_______________________________________________
HOUSE
BILL 1879
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 02/13/95.
Referred to Committee on Corrections.
Revising provision
for costs of support, treatment, and confinement of juvenile offenders.
AN ACT
Relating to costs of juvenile offenders; and amending RCW 13.40.220; and
declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.220 and 1994 sp.s. c 7 s 529 are each amended to read as follows:
(1)
Whenever legal custody of a child is vested in someone other than his or her
parents, under this chapter, and not vested in the department of social and
health services, after due notice to the parents or other persons legally
obligated to care for and support the child, and after a hearing, the court may
order and decree that the parent or other legally obligated person shall pay in
such a manner as the court may direct a reasonable sum representing in whole or
in part the costs of support, treatment, and confinement of the child after the
decree is entered.
(2) If
the parent or other legally obligated person willfully fails or refuses to pay
such sum, the court may proceed against such person for contempt.
(3)
Whenever legal custody of a child is vested in the department under this
chapter, the parents or other persons legally obligated to care for and support
the child shall be liable for the costs of support, treatment, and confinement
of the child, in accordance with the department's reimbursement of cost
schedule. The department shall adopt a reimbursement of cost schedule based on
the costs of providing such services, and shall determine an obligation based
on the responsible parents' or other legally obligated person's ability to
pay. The department is authorized to adopt additional rules as appropriate to
enforce this section.
(4) To
enforce subsection (3) of this section, the department shall serve on the
parents or other person legally obligated to care for and support the child a
notice and finding of financial responsibility requiring the parents or other
legally obligated person to appear and show cause in an adjudicative proceeding
why the finding of responsibility and/or the amount thereof is incorrect and
should not be ordered. This notice and finding shall relate to the costs of
support, treatment, and confinement of the child in accordance with the
department's reimbursement of cost schedule adopted under this section,
including periodic payments to be made in the future. The hearing shall be
held pursuant to chapter 34.05 RCW, the Administrative Procedure Act, and the
rules of the department.
(5)
The notice and finding of financial responsibility shall be served in the same
manner prescribed for the service of a summons in a civil action or may be
served on the parent or legally obligated person by certified mail, return
receipt requested. The receipt shall be prima facie evidence of service.
(6) If
the parents or other legally obligated person objects to the notice and finding
of financial responsibility, then an application for an adjudicative hearing
may be filed within twenty days of the date of service of the notice. If an
application for an adjudicative proceeding is filed, the presiding or reviewing
officer shall determine the past liability and responsibility, if any, of the
parents or other legally obligated person and shall also determine the amount
of periodic payments to be made in the future. If the parents or other legally
responsible person fails to file an application within twenty days, the notice
and finding of financial responsibility shall become a final administrative
order.
(7)
Debts determined pursuant to this section are subject to collection action
without further necessity of action by a presiding or reviewing officer. The
department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640,
74.20A.060, and 74.20A.070. The department shall exempt from payment parents
receiving adoption support under RCW 74.13.100 through 74.13.145, ((and))
parents eligible to receive adoption support under RCW 74.13.150, and a
parent or other legally obligated person when the parent or other legally
obligated person, or such person's child, spouse, or spouse's child, was the
victim of the offense for which the child was committed.
(8) An
administrative order entered pursuant to this section shall supersede any court
order entered prior to June 13, 1994.
(9)
The department shall be subrogated to the right of the child and his or her
parents or other legally responsible person to receive support payments for the
benefit of the child from any parent or legally obligated person pursuant to a
support order established by a superior court or pursuant to RCW 74.20A.055.
The department's right of subrogation under this section is limited to the
liability established in accordance with its cost schedule for support,
treatment, and confinement, except as addressed in subsection (10) of this
section.
(10)
Nothing in this section precludes the department from recouping such additional
support payments from the child's parents or other legally obligated person as
required to qualify for receipt of federal funds. The department may adopt
such rules dealing with liability for recoupment of support, treatment, or
confinement costs as may become necessary to entitle the state to participate
in federal funds unless such rules would be expressly prohibited by law. If
any law dealing with liability for recoupment of support, treatment, or
confinement costs is ruled to be in conflict with federal requirements which
are a prescribed condition of the allocation of federal funds, such conflicting
law is declared to be inoperative solely to the extent of the conflict.
NEW SECTION. Sec. 2. 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.
