2217-S2.E AMS HSC S5481.3

 

 

 

E2SHB 2217 - S COMM AMD

By Committee on Human Services & Corrections

 

                                                                   

 

    Strike everything after the enacting clause and insert the following:

 

    "NEW SECTION.  Sec. 1.  The legislature finds that no children should be exposed to the dangers inherent in living on the streets.  The legislature further finds that there are children who are not mentally ill or chemically dependent who are living on the street in dangerous situations.  These children through their at-risk behavior place themselves at great personal risk and danger.  The legislature further finds that these children with at-risk behaviors should receive treatment for their problems that result in excessive opposition to parental authority.

 

    NEW SECTION.  Sec. 2.  This act shall be known and cited as the "Becca Too" bill.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 13.32A RCW to read as follows:

    (1) In a disposition hearing, after a finding that a child is a child in need of services or an at-risk youth, the court may adopt the additional orders authorized under this section if it finds that the child involved in those proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment.  The court may order that a child be placed in a staff secure facility, other than a crisis residential center, that will provide for the child's participation in a program designed to remedy his or her behavioral difficulties or needs.  The court may not enter this order unless, at the disposition hearing, it finds that the placement is clearly necessary to protect the child and that a less restrictive order would be inadequate to protect the child, given the child's age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure to serious risk should the child run away from home again.

    (2) The order shall require periodic court review of the placement, with the first review hearing conducted not more than thirty days after the date of the placement.  At each review hearing the court shall advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate.  The court shall modify its orders as it finds necessary to protect the child.  Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32.198.

    (3) Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of a child in need of services or an at-risk youth as defined in RCW 13.32A.030.

    (4) State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated to expressly pay for them.

 

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

    (1) A violation of RCW 13.32A.082 by a licensed child-serving agency shall be addressed as a licensing violation under chapter 74.15 RCW.

    (2) A violation of RCW 13.32A.082 by any other person is a misdemeanor.

 

    NEW SECTION.  Sec. 5.  A new section is added to chapter 70.96A RCW to read as follows:

    School district personnel who contact a chemical dependency inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with notice of the contact within forty-eight hours.

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 71.34 RCW to read as follows:

    School district personnel who contact a mental health inpatient treatment program or provider for the purpose of referring a student to inpatient treatment shall provide the parents with notice of the contact within forty-eight hours.

 

    Sec. 7.  RCW 13.32A.090 and 1995 c 312 s 10 are each amended to read as follows:

    (1) The ((person in charge)) administrator of a designated crisis residential center or the department shall perform the duties under subsection (2) of this section:

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

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

    (c) Upon learning from a person under RCW 13.32A.080(3) 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.060.

    (2) When any of the circumstances under subsection (1) of this section are present, the ((person in charge)) administrator of a center or the department 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 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 or when the parent produces a copy of a court order entered under this chapter requiring the child to reside in the parent's home;

    (e) Arrange transportation for the child to:  (i) An out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent; or (ii) a certified or licensed mental health or chemical dependency program of the parent's choice; at the ((latter's)) parent's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department((;

    (f) Immediately notify the department of the placement)).

    (3) If the administrator of the crisis residential center performs the duties listed in subsection (2) of this section, he or she shall also notify the department that a child has been admitted to the crisis residential center.

 

    Sec. 8.  RCW 13.32A.130 and 1995 c 312 s 12 are each amended to read as follows:

    (1) A child admitted to a secure facility within a crisis residential center shall remain in the facility for not more than five consecutive days, but for at least twenty-four hours after admission.  If the child admitted under this section is transferred between centers or between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days.

    (2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child ((can be safely admitted to)) is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department.  The determination shall be based on:  (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.

    (ii) In making the determination the administrator shall ((include consideration of)) consider the following information if known:  (A) ((A)) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away which has endangered the health, safety, and welfare of the child; and (F) the child's willingness to cooperate in ((conducting)) the assessment.

    (b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility.  The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.

    (c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.

    (d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever ((the administrator)) he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.

    (3) If no parent is available or willing to remove the child during the five-day period, the department shall consider the filing of a petition under RCW 13.32A.140.

    (4) The requirements of this section shall not apply to a child who is:  (a) Returned to the home of his or her parent; (b) placed in a semi-secure facility within a crisis residential center pursuant to a temporary out-of-home placement order authorized under RCW 13.32A.125; (c) placed in an out-of-home placement; or (d) ((is subject to a petition under RCW 13.32A.191)) the subject of an at-risk youth petition.

    (5) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time during the five-day period unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents.  ((The department may remove the child whenever a dependency petition is filed under chapter 13.34 RCW.))  The department or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four-hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.

    (6) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family.  If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the ((person in charge)) administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the ((person in charge)) administrator shall inform the parent and child of:  (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; ((and)) (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under section 3 of this act.

    (7) At no time shall information regarding a parent's or child's rights be withheld.  The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights.  Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement.  In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.

    (8) A crisis residential center and its administrator or his or her designee acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

 

    Sec. 9.  RCW 13.32A.030 and 1995 c 312 s 3 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) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

    (2) "At-risk youth" means a juvenile:

    (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;

    (b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or

    (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.

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

    (((3))) (4) "Child in need of services" means a juvenile:

    (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

    (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and

    (i) Has exhibited a serious substance abuse problem; or

    (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

    (c)(i) Who is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family;

    (ii) Who lacks access, or has declined, to utilize these services; and

    (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

    (((4))) (5) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.

    (((5))) (6) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

    (7) "Custodian" means the person or entity who has the legal right to the custody of the child.

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

    (((7))) (9) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.

    (((8))) (10) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment.  The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

    (((9))) (11) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent.  The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines.  The team may also include, but is not limited to, the following persons:  Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members.  The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

    (((10))) (12) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

    (((11))) (13) "Parent" means the parent or parents who have the legal right to custody of the child.  "Parent" includes custodian or guardian.

    (((12))) (14) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

    (((13))) (15) "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.  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. 

    (((14))) (16) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

 

    Sec. 10.  RCW 13.32A.050 and 1995 c 312 s 6 are each amended to read as follows:

    (1) A law enforcement officer shall take a child into custody:

    (a) 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

    (b) 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 that a child is violating a local curfew ordinance; or

    (c) 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

    (d) 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 or 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter or chapter 13.34 RCW.

    (2) 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.

    (3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody.  The center shall provide the department with a copy of the officer's report.

    (4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department.

    (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.

    (6) If a law enforcement officer receives a report that causes the officer to have reasonable suspicion that a child is being harbored under RCW 13.32A.080 or for other reasons has a reasonable suspicion that a child is being harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.

    (7) No child may be placed in a secure facility except as provided in this chapter.

 

    Sec. 11.  RCW 13.32A.060 and 1995 c 312 s 7 are each amended to read as follows:

    (1) An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall inform the child of the reason for such custody and shall ((either)):

    (a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home.  ((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.))  The parent may ((direct)) request that the officer ((to)) take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department, or a licensed youth shelter.  In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home.  The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform ((the child and)) the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or

    (b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance:

    (i) If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of child abuse or neglect, as defined in RCW 26.44.020; ((or))

    (ii) If it is not practical to transport the child to his or her home or place of the parent's employment; or

    (iii) If there is no parent available to accept custody of the child; or

    (c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the department to accept custody of the child.  If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement.  If the department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed:  The home of an adult extended family member; a responsible adult; a licensed youth shelter and shall immediately notify the department if no placement option is available and the child is released.

    (2) An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall inform the child of the reason for custody.  An officer taking a child into custody under RCW 13.32A.050(1)(c) ((shall))  may release the child to the supervising agency, or shall take the child to a designated crisis residential center's secure facility ((or,)).  If the secure facility is not available ((or)), not located within a reasonable distance, or full, the officer shall take the child to a semi-secure ((facility within a)) crisis residential center((, licensed by the department and established pursuant to chapter 74.13 RCW)).  An officer taking a child into custody under RCW 13.32A.050(1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility, except that the child shall be taken to detention whenever the officer has been notified that a juvenile court has entered a detention order under this chapter or chapter 13.34 RCW.

    (3) The department shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within ((crisis residential center or)) centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.

 

    Sec. 12.  RCW 13.32A.065 and 1981 c 298 s 4 are each amended to read as follows:

    (1) A child may be placed in detention after being taken into custody pursuant to RCW 13.32A.050(((4))) (1)(d).  The court shall hold a detention review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays.  The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:

    (a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and

    (b) The court believes that the child would not appear at a hearing on contempt.

    (2) If the court orders the child to remain in detention, the court shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays.

 

    Sec. 13.  RCW 13.32A.070 and 1995 c 312 s 8 are each amended to read as follows:

    (1) 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, in placing a child in a crisis residential center, or in releasing a child to a person at the request of a parent)) is immune from civil or criminal liability for such action.

    (2) A person with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith is immune from civil or criminal liability for the act of receiving the child.  The immunity does not release the person from liability under any other law.

 

    Sec. 14.  RCW 13.32A.082 and 1995 c 312 s 34 are each amended to read as follows:

    (1) Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent's home, or other lawfully prescribed residence, without the permission of the parent, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department.  The report may be made by telephone or any other reasonable means.

    (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

    (a) "Shelter" means the person's home or any structure over which the person has any control.

    (b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from home without parental permission.

    (((c) "Parent" means any parent having legal custody of the child, whether individually or jointly.))

    (3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.

 

    Sec. 15.  RCW 13.32A.095 and 1995 c 312 s 21 are each amended to read as follows:

    The ((crisis residential center)) administrator of the crisis residential center shall notify parents and the appropriate law enforcement agency immediately as to any unauthorized leave from the center by a child placed at the center.

 

    Sec. 16.  RCW 13.32A.100 and 1981 c 298 s 8 are each amended to read as follows:

    Where a child is placed in ((a residence other than that of his or her parent)) an out-of-home placement 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.

 

    Sec. 17.  RCW 13.32A.110 and 1979 c 155 s 25 are each amended to read as follows:

    If a child who has a legal residence outside the state of Washington is admitted to a crisis residential center or is ((placed)) released by a law enforcement officer ((with a responsible person other than the child's parent)) to the department, and the child refuses to return home, the provisions of RCW 13.24.010 shall apply.

 

    Sec. 18.  RCW 13.32A.120 and 1995 c 312 s 11 are each amended to read as follows:

    (1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to RCW 13.32A.090(2)(e), the administrator of the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.

    (2) If a child and his or her parent cannot agree to an out-of-home placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter.

    (3) If a child and his or her parent cannot agree to the continuation of an out-of-home placement arrived at under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter.

 

    Sec. 19.  RCW 13.32A.140 and 1995 c 312 s 15 are each amended to read as follows:

    Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:

    (1) The child has been admitted to a crisis residential center or has been placed ((with a responsible person other than his or her parent)) by the department in an out-of-home placement, and:

    (a) The parent has been notified that the child was so admitted or placed;

    (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

    (c) No agreement between the parent and the child as to where the child shall live has been reached;

    (d) No child in need of services petition has been filed by either the child or parent;

    (e) The parent has not filed an at-risk youth petition; and

    (f) The child has no suitable place to live other than the home of his or her parent.

    (2) The child has been admitted to a crisis residential center and:

    (a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;

    (b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and

    (c) The child has no suitable place to live other than the home of his or her parent.

    (3) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:

    (a) The party to whom the arrangement is no longer acceptable has so notified the department;

    (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

    (c) No new agreement between parent and child as to where the child shall live has been reached;

    (d) No child in need of services petition has been filed by either the child or the parent;

    (e) The parent has not filed an at-risk youth petition; and

    (f) The child has no suitable place to live other than the home of his or her parent.

    Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in an out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by ((such)) the court.  The department may authorize emergency medical or dental care for a child ((placed under this section)) admitted to a crisis residential center or placed in an out-of-home placement by the department.  The state, when the department files a child in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.

    ((If the department files a petition under this section, the department shall submit in a supporting affidavit any information provided under section 38 of this act.))

 

    Sec. 20.  RCW 13.32A.150 and 1995 c 312 s 16 are each amended to read as follows:

    (1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that a family assessment has been completed by the department.  The family assessment provided by the department shall involve the multidisciplinary team as provided in RCW 13.32A.040, if one exists.  The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child.  If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under RCW 13.32A.191.

    (2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child.  The department shall, when requested, assist either a parent or child in the filing of the petition.  The petition must be filed in the county where the parent resides.  The petition shall ((only)) allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved.  The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement.

    (3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.

 

    Sec. 21.  RCW 13.32A.152 and 1995 c 312 s 4 are each amended to read as follows:

    (1) Whenever a child in need of services petition is filed by a youth pursuant to RCW ((13.32A.130)) 13.32A.150, or the department pursuant to RCW ((13.32A.150)) 13.32A.140, the ((youth or the department)) filing party shall have a copy of the petition served on the parents of the youth.  Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.

    (2) Whenever a child in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed.

 

    Sec. 22.  RCW 13.32A.160 and 1995 c 312 s 17 are each amended to read as follows:

    (1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall:  (a)(i) Schedule a fact-finding hearing to be held:  (A) For a child who is in a center or a child who is not residing at home, nor in an out-of-home placement, within ((three judicial)) five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for any other child, within ten days; and (ii) notify the parent, child, and the department 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; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving ((an out-of-home placement)) a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit ((on [an])) an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

    (2) Upon filing of a child in need of services 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.  The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.

    (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 judicial days upon the request of the juvenile or the juvenile's parent.

 

    Sec. 23.  RCW 13.32A.170 and 1995 c 312 s 18 are each amended to read as follows:

    (1) The court shall hold a fact-finding hearing to consider a proper child in need of services 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. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1).  If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.

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

    (a) ((The petition is not capricious;

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

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

    (d))) The child is a child in need of services as defined in RCW 13.32A.030(4);

    (b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;

    (c) 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))) (d) A suitable out-of-home placement resource is available.

    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.  The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.

    (((2))) (3) Following the fact-finding hearing the court shall:  (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) dismiss the petition; or (d) order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.

 

    Sec. 24.  RCW 13.32A.179 and 1995 c 312 s 20 are each amended to read as follows:

    (1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement.  The parents, child, and department shall be notified by the court of the time and place of the hearing.

    (2) ((At the commencement of the hearing the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1)(e).  If the court approves or denies a child in need of services petition, a written statement of the reasons shall be filed.))  At the conclusion of the disposition hearing, the court may:  (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve ((a voluntary)) an out-of-home placement requested in the child in need of services petition by the parents; (d) order ((any conditions set forth in RCW 13.32A.196(2))) an out-of-home placement at the request of the child or the department not to exceed ninety days; or (e) order the department to ((file a petition)) review the matter for purposes of filing a dependency petition under chapter 13.34 RCW.  Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(2).

    (3) ((At the conclusion of the hearing, if the court has not taken action under subsection (2) of this section it may, at the request of the child or department, enter an order for out-of-home placement for not more than ninety days.))  The court may only enter an order under ((this)) subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that:  (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the ((conflict)) problems that led to the filing of the petition; (v) the ((conflict))  problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) 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 (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.  ((If the court has entered an order under this section, it may order any conditions set forth in RCW 13.32A.196(2).))

    (4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case.  The plan, if ordered, shall address only the needs of the child and shall not address the perceived needs of the parents, unless the order was entered under subsection (2)(d) of this section or specifically agreed to by the parents.  If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court.  If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.

    (5) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.

    (((5))) (6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of ((a placement order))  the child in need of services proceeding 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.

    (((6))) (7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.

 

    Sec. 25.  RCW 13.32A.190 and 1995 c 312 s 24 are each amended to read as follows:

    (1) Upon making a dispositional order under RCW 13.32A.179, 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 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 this chapter.  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 shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have made reasonable efforts to 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.  The court shall order the child to return to the home of the parent at the expiration of the placement.  If an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring the child to return to the home of the child's parent.

    (4) The parents and the department may request, and the juvenile court may grant, dismissal of an out-of-home 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.

    (5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179(3).

    (6) The court may dismiss a child in need of services petition filed by a parent at any time if the court finds good cause to believe that continuation of out-of-home placement would serve no useful purpose.

    (7) The court shall dismiss a child in need of services proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

 

    Sec. 26.  RCW 13.32A.192 and 1995 c 312 s 26 are each amended to read as follows:

    (1) When a proper at-risk youth petition is filed by a child's parent under this chapter, the juvenile court shall:

    (a)(i) Schedule a fact-finding hearing to be held:  (A) For a child who is in a center or a child who is not residing at home, nor in an out-of-home placement, within ((three judicial)) five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for any other child, within ten days; and (ii) notify the parent and the child of such date;

    (b) Notify the parent of the right to be represented by counsel at the parent's own expense;

    (c) Appoint legal counsel for the child;

    (d) Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth; and

    (e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.

    (2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an out-of-home placement requested by the parent or child and approved by the parent. 

    (3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center.  If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

    (4) If both a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as an at-risk youth petition.  Pending a fact-finding hearing regarding the petition, the child may be placed in the parent's home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to a child in need of services petition.  The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home. 

 

    Sec. 27.  RCW 13.32A.194 and 1995 c 312 s 27 are each amended to read as follows:

    (1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition.  The court shall grant the petition and enter an order finding the child to be an at-risk youth if the allegations in the petition are established by a preponderance of the evidence, unless the child is the subject of a proceeding under chapter 13.34 RCW.  If the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or in an out-of-home placement as provided in RCW 13.32A.192(2).

    (2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case.  If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court.  If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.

    (3) A dispositional hearing shall be held no later than fourteen days after the ((court has granted an at-risk youth petition)) fact-finding hearing.  Each party shall be notified of the time and date of the hearing.

    (4) If the court grants or denies an at-risk youth petition, a statement of the written reasons shall be entered into the records.  If the court denies an at-risk youth petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.

 

    Sec. 28.  RCW 13.32A.250 and 1995 c 312 s 29 are each amended to read as follows:

    (1) In all child in need of services proceedings and at-risk youth proceedings, 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 a court order entered pursuant to this chapter.  Except as otherwise provided in this section, 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 (3) of this section.

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

    (4) A child placed in confinement for contempt under this section shall be placed in confinement 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, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

    (6) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention.  The order may be entered ex parte without prior notice to the child or other parties.  Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

 

    Sec. 29.  RCW 13.34.165 and 1989 c 373 s 17 are each amended to read as follows:

    (1) Failure by a party to comply with an order entered under this chapter is contempt of court as provided in chapter 7.21 RCW.

    (2) The maximum term of imprisonment that may be imposed as a punitive sanction for contempt of court under this section is confinement for up to seven days.

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

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

    (5) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention.  The order may be entered ex parte without prior notice to the child or other parties.  Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

 

    Sec. 30.  RCW 28A.225.030 and 1995 c 312 s 68 are each amended to read as follows:

    If the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student's absences from school, upon the fifth unexcused absence by a child within any month during the current school year or upon the tenth unexcused absence during the current school year the school district shall file a petition for a civil action with the juvenile court alleging a violation of RCW 28A.225.010:  (1) By the parent; (2) by the child; or (3) by the parent and the child.

    If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010.

 

    Sec. 31.  RCW 28A.225.035 and 1995 c 312 s 69 are each amended to read as follows:

    (1) A petition for a civil action under RCW 28A.225.030 shall consist of a written notification to the court alleging that:

    (a) The child has five or more unexcused absences within any month during the current school year or ten or more unexcused absences in the current school year;

    (b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and

    (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.

    (2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.

    (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.

    (4) When a petition is filed under RCW 28A.225.030, the juvenile court may:

    (a) Schedule a fact-finding hearing at which the court shall consider the petition;

    (b) Separately notify the child, the parent of the child, and the school district of the fact-finding hearing;

    (c) Notify the parent and the child of their rights to present evidence at the fact-finding hearing; and

    (d) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.

    (5) The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.

    (6) The court shall grant the petition and enter an order assuming jurisdiction to intervene for the remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence.

    (7) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.

 

    Sec. 32.  RCW 28A.225.090 and 1995 c 312 s 74 are each amended to read as follows:

    Any person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school.  However, a child found to be in violation of RCW 28A.225.010 shall be required to attend school and shall not be fined.  If the child fails to comply with the court order to attend school, the court may:  (1) Order the child be punished by detention; or (2) impose alternatives to detention such as community service hours or participation in dropout prevention programs or referral to a community truancy board, if available.  Failure by a child to comply with an order issued under this section shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.  It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020.  The court may order the parent to provide community service at the child's school instead of imposing a fine.  Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

    School districts shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the juvenile court.

 

    Sec. 33.  RCW 70.96A.020 and 1994 c 231 s 1 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 presents a likelihood of serious harm 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) "Likelihood of serious harm" means either:  (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

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

    (19) "Parent" means the parent or parents who have the legal right to custody of the child.  Parent includes custodian or guardian.

    (20) "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.

    (((20))) (21) "Person" means an individual, including a minor.

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

    (((22))) (23) "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.

    (((23))) (24) "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. 34.  RCW 70.96A.095 and 1995 c 312 s 47 are each amended to read as follows:

    (1) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of ((counseling, care,)) outpatient treatment((, or rehabilitation)) by a chemical dependency treatment program ((or by any person)) certified by the department.  Consent of the parent((, parents, or legal guardian)) of a person less than eighteen years of age for inpatient treatment 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)) unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department.  Parental authorization is required for any treatment of a minor under the age of thirteen.  The parent((, parents, or legal guardian)) of a ((person less than eighteen years of age are)) minor is 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)).

    (2) The parent of any minor child may apply to ((an approved)) a certified treatment program for the admission of his or her minor child for purposes authorized in this chapter.  The consent of the minor child shall not be required for the application or admission.  The ((approved)) certified treatment program shall accept the application and evaluate the child for admission.  The ability of a parent to apply to ((an approved)) a certified treatment program for the ((involuntary)) admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.  However, the state may provide services for indigent minors to the extent that funds are available therefor.

    (3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if:  (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure.  The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.

 

    Sec. 35.  RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:

    (1)(a) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent.  Parental authorization is required for outpatient treatment of a minor under the age of thirteen.

    (b) Any provider of outpatient treatment for a minor thirteen years of age or older shall provide notice of the request for treatment to the minor's parents.  The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing treatment, and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for treatment with the parent.

    (c) A treatment provider may defer notification to a parent of a minor's request for treatment if the minor alleges physical or sexual abuse by the parent and the treatment provider notifies the department of the alleged abuse.  Upon completion of its assessment of the allegation, the department shall notify the treatment provider of its findings.  If the department determines the allegation is not valid, the treatment provider shall immediately notify the parent of the minor's request for treatment.  If the department determines the allegation is valid, the treatment provider need not provide notice to the parent.

    (2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:

    (a) A minor may be voluntarily admitted by application of the parent.  The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

    (b) A minor thirteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:

    (i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.

    (ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.

    (iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.

    (iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

    (v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.

    (vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing.  The hearing may be held at the treatment facility.

    (vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.  The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.

    (c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.

    (d) The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

    (3) A notice of intent to leave shall result in the following:

    (a) Any minor under the age of thirteen must be discharged immediately upon written request of the parent.

    (b) Any minor thirteen years or older voluntarily admitted may give notice of intent to leave at any time.  The notice need not follow any specific form so long as it is written and the intent of the minor can be discerned.

    (c) The staff member receiving the notice shall date it immediately, record its existence in the minor's clinical record, and send copies of it to the minor's attorney, if any, the county-designated mental health professional, and the parent.

    (d) The professional person in charge of the evaluation and treatment facility shall discharge the minor, thirteen years or older, from the facility within twenty-four hours after receipt of the minor's notice of intent to leave, unless the county-designated mental health professional or a parent or legal guardian files a petition or an application for initial detention within the time prescribed by this chapter.

    (4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.  However, the state may provide services for indigent minors to the extent that funds are available therefor.

 

    Sec. 36.  RCW 71.34.035 and 1995 c 312 s 58 are each amended to read as follows:

    The department shall randomly select and review the information on children who are admitted to ((in-patient)) inpatient treatment on application of the child's parent regardless of the source of payment, if any.  The review shall determine whether the children reviewed were appropriately admitted into treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.

 

    Sec. 37.  RCW 74.13.036 and 1995 c 312 s 65 are each amended to read as follows:

    (1) The department of social and health services shall oversee implementation of chapter 13.34 RCW and chapter 13.32A RCW.  The oversight shall be comprised of working with affected parts of the criminal justice and child care systems as well as with local government, legislative, and executive authorities to effectively carry out these chapters.  The department shall work with all such entities to ensure that chapters 13.32A and 13.34 RCW are implemented in a uniform manner throughout the state.

    (2) The department shall develop a plan and procedures, in cooperation with the state-wide advisory committee, to insure the full implementation of the provisions of chapter 13.32A RCW.  Such plan and procedures shall include but are not limited to:

    (a) Procedures defining and delineating the role of the department and juvenile court with regard to the execution of the child in need of services placement process;

    (b) Procedures for designating department staff responsible for family reconciliation services;

    (c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and 13.32A.250; and

    (d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.

    There shall be uniform application of the procedures developed by the department and juvenile court personnel, to the extent practicable.  Local and regional differences shall be taken into consideration in the development of procedures required under this subsection.

    (3) In addition to its other oversight duties, the department shall:

    (a) Identify and evaluate resource needs in each region of the state;

    (b) Disseminate information collected as part of the oversight process to affected groups and the general public;

    (c) Educate affected entities within the juvenile justice and child care systems, local government, and the legislative branch regarding the implementation of chapters 13.32A and 13.34 RCW;

    (d) Review complaints concerning the services, policies, and procedures of those entities charged with implementing chapters 13.32A and 13.34 RCW; and

    (e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.

    (4) The secretary shall submit a quarterly report to the appropriate local government entities.

    (5) The department shall provide an annual report to the legislature not later than December 1, indicating the number of times it has declined to accept custody of a child from a law enforcement agency under chapter 13.32A RCW and the number of times it has received a report of a child being released without placement under RCW 13.32A.060(1)(c).  The report shall include the dates, places, and reasons the department declined to accept custody and the dates and places children are released without placement.

 

    NEW SECTION.  Sec. 38.  It is the intent of the legislature that the changes in this act be construed to expedite the administrative and judicial processes provided for in the existing and amended statutes to assist in assuring that children placed in a crisis residential center have an appropriate placement available to them at the conclusion of their stay at the center.

 

    NEW SECTION.  Sec. 39.  A new section is added to chapter 74.13 RCW to read as follows:

    Within available funds appropriated for this purpose, the department shall establish, by contracts with private vendors, transitional living programs for dependent youth who are being assisted by the department in being emancipated as part of their permanency plan under chapter 13.34 RCW.  These programs shall be licensed under rules adopted by the department."

 

 

 

E2SHB 2217 - S COMM AMD

By Committee on Human Services & Corrections

 

                                                                   

 

    On page 1, line 1 of the title, after "youth" strike the remainder of the title and insert "amending RCW 13.32A.090, 13.32A.130, 13.32A.030, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.070, 13.32A.082, 13.32A.095, 13.32A.100, 13.32A.110, 13.32A.120, 13.32A.140, 13.32A.150, 13.32A.152, 13.32A.160, 13.32A.170, 13.32A.179, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.250, 13.34.165, 28A.225.030, 28A.225.035, 28A.225.090, 70.96A.020, 70.96A.095, 71.34.030, 71.34.035, and 74.13.036; adding new sections to chapter 13.32A RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 71.34 RCW; adding a new section to chapter 74.13 RCW; creating new sections; and prescribing penalties."

 

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