H-3465.6  _______________________________________________

 

                          HOUSE BILL 2442

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Representatives Mulliken, Sheahan, Sterk, Pelesky, McMahan, McMorris, Thompson, Smith, Honeyford, Goldsmith, Beeksma, Pennington, Sherstad, Koster, Hargrove, D. Sommers, D. Schmidt, Campbell, Benton, Johnson, Fuhrman, Stevens, Boldt and Backlund

 

Read first time 01/10/96.  Referred to Committee on Law & Justice.


 

 

Adopting the restoration of parents' rights and responsibilities act.



    AN ACT Relating to protecting and promoting the rights of parents; amending RCW 70.96A.095, 71.34.030, 46.20.292, 70.24.105, and 49.12.121; adding new sections to chapter 13.32A RCW; adding a new section to chapter 13.40 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 13.04 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.600 RCW; adding new sections to chapter 26.28 RCW; creating new sections; repealing RCW 49.12.123 and 70.24.110; 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 that wrongful intrusion by the state into the fundamental rights of parents to exercise legitimate care, responsibility, and control over the upbringing of their children and the failure of government to adequately support the reasonable attempts of parents to train, discipline, and prepare their children to be productive, law-abiding citizens is destructive to the family unit and harmful to society.

    The result of such interference and neglect 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 the rights of parents to rightfully manage and direct the affairs of their minor or dependent children, to ensure that government appropriately respects and reinforces those rights, and to ensure that 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 families and minor or dependent 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 rights of parents as recognized and protected by this act.

 

                              PART II

                              FAMILY

 

          A. PARENT'S RIGHT TO APPROVE OUTPATIENT DRUG OR

     ALCOHOL TREATMENT PROVIDED TO A MINOR OR DEPENDENT CHILD

 

    Sec. 2.  RCW 70.96A.095 and 1995 c 312 s 47 are each amended to read as follows:

    (1) Any person ((thirteen)) eighteen years of age or older may give consent for himself or herself to the furnishing of counseling, care, treatment, or rehabilitation by a treatment program or by any person.  Consent of the parent, parents, or legal guardian of a person less than eighteen years of age is ((not)) necessary to authorize the care((, except that the person shall not become a resident of the treatment program without such permission except as provided in RCW 70.96A.120 or 70.96A.140.  The parent, parents, or legal guardian of a person less than eighteen years of age are not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the counseling, care, treatment, or rehabilitation)).  In the event that a minor son or daughter seeks outpatient substance abuse or alcohol abuse treatment and a parent is unable or unavailable to give parental consent for the treatment, the minor may petition any superior court for a waiver of the consent requirement and may participate in proceedings on his or her own behalf.

    (2) The parent of any minor child may apply to an approved 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 treatment program shall accept the application and evaluate the child for admission.  The ability of a parent to apply to an approved 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.

 

       B. PARENT'S RIGHT TO APPROVE OUTPATIENT MENTAL HEALTH

         TREATMENT PROVIDED TO A MINOR OR DEPENDENT CHILD

 

    Sec. 3.  RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:

    (1) ((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)) eighteenIn the event that a minor son or daughter seeks outpatient mental health treatment and a parent is unable or unavailable to give parental consent for the treatment, the minor may petition any superior court for a waiver of the consent requirement and may participate in proceedings on his or her own behalf.

    (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))) (c) 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)) eighteen 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.

 

        C. PARENT'S RIGHT TO BE NOTIFIED OF A RUNAWAY MINOR

                        OR DEPENDENT CHILD

 

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

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

    (2) A violation of this section is a misdemeanor.

    (3) As used in this section, "shelter" means the person's home or any structure over which the person has any control.

 

D. PARENT'S RIGHT TO BE NOTIFIED OF ANY ACTION AGAINST A MINOR OR

                DEPENDENT CHILD'S DRIVER'S LICENSE

 

    Sec. 5.  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 action to suspend or revoke the driver's license of a juvenile who is an unemancipated minor, the department shall give written notice of the action by certified mail, return receipt requested, to a parent or legal guardian of the juvenile.

 

E. PARENT'S RIGHT TO BE NOTIFIED OF ANY LEGAL INFRACTION IMPOSED ON

                    A MINOR OR DEPENDENT CHILD

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 13.40 RCW to read as follows:

    The state and its political subdivisions shall provide written notice by certified mail, return receipt requested, to 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.

 

             F. FINANCIAL RESPONSIBILITIES OF A PARENT

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 13.32A RCW to read as follows:

    A parent or legal guardian of a child placed in a crisis residential center shall contribute fifty dollars per day, for not more than five consecutive days, for the expense of the child's placement.  However, the secretary may establish a payment schedule that requires a lesser payment based on the ability of a parent or legal guardian to pay.  The payment shall be made to the department.  No child may be denied placement in, or removed from, a crisis residential center based solely on the ability of a parent or legal guardian to make payment.

 

    NEW SECTION.  Sec. 8.  A new section is added to chapter 4.24 RCW to read as follows:

    A parent or legal guardian is liable for any monetary damages or penalties awarded or approved by a court in any civil or criminal matter that are incurred by or result from the conduct of an unemancipated minor or dependent child.  Liability may include actual damages and reasonable attorneys' fees and court costs unless otherwise restricted by law.

 

G. JUVENILE DIVERSION PARTICIPATION RESPONSIBILITIES OF A PARENT

 

    NEW SECTION.  Sec. 9.  A new section is added to chapter 13.04 RCW to read as follows:

    Any parent, legal guardian, or custodian who has custody of a juvenile alleged or found to have committed any offense, traffic infraction, or violation as provided in RCW 13.40.020 through 13.40.230, is subject to the jurisdiction of the court for purposes of participating in diversion agreements under RCW 13.40.080.

 

                             PART III

                             EDUCATION

 

     A. PARENT'S RIGHT TO KNOW OF A MINOR OR DEPENDENT CHILD'S

                         PERSONAL PROBLEMS

 

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

    A school may not counsel a student regarding the student's social, emotional, mental, or personal problems after an initial assessment consultation without first consulting with a parent or legal guardian of the student and obtaining the written consent of the parent or legal guardian.  Consent is not to be construed as continuing beyond the specific subject of discussion during consultation, unless the parent or legal guardian gives written permission to expand the scope of the counseling.

 

  B. PARENT'S RIGHT TO DETERMINE WHAT A MINOR OR DEPENDENT CHILD

                            IS LEARNING

 

    NEW SECTION.  Sec. 11.  A new section is added to chapter 28A.320 RCW to read as follows:

    Upon request by the parent or legal guardian of a student, the board of directors of a school district shall make available for inspection by the parent or legal guardian any materials, including all educational or instructional related classes, courses, programs, textbooks, teacher manuals, films, video tapes, audio tapes, computer programs, supplementary materials, or any other materials associated with the education or instruction of the student by the district.

    Before any school district may make available to a student any such materials associated with the following, the district shall notify the parent or legal guardian of the student that all such materials are available for public inspection and upon written consent by the parent or legal guardian the district may make such materials available to the student:  Human sexuality education; education regarding sexually transmitted diseases, including HIV or AIDS education; anger, stress, or conflict management or resolution education; suicide education; and death education.

    Employees of a school district shall not direct, instruct, or encourage a student to withhold instructional materials or other information concerning classroom activities, tests, discussions, or programs from their parent.

     All records kept on a student shall be provided to the parent upon request for the parent's observation, and copies thereof provided to the parent upon request at cost at the expense of the parent.  Records may not be maintained on a student that are not relevant to academic achievement, except that records regarding disciplinary action shall be separately maintained.

 

            C. PARENT'S AND STUDENT'S RIGHTS TO PRIVACY

 

    NEW SECTION.  Sec. 12.  A new section is added to chapter 28A.600 RCW to read as follows:

    Before a school district employee or other individual under the auspices of a school district may request or require a student to submit to the following, the district shall obtain the prior written consent of the parent or legal guardian of the student:  Any instruction involving psychotherapeutic techniques, group therapy or sensitivity training processes.  No survey, test, questionnaire, or examination that elicits the personal beliefs or practices of a student or the student's parent or legal guardian as to sex, religion, political affiliations, or mental or psychological treatment may be administered without prior consent of the student's parent or legal guardian.

 

                              PART IV

                            HEALTH CARE

 

     A. PARENT'S RIGHT TO BE PRESENT DURING MEDICAL PROCEDURES

               INVOLVING A MINOR OR DEPENDENT CHILD

 

    NEW SECTION.  Sec. 13.  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 notified and present whenever the child is receiving medical 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.

    Medical care may not be provided to an unemancipated minor or dependent child unless the medical provider has first obtained the signed consent of the child's parent or legal guardian.

    The prior written consent requirement in this section does not apply if, on the basis of a provider's good-faith clinical judgment, a medical emergency exists that necessitates the immediate provision of  medical care in order to avert the death of the child or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function.

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

 

    B. PARENT'S RIGHT TO APPROVE OF INVASIVE MEDICAL PROCEDURES

               INVOLVING A MINOR OR DEPENDENT CHILD

 

    NEW SECTION.  Sec. 14.  A new section is added to chapter 26.28 RCW to read as follows:

    An invasive medical procedure may not be performed upon an unemancipated minor or dependent child unless the physician has first obtained the signed consent of the child's parent or legal guardian.

    This prior written consent requirement does not apply if, on the basis of a physician's good-faith clinical judgment, a medical emergency exists that necessitates the immediate performance of an invasive medical procedure so as to avert the death of the child or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function.

    If an invasive medical procedure is being performed under chapter 9.02 RCW, an unemancipated minor or dependent child may petition any superior court for a waiver of the consent requirement and may participate in proceedings on her own behalf.  The petition shall include a statement that the petitioner is pregnant and is an unemancipated minor or dependent child.  The court shall appoint a guardian ad litem for the petitioner.  Any guardian ad litem appointed under this section shall act to maintain the confidentiality of the proceedings.

    The court shall advise the petitioner that she has a right to court-appointed counsel and shall provide such counsel upon request.

    Court proceedings under this section shall be confidential and shall ensure the anonymity of the petitioner.  All court proceedings under this section shall be sealed.  The petitioner has the right to file her petition in the court using a pseudonym or using solely her initials.  All documents related to this petition shall be confidential and shall not be available to the public.  These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly.  The court shall rule, and issue written findings of fact and conclusions of law, within forty-eight hours of the time that the petition was filed, except that the forty-eight hour limitation may be extended at the request of the petitioner.  If the court fails to rule within the forty-eight hour period and an extension was not requested, the petition shall be deemed to have been granted, and the consent requirement shall be waived.

    In the case of a petition by a petitioner, if the court finds, by clear and convincing evidence, that the petitioner is sufficiently mature or able to decide whether to have an abortion, the court shall issue an order authorizing the petitioner to consent to the performance or inducement of an abortion without the consent of a parent or guardian.  If the court does not make the finding that the petitioner is sufficiently mature or able to decide whether to have an abortion, it shall dismiss the petition.

     In the case of a petition by a petitioner, if the court finds, by clear and convincing evidence, that there is evidence of a pattern of physical or sexual abuse by a parent or guardian of the petitioner, or that the notification of a parent or guardian is not in the best interest of the petitioner, the court shall issue an order authorizing the petitioner to consent to the performance or inducement of an abortion without the consent of a parent or guardian.  If the court does not make the finding that there is evidence of a pattern of physical or sexual abuse by a parent or guardian of the petitioner, or that the consent of a parent or guardian is not in the best interest of the petitioner, it shall dismiss the petition.

    A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence and the judge's findings and conclusions be maintained.

    An expedited confidential appeal shall be available, as the supreme court provides by rule, to a petitioner to whom the court denies a waiver of notice.  An order authorizing an abortion without notice shall not be subject to appeal.

    Filing fees shall not be required of a petitioner who petitions a court for a waiver of parental consent under this section at either the trial or the appellate level.

    The supreme court is respectfully requested to establish rules to ensure that proceedings under this section are handled in an expeditious and confidential manner and to satisfy any requirements of federal courts binding on this jurisdiction.

 

C. PARENT'S RIGHT TO APPROVE TESTING OF A MINOR OR DEPENDENT CHILD

    FOR SEXUALLY TRANSMITTED DISEASE AND TO ACCESS TEST RESULTS

 

    Sec. 15.  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));

    (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));

    (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.

 

                              PART V

                            EMPLOYMENT

 

           PARENT'S RIGHT TO DETERMINE THE HOURS A MINOR

                    OR DEPENDENT CHILD MAY WORK

 

    Sec. 16.  RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

    (((1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees.  However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.

    (2))) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards ((for the health, safety, and welfare of minors as set forth in the rules adopted by the department)) under chapter 49.17 RCW.  No minor person shall be employed in any occupation, trade, or industry subject to chapter 16, Laws of 1973 2nd ex. sess., unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending.  However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.

    (((3))) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

 

    NEW SECTION.  Sec. 17.  The following acts or parts of acts are each repealed:

    (1) RCW 49.12.123 and 1991 c 303 s 8, 1983 c 3 s 156, & 1973 c 51 s 3; and

    (2) RCW 70.24.110 and 1988 c 206 s 912 & 1969 ex.s. c 164 s 1.

 

    NEW SECTION.  Sec. 18. Part and subpart headings used in this act do not constitute any part of the law.

 

    NEW SECTION.  Sec. 19. This act shall be known and cited as the restoration of parents' rights and responsibilities act of 1996.

 

    NEW SECTION.  Sec. 20. The provisions of this act shall be liberally construed to effectuate the policies and purposes of this act.  In the event of conflict between this act and any other provision of law, the provisions of this act shall govern.

 

    NEW SECTION.  Sec. 21.  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. 22.  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.

 


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