2442-S.E [atlas:bill]

AN ACT Relating to protecting and promoting the rights of parents; amending RCW 13.32A.082, 46.20.292, 70.24.105, and 70.24.110; adding a new section to chapter 70.96A RCW; adding a new section to chapter 71.34 RCW; adding a new section to chapter 13.32A RCW; adding a new section to chapter 13.40 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 26.28 RCW; creating new sections; prescribing penalties; and declaring an emergency.

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

PART I

LEGISLATIVE INTENT

RESTORATION OF PARENTS' RIGHTS AND RESPONSIBILITIES

NEW SECTION. Sec. 1. The legislature finds there has been a gradual encroachment by the state into the fundamental rights of parents to exercise legitimate care, responsibility, and guidance over the upbringing of their children. The legislature also finds that government's inability to adequately support reasonable attempts by parents to guide, discipline, and prepare their children for a productive, fulfilling life, is both a result and cause of the breakdown in the family unit and harmful to society.

The result is a breakdown in the traditional role of the family as the primary provider, protector, and promoter of the health, safety, and well-being of children and of the basic values and character traits essential for attaining individual liberty, fulfillment, and happiness.

This act is intended to ensure parents can rightfully guide and direct the affairs of their minor or dependent children. This act is also intended to ensure government appropriately respects and reinforces those rights, and to ensure parents meet the responsibilities inherent in bearing and raising young children. The legislature recognizes that upholding the rights of parents is in the best interest of the families and minor children of Washington state.

This act is also intended to assist parents in furthering the following important values: (1) Honesty, integrity, and trust; (2) respect for self and others; (3) responsibility for personal actions and commitments; (4) self-discipline and moderation; (5) diligence and a positive work ethic; (6) respect for law and authority; (7) healthy and constructive behavior; and (8) family as the basis of society.

Neither the state of Washington, nor its political subdivisions, should by any means, enact or enforce any policy that supersedes or infringes upon the abilities and the rights of parents as recognized and protected by this act.

PART II

FAMILY

A. PARENTS' RIGHT TO NOTIFICATION OF OUTPATIENT OR INPATIENT

DRUG OR ALCOHOL TREATMENT PROVIDED TO A MINOR

OR DEPENDENT CHILD

NEW SECTION. Sec. 2. A new section is added to chapter 70.96A RCW to read as follows:

(1) Any provider of treatment in an approved inpatient treatment program who provides treatment beyond an initial assessment, to a minor under RCW 70.96A.095(1) shall provide notice of the treatment to the minor's parents. The notice shall be made within forty-eight hours of the first date of treatment after the initial assessment, excluding Saturdays, Sundays, and holidays, and shall contain the same information as required under RCW 71.34.030(2)(b).

The provider shall provide notice only if (a) the minor signs a written consent authorizing the disclosure in accordance with sections 523 and 527 of the public health services act, 42 U.S.C. Sec. 290dd‑3, 290ee‑3, as implemented by 42 C.F.R. Sec. 2.31 (1994) or (b) the consent of the minor's parent, parents, custodian, or guardian is unnecessary for the minor to receive treatment and the program or facility director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure.

(2) Any provider of outpatient treatment who provides outpatient treatment to a minor 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 in accordance with sections 523 and 527 of the public health services act, 42 U.S.C. Sec. 290dd‑3, 290ee‑3, as implemented by 42 C.F.R. Sec. 2.31 (1994) or (b) the program or facility 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 same information as required under RCW 71.34.030(2)(b).

B. PARENTS' RIGHT TO NOTICE OF OUTPATIENT OR INPATIENT

MENTAL HEALTH TREATMENT PROVIDED TO A MINOR

OR DEPENDENT CHILD

NEW SECTION. Sec. 3. A new section is added to chapter 71.34 RCW to read as follows:

(1) Any treatment provider at an inpatient evaluation and treatment facility who agrees to provide inpatient treatment to a minor at the minor's request under RCW 71.34.030(2), must notify the minor's parent or guardian of the minor's request for inpatient treatment. The notice must be made within forty-eight hours of the request for treatment, excluding Saturdays, Sundays, and holidays, and must contain the same information as required under RCW 71.34.030(2)(b). If the minor is admitted to the inpatient treatment facility upon the minor's request for inpatient treatment the notice must be provided within twenty-four hours as provided in RCW 71.34.030(2)(b).

(2) Any treatment provider of outpatient treatment must notify the minor's parent or guardian of the minor's request for outpatient treatment beyond an initial assessment. The notice must be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and must contain the same information as required under RCW 71.34.030(2)(b).

(3) The treatment provider is not required to notify a parent or guardian of a minor's request for inpatient or outpatient treatment as required by this section, if the minor does not consent to notifying the parent or guardian and the minor claims that a parent or guardian has physically or sexually abused the minor. If the minor is admitted for inpatient treatment, the notice provisions of RCW 71.34.030(2)(b) apply.

C. PARENTS' RIGHT TO BE NOTIFIED OF A RUNAWAY MINOR

OR DEPENDENT CHILD

Sec. 4. 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.

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

NEW SECTION. Sec. 5. 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 is a licensing violation under chapter 74.15 RCW.

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

D. RIGHT TO NOTIFICATION OF DRIVER'S LICENSE SUSPENSION

Sec. 6. RCW 46.20.292 and 1979 c 61 s 8 are each amended to read as follows:

The department may suspend, revoke, restrict, or condition any driver's license upon a showing of its records that the licensee has been found by a juvenile court, chief probation officer, or any other duly authorized officer of a juvenile court to have committed any offense or offenses which under Title 46 RCW constitutes grounds for said action. If the department takes any such action against the driver's license of an unemancipated minor under age eighteen, the department must make a reasonable effort to notify the juvenile's parent, parents, or guardian.

E. PARENTS' RIGHT TO BE NOTIFIED OF ANY JUVENILE OFFENDER

PROCEEDINGS INVOLVING A MINOR OR DEPENDENT CHILD

NEW SECTION. Sec. 7. A new section is added to chapter 13.40 RCW to read as follows:

If a parent would not otherwise be notified, the state and its political subdivisions must notify a parent or legal guardian of a minor or dependent child of any arrest, detention, or penalty imposed under color of law upon the minor or dependent child by the state or any of its political subdivisions.

PART III

EDUCATION

A. PARENTS' RIGHT TO DETERMINE WHAT A MINOR OR DEPENDENT CHILD

IS LEARNING

NEW SECTION. Sec. 8. A new section is added to chapter 28A.320 RCW to read as follows:

(1) Upon the written request or personal appearance of a parent or legal guardian of a student, a public school shall make available for inspection by the parent or legal guardian, during school hours, any classroom instructional materials, including textbooks, teacher manuals, library books, films, video tapes, audio tapes, computer programs, supplementary materials, or any other materials, associated with the education or instruction of the student by the school. Materials physically located in the school must be made available within five working days of the request. Materials within the school district must be made available within fourteen working days of the request.

(2) A student may attend or participate in any public school-sponsored class, program, or activity that concerns suicide or euthanasia, or includes human sexuality issues dealing with sex education, sexually transmitted diseases, contraception, or sexual orientation, provided that the school has on file a signed confirmation from the parent that the parent has received notification that the class, program, or activity concerns suicide or euthanasia, or includes human sexuality issues dealing with sex education, sexually transmitted diseases, contraception, or sexual orientation and the parent approves of his or her child's participation in the specific class, program, or activity. A school or school district may comply with the notification requirement in this section by notifying the parent at least once per school year of the planned classes, programs, or activities.

(3) A parent may inspect all instructional materials including teachers' manuals, tapes, or other supplementary materials, or instructional materials that may be used by any guest speaker, in presenting any of the components of subsection (1) of this section.

(4) Employees of a school district may not encourage a student to withhold materials or other information concerning classroom activities, tests, discussions, or programs from his or her parents.

B. PARENTS' AND STUDENTS' RIGHTS TO PRIVACY

NEW SECTION. Sec. 9. A new section is added to chapter 28A.600 RCW to read as follows:

(1) Except when generated by a student as a part of course work, a public school must give parents or legal guardians advance written notice before the school, or before any person or organization under contract with the school, conducts any student test, questionnaire, survey, analysis, or evaluation that requests disclosure by the student of information about either the student or the student's parent or legal guardian's personal: Political or religious affiliations, mental or psychological problems, sexual behavior or attitudes, illegal, self-incriminating, or demeaning behavior, critical appraisals of any other individual with whom the student has a family relationship, legally privileged information arising out of confidential relationships with persons such as lawyers, physicians, or ministers, or religious issues. The notice must provide complete disclosure to the student's parent or legal guardian regarding the subject matter and nature of the test, questionnaire, survey, analysis, or evaluation.

(2) No student may participate in any test, questionnaire, survey, analysis, or evaluation listed in subsection (1) of this section without prior written consent from the student's parent or legal guardian.

(3) All materials which a school uses in conducting any student test, questionnaire, survey, analysis, or evaluation that involves disclosure of information described in subsection (1) of this section must be readily available for inspection by the parent or legal guardian of a student, at least ten days prior to their administration, at the school during normal school hours. School personnel must also be readily available to answer questions relative to the materials.

C. PARENTS' RIGHT TO KNOW WHETHER THEIR CHILD

IS SEEKING COUNSELING SERVICES

NEW SECTION. Sec. 10. A new section is added to chapter 28A.150 RCW to read as follows:

(1) All schools shall maintain a written register regarding counseling services provided by a school counselor or other paraprofessional employed by the district to provide counseling services to students in the public schools. This register must maintain the dates on which the student received counseling services. This register must be available for parent review and may not be maintained with student academic records. This register may not be released to anyone other than the parent or student without the parent's consent.

(2) Counseling records maintained from counseling sessions involving social or emotional issues must be destroyed upon the student's high school graduation or permanent transfer from the school.

(3) No school employee may knowingly use formal counseling techniques that are beyond the scope of his or her certification.

PART IV

HEALTH CARE

A. PARENTS' RIGHT TO BE PRESENT DURING MEDICAL PROCEDURES

INVOLVING A MINOR OR DEPENDENT CHILD

NEW SECTION. Sec. 11. A new section is added to chapter 26.28 RCW to read as follows:

A parent or legal guardian of an unemancipated minor or dependent child has a right to be present when the minor or child is receiving medical care if: (1) The parent is present at the time needed care is provided; (2) the parent indicates his or her desire to be present; (3) the child indicates his or her desire for the parent to be present; and (4) the parent's presence will not interfere with or disrupt the provider's ability to administer care.

This right does not extend to a parent or legal guardian if a restraining order or other court order has been issued prohibiting the parent or legal guardian from having contact with the child.

As used in this section, "medical care" means any medical procedure, treatment, diagnosis, or examination that is performed by a person licensed in this state to provide health care.

B. PARENTS' RIGHT TO ACCESS HEALTH RELATED TEST RESULTS

Sec. 12. RCW 70.24.105 and 1994 c 72 s 1 are each amended to read as follows:

(1) No person may disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test or treatment for a sexually transmitted disease, except as authorized by this chapter.

(2) No person may disclose or be compelled to disclose the identity of any person upon whom an HIV antibody test is performed, or the results of such a test, nor may the result of a test for any other sexually transmitted disease when it is positive be disclosed. This protection against disclosure of test subject, diagnosis, or treatment also applies to any information relating to diagnosis of or treatment for HIV infection and for any other confirmed sexually transmitted disease. The following persons, however, may receive such information:

(a) The subject of the test or the subject's legal representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor child over fourteen years of age and otherwise competent when the minor seeks testing without parent involvement. Test results must be available to a parent or legal guardian if the parent or legal guardian is present at the time of testing;

(b) Any person who secures a specific release of test results or information relating to HIV or confirmed diagnosis of or treatment for any other sexually transmitted disease executed by the subject or the subject's legal representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor child over fourteen years of age and otherwise competent when the minor seeks testing without parent involvement. Test results must be available to a parent or legal guardian if the parent or legal guardian is present at the time of testing;

(c) The state public health officer, a local public health officer, or the centers for disease control of the United States public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted disease;

(d) A health facility or health care provider that procures, processes, distributes, or uses: (i) A human body part, tissue, or blood from a deceased person with respect to medical information regarding that person; (ii) semen, including that provided prior to March 23, 1988, for the purpose of artificial insemination; or (iii) blood specimens;

(e) Any state or local public health officer conducting an investigation pursuant to RCW 70.24.024, provided that such record was obtained by means of court ordered HIV testing pursuant to RCW 70.24.340 or 70.24.024;

(f) A person allowed access to the record by a court order granted after application showing good cause therefor. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of the order, the court, in determining the extent to which any disclosure of all or any part of the record of any such test is necessary, shall impose appropriate safeguards against unauthorized disclosure. An order authorizing disclosure shall: (i) Limit disclosure to those parts of the patient's record deemed essential to fulfill the objective for which the order was granted; (ii) limit disclosure to those persons whose need for information is the basis for the order; and (iii) include any other appropriate measures to keep disclosure to a minimum for the protection of the patient, the physician-patient relationship, and the treatment services, including but not limited to the written statement set forth in subsection (5) of this section;

(g) Persons who, because of their behavioral interaction with the infected individual, have been placed at risk for acquisition of a sexually transmitted disease, as provided in RCW 70.24.022, if the health officer or authorized representative believes that the exposed person was unaware that a risk of disease exposure existed and that the disclosure of the identity of the infected person is necessary;

(h) A law enforcement officer, fire fighter, health care provider, health care facility staff person, or other persons as defined by the board in rule pursuant to RCW 70.24.340(4), who has requested a test of a person whose bodily fluids he or she has been substantially exposed to, pursuant to RCW 70.24.340(4), if a state or local public health officer performs the test;

(i) Claims management personnel employed by or associated with an insurer, health care service contractor, health maintenance organization, self-funded health plan, state-administered health care claims payer, or any other payer of health care claims where such disclosure is to be used solely for the prompt and accurate evaluation and payment of medical or related claims. Information released under this subsection shall be confidential and shall not be released or available to persons who are not involved in handling or determining medical claims payment; and

(j) A department of social and health services worker, a child placing agency worker, or a guardian ad litem who is responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a child, who is less than fourteen years of age, has a sexually transmitted disease, and is in the custody of the department of social and health services or a licensed child placing agency; this information may also be received by a person responsible for providing residential care for such a child when the department of social and health services or a licensed child placing agency determines that it is necessary for the provision of child care services.

(3) No person to whom the results of a test for a sexually transmitted disease have been disclosed pursuant to subsection (2) of this section may disclose the test results to another person except as authorized by that subsection.

(4) The release of sexually transmitted disease information regarding an offender, except as provided in subsection (2)(e) of this section, shall be governed as follows:

(a) The sexually transmitted disease status of a department of corrections offender shall be made available by department of corrections health care providers to a department of corrections superintendent or administrator as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information may be submitted to transporting officers and receiving facilities, including facilities that are not under the department of correction's jurisdiction.

(b) The sexually transmitted disease status of a person detained in a jail shall be made available by the local public health officer to a jail administrator as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information may be submitted to transporting officers and receiving facilities.

(c) Information regarding a department of corrections offender's sexually transmitted disease status is confidential and may be disclosed by a correctional superintendent or administrator or local jail administrator only as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. Unauthorized disclosure of this information to any person may result in disciplinary action, in addition to any other penalties as may be prescribed by law.

(5) Whenever disclosure is made pursuant to this section, except for subsections (2)(a) and (6) of this section, it shall be accompanied by a statement in writing which includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure shall be accompanied or followed by such a notice within ten days.

(6) The requirements of this section shall not apply to the customary methods utilized for the exchange of medical information among health care providers in order to provide health care services to the patient, nor shall they apply within health care facilities where there is a need for access to confidential medical information to fulfill professional duties.

(7) Upon request of the victim, disclosure of test results under this section to victims of sexual offenses under chapter 9A.44 RCW shall be made if the result is negative or positive. The county prosecuting attorney shall notify the victim of the right to such disclosure. Such disclosure shall be accompanied by appropriate counseling, including information regarding follow-up testing.

C. PARENTS' RIGHT TO NOTIFICATION OF HEALTH CARE TREATMENT

PROVIDED FOR SEXUALLY TRANSMITTED DISEASES

Sec. 13. RCW 70.24.110 and 1988 c 206 s 912 are each amended to read as follows:

A minor fourteen years of age or older who may have come in contact with any sexually transmitted disease or suspected sexually transmitted disease may give consent to the furnishing of hospital, medical and surgical care related to the diagnosis or treatment of such disease. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize hospital, medical and surgical care related to such disease and such parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section. However, a parent or legal guardian is entitled to receive information regarding treatment provided and test results when the parent or legal guardian accompanies the minor child for testing or treatment services provided in this chapter.

NEW SECTION. Sec. 14. Part and subpart headings used in this act do not constitute any part of the law.

NEW SECTION. Sec. 15. This act shall be known and cited as the restoration of parents' rights and responsibilities act of 1996.

NEW SECTION. Sec. 16. This act is intended to be cumulative and nonexclusive and is not intended to affect any rights granted to parents by any other law or statute. This act shall be liberally construed to effectuate the policies and purposes of this act.

NEW SECTION. Sec. 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.