act shall apply exclusively to the fiscal period commencing on July 1, 1991, and ending on June 30, 1993."

E2SSB 5025 - H COMM AMD

By Committee on Human Services

    On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 74.13.034, 74.13.032, 74.13.035, 70.96A.020, 70.96A.095, 70.96A.140, 71.05.210, 71.34.060, and 13.32A.196; adding a new section to chapter 74.13 RCW; adding a new section to chapter 43.20A RCW; and creating new sections."