5439-S

AN ACT Relating to revising procedures for nonoffender at-risk youth and their families; amending RCW 13.32A.010, 13.32A.030, 13.32A.040, 13.32A.050, 13.32A.060, 13.32A.070, 13.32A.090, 13.32A.110, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.177, 13.32A.180, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.250, 13.04.030, 13.04.040, 13.04.093, 70.96A.090, 70.96A.095, 71.34.020, 71.34.030, 74.13.031, 74.13.032, 74.13.033, 74.13.034, 74.13.035, 74.13.036, 74.15.020, 82.14.300, 82.14.320, 28A.175.010, 28A.225.010, 28A.225.020, 28A.225.030, 28A.225.050, 28A.225.060, 28A.225.070, 28A.225.090, 28A.225.100, 28A.225.110, 28A.225.120, 28A.225.130, 28A.225.140, and 28A.225.150; adding new sections to chapter 13.32A RCW; adding a new section to chapter 71.34 RCW; adding new sections to chapter 74.13 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.150 RCW; creating new sections; prescribing penalties; making an appropriation; and providing effective dates.

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

Sec. 1. RCW 13.32A.010 and 1979 c 155 s 15 are each amended to read as follows:

The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, the experience and maturity ((~~are~~)) of parents make them better ((~~qualifications for establishing~~)) qualified to establish guidelines beneficial to and protective of ((~~individual members and the group as a whole than are youth and inexperience~~)) their children. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents should have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.

The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.

The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.

The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.

The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk youth. Within available funds, the legislature intends to provide these services through secure crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.

The legislature recognizes that secure crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.

Sec. 2. RCW 13.32A.030 and 1990 c 276 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) "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

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

(3) "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 or a secure crisis residential center 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) "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) "Custodian" means the person who has the legal right to the custody of the child.

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

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

((~~(3)~~)) (7) "Extended family members" means 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) "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) "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) "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) "Parent" means the ((~~legal~~)) parent or parents who have the legal right to custody of the child. "Parent" includes custodian((~~(s)~~)) or guardian((~~(s) of a child;~~

(4) "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: PROVIDED, That such facility shall not be a secure institution or facility as defined by the federal juvenile justice and delinquency prevention act of 1974 (P.L. 93-415; 42 U.S.C. Sec. 5634 et seq.) and regulations and clarifying instructions promulgated thereunder. 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. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves;

~~(5) "At-risk youth" means an individual under the chronological age of eighteen years who:~~

~~(a) Is absent from home for more than seventy-two consecutive hours without consent of his or her parent;~~

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

~~(c) Has a serious substance abuse problem for which there are no pending criminal charges related to the substance abuse~~)).

(12) "Secure crisis residential center" means a secure facility licensed under chapter 74.13 RCW with doors, windows, or secured perimeter that operates to prevent a child from leaving without permission of the facility staff.

(13) "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.

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

Whenever a child in need of services petition is filed by a youth pursuant to RCW 13.32A.130, or the department pursuant to RCW 13.32A.150, the youth or the department 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.

Sec. 4. RCW 13.32A.040 and 1994 c 304 s 3 are each amended to read as follows:

Families who are in conflict or who are experiencing problems with at-risk youth or a child who may be in need of services may request family reconciliation services from the department. The department may involve a multidisciplinary team in its response. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth, children in need of services, or family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family. ((~~Upon a referral by a school or other appropriate agency,~~)) Family reconciliation services may also include training in parenting, conflict management, and dispute resolution skills.

Sec. 5. RCW 13.32A.050 and 1994 sp.s. c 7 s 505 are each amended to read as follows:

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

((~~(1)~~)) (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

((~~(2)~~)) (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

((~~(3)~~)) (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

((~~(4)~~)) (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 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.

(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.

((~~An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.~~))

(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 secure 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.

(4) If the police who initially take the juvenile into custody or the staff of the secure 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 has a reasonable suspicion that a child is being unlawfully 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 crisis residential center except as provided in this chapter.

Sec. 6. RCW 13.32A.060 and 1994 sp.s. c 7 s 506 are each amended to read as follows:

(1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) 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 the officer to take the child to the home of an adult extended family member or a responsible adult. The officer releasing a child into the custody of an adult extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community; or

(b) Take the child to ((~~the home of an adult extended family member,~~)) a designated secure crisis residential center, ((~~or the home of a responsible adult~~)) after attempting to notify the parent or legal guardian:

(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 ((~~in the home~~)) some type of child abuse or neglect, as defined in RCW 26.44.020((~~, as now law or hereafter amended~~)); 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.

((The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.))

(2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated secure crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the law enforcement authorities are informed on a regular basis as to the location of the designated secure crisis residential center or centers in their ((~~judicial district~~)) jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.

(((3) "Extended family members" means 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.))

Sec. 7. RCW 13.32A.070 and 1986 c 288 s 2 are each amended to read as follows:

(1) ((An officer taking a child into custody under RCW 13.32A.050 may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home or an alternative residential placement can be agreed to or determined pursuant to this chapter. An officer placing a child with a responsible adult other than his or her parent shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.

~~(2)~~)) 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, or in releasing a child to a person ((~~other than~~)) at the request of a parent ((~~of such child~~)) is immune from civil or criminal liability for such action.

((~~(3)~~)) (2) A person ((~~other than a parent of such child who receives~~)) with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith ((~~in doing so~~)) is immune from civil or criminal liability for the act of receiving ((~~such~~)) the child. ((~~Such~~)) The immunity does not release ((~~such~~)) the person from liability under any other law ((~~including the laws regulating licensed child care and prohibiting child abuse~~)).

NEW SECTION. Sec. 8. A new section is added to chapter 13.32A RCW to read as follows:

The parents of a child placed in a secure 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 a parent's ability to pay. The payment shall be made to the department. No child may be denied placement in, or removed from, a secure crisis residential center based solely on the income of the parent.

Sec. 9. RCW 13.32A.090 and 1990 c 276 s 6 are each amended to read as follows:

(1) The person in charge of a designated secure crisis residential center or the department ((~~pursuant to RCW 13.32A.070~~)) 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.070~~)) 13.32A.060.

(2) When any of the circumstances under subsection (1) of this section are present, the person in charge of a center 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 an ((~~alternative residential~~)) out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent at the latter'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.

Sec. 10. 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 secure crisis residential center or is placed by a law enforcement officer with a responsible person other than the child's parent, and the child refuses to return home, the provisions of RCW 13.24.010 shall apply.

Sec. 11. RCW 13.32A.120 and 1990 c 276 s 7 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 ((~~alternative residential~~)) out-of-home placement arrived at pursuant to RCW 13.32A.090(2)(e), 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 ((~~alternative residential~~)) out-of-home placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve an ((~~alternative residential~~)) 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 ((~~alternative residential~~)) 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 petition to approve an ((~~alternative residential~~)) 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. 12. RCW 13.32A.130 and 1994 sp.s. c 7 s 508 are each amended to read as follows:

(1) A child admitted to a secure crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an ((~~alternative residential~~)) out-of-home placement ((~~under an agreement between the parent and child,~~)) shall((~~, except as provided for by RCW 13.32A.140 and 13.32A.160(2),~~)) reside in the ((~~placement~~)) center under the rules ((~~established for~~)) of the center for a period not less than three and not to exceed five consecutive days from the time of intake((~~, except as otherwise provided by this chapter~~)). The parents may remove the child at any time during the five-day period if no 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.

(2) Secure crisis residential center staff shall make ((~~a concerted~~)) every reasonable effort 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 of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the person in charge shall inform the parent and child of ((~~(1)~~)) (a) the availability of counseling services; ((~~(2)~~)) (b) the right to file a child in need of services petition for an ((~~alternative residential~~)) 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 department to form a multidisciplinary team; and ((~~(3)~~)) (d) the right to request a review of any ((~~alternative residential~~)) out-of-home placement.

(3) At no time shall information regarding a parent's or child's rights be withheld ((~~if requested~~)). The department shall develop and distribute to all law enforcement agencies and to each secure 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.

NEW SECTION. Sec. 13. A new section is added to chapter 13.32A RCW to read as follows:

(1) The administrator of a secure crisis residential center may convene a multidisciplinary team at the request of a child placed at the center or the child's parent. If the administrator has reasonable cause to believe that a child is a child in need of services and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team. The parent may disband the team at any time unless the court has ordered an out-of-home placement pursuant to section 19(3) of this act. Upon the filing of an at-risk youth or dependency petition, the team shall cease to exist unless the parent requests continuation of the team.

(2) The secretary shall request participation of appropriate state agencies in the multidisciplinary teams. Those agencies that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary team and the secretary shall provide this information to the administrator of each secure crisis residential center.

(3) The secretary shall designate within each region a department employee who shall have responsibility for coordination of the state response to a request for creation of a multidisciplinary team. The secretary shall advise the administrator of each secure crisis residential center of the name of the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall provide a list of the agencies that have agreed to participate in the multidisciplinary team.

(4) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.

(5) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.

(6) When an administrator of a secure crisis residential center requests the formation of a team, the state agencies must respond as soon as possible. The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:

(a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;

(b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;

(c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or

(d) With the parent's consent, work with them to achieve reconciliation of the child and family.

(7) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.

(8) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.

(9) The coordinator of the multidisciplinary team may assist in filing a child in need of services petition when requested by the parent or child or an at-risk youth petition when requested by the parent. The multidisciplinary team shall have no standing as a party in any action under this title.

(10) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department and request the case be reviewed for a dependency filing under chapter 13.34 RCW.

Sec. 14. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:

The department shall file a child in need of services petition to approve an ((~~alternative residential~~)) 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 secure crisis residential center or has been placed with a responsible person other than his or her parent, 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;

(d) No child in need of services petition ((~~requesting approval of an alternative residential placement~~)) has been filed by either the child or parent ((~~or legal custodian~~));

(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 secure 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

(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;

(d) No child in need of services petition ((~~requesting approval of an alternative residential placement~~)) 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 ((~~a licensed child care facility, including but not limited to a crisis residential center, or in any other suitable residence to be determined by the department until~~)) an ((~~alternative residential~~)) 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 court. The department may authorize emergency medical or dental care for a child placed under this section. The state, when the department files a child in need of services petition ((~~for alternative residential placement~~)) under this section, shall be represented as provided for in RCW 13.04.093.

Sec. 15. RCW 13.32A.150 and 1992 c 205 s 208 are each amended to read as follows:

(1) Except as otherwise provided in this ((~~section~~)) chapter, the juvenile court shall not accept the filing of ((~~an alternative residential placement~~)) 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 shall be aimed at family reconciliation 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 ((~~subsection (3) of this~~)) section 23 of this act.

(2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an ((~~alternative residential~~)) out-of-home placement for the child ((~~outside the parent's home~~)). The department shall, when requested, assist either a parent or child in the filing of the petition. The petition shall only ask that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve ((~~such~~)) 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 ((~~alternative residential~~)) out-of-home placement.

(((3) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioning parent resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

~~(a) The child is an at-risk youth as defined in this chapter;~~

~~(b) The petitioning parent has the right to legal custody of the child;~~

~~(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and~~

~~(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.~~

The petition shall set forth facts that support the allegations in this subsection and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition 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 the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child. An at-risk youth petition may not be filed if the court has approved an alternative residential placement petition regarding the child or if the child is the subject of a proceeding under chapter 13.34 RCW. A petition may be accepted for filing only if alternatives to court intervention have been attempted. Juvenile court personnel may screen all at-risk youth petitions and may refuse to allow the filing of any petition that lacks merit, fails to comply with the requirements of this section, or fails to allege sufficient facts in support of allegations in the petition.))

Sec. 16. RCW 13.32A.160 and 1990 c 276 s 11 are each amended to read as follows:

(1) When a proper child in need of services petition to approve an ((~~alternative residential~~)) out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a) Schedule a ((~~date for a~~)) fact-finding hearing to be held within three judicial days; 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 ((~~alternative residential~~)) out-of-home placement 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 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 ((~~(e)~~)) (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

(2) Upon filing of ((~~an alternative residential placement~~)) a child in need of services petition, the child may be placed, if not already placed, by the department in a secure 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.

(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 ((~~alternative residential placement~~)) petition by the court. Any placement may be reviewed by the court within three ((~~court~~)) judicial days upon the request of the juvenile or the juvenile's parent.

Sec. 17. RCW 13.32A.170 and 1989 c 269 s 3 are each amended to read as follows:

(1) The court shall hold a fact-finding hearing to consider a proper petition and may approve or deny ((~~alternative residential~~)) an out-of-home placement 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. 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 ((~~parent or the~~)) child, has made a reasonable effort to resolve the conflict;

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

(d) 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) 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.

(2) ((The order approving out-of-home placement shall direct the department to submit a disposition plan for a three-month placement of the child that is designed to reunite the family and resolve the family conflict. Such plan shall delineate any conditions or limitations on parental involvement. In making the order, the court shall further direct the department to make recommendations, as to which agency or person should have physical custody of the child, as to which parental powers should be awarded to such agency or person, and as to parental visitation rights. The court may direct the department to consider the cultural heritage of the child in making its recommendations.

(3) The hearing to consider the recommendations of the department for a three-month disposition plan shall be set no later than fourteen days after the approval of the court of a petition to approve alternative residential placement. Each party shall be notified of the time and place of such disposition hearing.

(4) If the court approves or denies a petition for an alternative residential placement, a written statement of the reasons shall be filed. If the court denies a petition requesting that a child be placed in a residence other than the home of his or her parent, the court shall enter an order requiring the child to remain at or return to the home of his or her parent.

(5) If the court denies the petition, the court shall impress upon the party filing the petition of the legislative intent to restrict the proceedings to situations where a family conflict is so great that it cannot be resolved by the provision of in-home services.

(6) A child who fails to comply with a court order directing that the child remain at or return to the home of his or her parent shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ninety calendar days after the day of the order.

(7) The department may request, and the juvenile court may grant, dismissal of an alternative residential 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.~~))

Following the fact-finding hearing the court shall: (a) 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 section 19(2) of this act; (b) approve an at-risk youth petition filed by the parents; (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. 18. RCW 13.32A.175 and 1987 c 435 s 13 are each amended to read as follows:

In any proceeding in which the court approves an ((~~alternative residential~~)) out-of-home placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving ((~~alternative residential~~)) out-of-home placement shall be in compliance with the provisions of RCW 26.23.050.

NEW SECTION. Sec. 19. A new section is added to chapter 13.32A RCW to read as follows:

(1) A 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 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 hearing the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents; (c) approve a voluntary out-of-home placement requested by the parents; (d) order any conditions set forth in RCW 13.32A.196(2); or (e) order the department to file a petition for dependency under chapter 13.34 RCW.

(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 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; (v) the conflict 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.

(4) 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) The parents or the department may request, and the court may grant, dismissal of a 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

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

Sec. 20. RCW 13.32A.177 and 1988 c 275 s 14 are each amended to read as follows:

A determination of ((~~child~~)) support payments ordered under RCW 13.32A.175 shall be based upon ((~~the child support schedule and standards adopted under~~)) chapter 26.19 RCW ((~~26.19.040~~)).

Sec. 21. RCW 13.32A.180 and 1979 c 155 s 32 are each amended to read as follows:

(1) ((At a dispositional hearing held to consider the three-month dispositional plan presented by the department the court shall consider all such recommendations included therein. The court, consistent with the stated goal of resolving the family conflict and reuniting the family, may modify such plan and shall make its dispositional order for)) If the court orders a three-month out-of-home placement for the child((.)), the court ((~~dispositional order~~)) shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes.

(2) No placement made pursuant to this section may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974 ((~~and clarifying interpretations and regulations promulgated thereunder~~)).

Sec. 22. RCW 13.32A.190 and 1989 c 269 s 5 are each amended to read as follows:

(1) Upon making a dispositional order under ((~~RCW 13.32A.180~~)) section 19 of this act, 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 ((~~mediation~~)) 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 ((~~the goal of resolving the conflict and reuniting the family which governed the initial approval~~)) 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 ((~~is authorized to~~)) shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have ((~~displayed concerted~~)) made reasonable efforts to ((~~utilize services and~~)) 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 ((~~that~~)) the child to return to the home of the parent at the expiration of the placement. If ((~~continued~~)) an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring ((~~that~~)) 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 ((~~alternative residential~~)) 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

(5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to section 19(3) of this act.

NEW SECTION. Sec. 23. A new section is added to chapter 13.32A RCW to read as follows:

(1) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

(a) The child is an at-risk youth as defined in this chapter;

(b) The petitioner has the right to legal custody of the child;

(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and

(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.

(2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of an at-risk youth petition 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 the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.

(3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.

Sec. 24. RCW 13.32A.192 and 1990 c 276 s 12 are each amended to read as follows:

(1) When a proper at-risk youth petition is filed by a child's parent under ((~~RCW 13.32A.120 or 13.32A.150~~)) this chapter, the juvenile court shall:

(a) Schedule a fact-finding hearing to be held within three judicial days and 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;

(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 ((~~alternative residential~~)) out-of-home placement requested by the parent or child and approved by the parent. ((~~Upon request by the parent, the court may enter a court order requiring the child to reside in the home of his or her parent or an alternative residential placement 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 crisis residential center ((~~licensed by the department and established pursuant to chapter 74.13 RCW~~)). If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

(4) If both ((~~an alternative residential placement~~)) 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 ((~~for purposes of fact-finding~~)) 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 ((~~an alternative residential~~)) a temporary out-of-home placement ((~~as provided in RCW 13.32A.160 unless the court has previously entered an order requiring the child to reside in the home of his or her parent~~)). 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. ((~~At the review the court, in its discretion, may order the child placed in the parent's home or in an alternative residential placement pending the hearing.~~))

Sec. 25. RCW 13.32A.194 and 1990 c 276 s 13 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 ((~~may~~)) 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((~~. The court shall not enter such an order if the court has approved an alternative residential placement petition regarding the child or if~~)), 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 alternative residential placement approved by the parent~~)) 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. 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. 26. RCW 13.32A.196 and 1991 c 364 s 14 are each amended to read as follows:

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

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

(a) Regular school attendance;

(b) Counseling;

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

(e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.

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

(4) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan. The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

(5) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless a contempt action is pending in the case. The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

((~~(5)~~)) (6) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.

Sec. 27. RCW 13.32A.250 and 1990 c 276 s 16 are each amended to read as follows:

(1) In all ((~~alternative residential placement~~)) 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. 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 ((~~(2)~~)) (3) of this section.

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

(4) A child imprisoned for contempt under this section shall be imprisoned 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.

NEW SECTION. Sec. 28. A new section is added to chapter 13.32A RCW to read as follows:

No superior court may refuse to accept for filing a properly completed and presented child in need of services petition or an at-risk youth petition. To be properly presented, the petitioner shall verify that the family assessment required under RCW 13.32A.150 has been completed. In the event of an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys' fees.

NEW SECTION. Sec. 29. A new section is added to chapter 13.32A RCW to read as follows:

(1) Any person who provides shelter to a child for at least six consecutive hours and who has reasonable cause to believe that the child is absent from his or her home without permission shall, not later than the end of the six-hour period:

(a) Attempt to notify the parent of the child of the location of the child and return the child to the parent unless there has been a placement ordered under this title;

(b) Notify the law enforcement agency of the jurisdiction in which the person lives if (i) the parent cannot be located; (ii) the parent declines to take custody of the child; or (iii) a placement order has been entered under this chapter; or

(2) If a person provides the notices required in this section he or she is immune from liability for any cause of action arising from providing shelter to the child. The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.

Sec. 30. RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

(a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

(b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

(d) To approve or disapprove ((~~alternative residential~~)) out-of-home placement as provided in RCW 13.32A.170;

(e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

(i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

(ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

(iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

(iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

(g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; and

(h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

(3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

Sec. 31. RCW 13.04.040 and 1983 c 191 s 14 are each amended to read as follows:

The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:

(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW ((~~13.34.040, 13.34.180, and~~)) or RCW 13.40.070 ((~~as now or hereafter amended, and RCW 13.32A.150~~));

(2) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;

(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, ((~~as now or hereafter amended,~~)) and ensure that the requirements of such agreements are met except as otherwise provided in this title;

(4) Prepare predisposition studies as required in RCW 13.34.120 and 13.40.130, ((~~as now or hereafter amended,~~)) and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department ((~~of social and health services~~)) for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department ((~~of social and health services~~)) unless otherwise ordered by the court; and

(5) Supervise court orders of disposition to ensure that all requirements of the order are met.

All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.

The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.

The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.

The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders and youth who have entered into diversion agreements pursuant to RCW 13.40.080((~~, as now or hereafter amended~~)).

The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and (13) and for the payment of the fines into the county general fund.

Sec. 32. RCW 13.04.093 and 1991 c 363 s 11 are each amended to read as follows:

It shall be the duty of the prosecuting attorney to act in proceedings relating to the commission of a juvenile offense as provided in RCW 13.40.070 and 13.40.090 and in proceedings as provided in chapter 71.34 RCW. It shall be the duty of the prosecuting attorney to handle delinquency cases under chapter 13.24 RCW and it shall be the duty of the attorney general to handle dependency cases under chapter 13.24 RCW. It shall be the duty of the attorney general in contested cases brought by the department to present the evidence supporting any petition alleging dependency or seeking the termination of a parent and child relationship or any contested case filed under RCW 26.33.100 or approving or disapproving ((~~alternative residential~~)) out-of-home placement: PROVIDED, That in each county with a population of less than two hundred ten thousand, the attorney general may contract with the prosecuting attorney of the county to perform ((~~said~~)) the duties of the attorney general under this section.

NEW SECTION. Sec. 33. The department of social and health services shall develop a plan for the development of an intensive treatment system for children whose behavior puts them at serious risk of harm to themselves or others. In developing this plan, the department shall work with service providers, community leaders, representatives of different cultural communities, businesses, educational institutions, community public health and safety networks, and others to propose a continuum of services, including placement alternatives, for children who might otherwise be on the street.

In developing this plan, the department shall identify existing local and state services and barriers to those services for children. The plan for intensive treatment services, to the extent possible, shall build upon those existing resources.

The plan shall be presented to the legislature and the governor no later than December 1, 1995.

NEW SECTION. Sec. 34. A new section is added to chapter 13.32A RCW to read as follows:

Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision at public expense of services to any person or family where the department has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.

Sec. 35. RCW 70.96A.090 and 1990 c 151 s 5 are each amended to read as follows:

(1) The department shall adopt rules establishing standards for approved treatment programs, the process for the review and inspection program applying to the department for certification as an approved treatment program, and fixing the fees to be charged by the department for the required inspections. The standards may concern the health standards to be met and standards of services and treatment to be afforded patients.

(2) The department may suspend, revoke, limit, restrict, or modify an approval, or refuse to grant approval, for failure to meet the provisions of this chapter, or the standards adopted under this chapter. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

(3) No treatment program may advertise or represent itself as an approved treatment program if approval has not been granted, has been denied, suspended, revoked, or canceled.

(4) Certification as an approved treatment program is effective for one calendar year from the date of issuance of the certificate. The certification shall specify the types of services provided by the approved treatment program that meet the standards adopted under this chapter. Renewal of certification shall be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.

(5) Approved treatment programs shall not provide alcoholism or other drug addiction treatment services for which the approved treatment program has not been certified. Approved treatment programs may provide services for which approval has been sought and is pending, if approval for the services has not been previously revoked or denied.

(6) The department periodically shall inspect approved public and private treatment programs at reasonable times and in a reasonable manner.

(7) The department shall maintain and periodically publish a current list of approved treatment programs.

(8) Each approved treatment program shall file with the department on request, data, statistics, schedules, and information the department reasonably requires. An approved treatment program that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, may be removed from the list of approved treatment programs, and its certification revoked or suspended.

(9) The department shall use the data provided in subsection (8) of this section to evaluate each program in terms of rates of successful treatment of drug or alcohol abuse. The evaluation shall be done at least once every twelve months. In addition, the department shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into treatment based on an objective evaluation of the child's condition and the success of the child's treatment.

(10) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the department authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment program refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.

Sec. 36. RCW 70.96A.095 and 1991 c 364 s 9 are each amended to read as follows:

(1) Any person ((~~fourteen~~)) thirteen 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.

(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.

Sec. 37. RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.

(2) "Children's mental health specialist" means:

(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and

(b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.

(3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.

(4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.

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

(6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.

(7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.

(8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, 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 manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

(9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.

(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.

(11) "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 oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.

(12) "Mental disorder" means any organic, mental, behavioral, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.

(13) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.

(14) "Minor" means any person under the age of eighteen years.

(15) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3).

(16) "Parent" means:

(a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or

(b) A person or agency judicially appointed as legal guardian or custodian of the child.

(17) "Professional person in charge" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.

(18) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.

(19) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.

(20) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.

(21) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.

(22) "Secretary" means the secretary of the department or secretary's designee.

(23) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.

Sec. 38. RCW 71.34.030 and 1985 c 354 s 3 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.

(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 under thirteen years of age may only be admitted on the application of the minor's parent.~~

~~(b)~~)) A minor ((~~thirteen years or older~~)) may be voluntarily admitted by application of the parent. ((~~Such application must be accompanied by the written consent, knowingly and voluntarily given, of the minor.~~)) The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

((~~(c)~~)) (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.

((~~(d)~~)) (c) Written renewal of voluntary consent must be obtained from the applicant ((~~and the minor thirteen years or older~~)) no less than once every twelve months.

((~~(e)~~)) (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.

NEW SECTION. Sec. 39. A new section is added to chapter 71.34 RCW to read as follows:

The department shall randomly select and review the information on children who are admitted to in-patient treatment on application of the child's parent. 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 success of the child's treatment.

Sec. 40. RCW 74.13.031 and 1990 c 146 s 9 are each amended to read as follows:

The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

(2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, ((~~i.e.~~)) including homes for children of ethnic minority, ((~~including~~)) Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the ((~~house and senate committees on social and health services~~)) legislature. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency((~~: PROVIDED, That an~~)). No investigation is ((~~not~~)) required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If ((~~the~~)) an investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the ((~~house and senate committees on social and health services~~)) legislature.

(6) Have authority to accept custody of children from parents and ((~~to accept custody of children from~~)) juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to secure crisis residential centers.

(8) Have authority to purchase care for children((;)) and ((~~shall follow in general the policy of using~~)) use properly approved private agency services for the ((~~actual~~)) care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, day care, licensing of child care agencies, adoption, and related services ((~~related thereto~~)). At least one-third of the membership shall be ((~~composed of~~)) child care providers, and at least one member shall represent the adoption community.

(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

(11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order((~~; and~~)). The purchase of such care ((~~shall be~~)) is subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4)((,)) and (6)((~~, and (7)~~)) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

Sec. 41. RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:

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

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

(3) Secure crisis residential facilities shall be operated as ((~~semi-secure~~)) secure facilities as defined in RCW 13.32A.030. The facilities shall have an average of no more than three adult staff members to every eight children. The staffing ratio shall continue to ensure the safety of the children.

(4) Any center created under this section may be located within, or on the same grounds as, other secure facilities including jails, juvenile detention facilities operated by the state, or units of local government. The operation of a center located within or on the same grounds as another secure facility shall not permit in-person contact between the residents of the center and the persons held in the other secure facility.

NEW SECTION. Sec. 42. A new section is added to chapter 74.13 RCW to read as follows:

No contract may provide reimbursement or compensation to a center for any service delivered or provided to a resident child after five consecutive days of residence.

NEW SECTION. Sec. 43. A new section is added to chapter 74.13 RCW to read as follows:

Crisis residential centers shall be secure facilities, as defined in RCW 13.32A.030, no later than January 1, 1997.

Sec. 44. RCW 74.13.033 and 1992 c 205 s 213 are each amended to read as follows:

(1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises((~~, which procedures are consistent with the federal juvenile justice and delinquency prevention act of 1974 and regulations and clarifying instructions promulgated thereunder~~)). Nothing in this section shall prohibit a center from referring any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW or to a mental health professional pursuant to chapter 71.05 RCW whenever such action is deemed appropriate and consistent with law.

(2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In providing these services, the facility shall:

(a) Interview the juvenile as soon as possible;

(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;

(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible; and

(d) Provide additional crisis counseling as needed, to the end that placement of the child in the secure crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days.

(3) A juvenile taking unauthorized leave from this residence may be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile may be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to secure crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.

Sec. 45. RCW 74.13.034 and 1992 c 205 s 214 are each amended to read as follows:

(1) A child taken into custody and taken to a secure crisis residential center established pursuant to RCW 74.13.032(2) may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another secure crisis residential center ((or)), the nearest regional secure crisis residential center, or a secure facility with which it is colocated under RCW 74.13.032. Placement in both ((~~centers~~)) locations shall not ((~~exceed~~)) be less than three nor more than five consecutive days from the point of intake as provided in RCW 13.32A.130.

(2) A child taken into custody and taken to a secure crisis residential center established by this chapter may be placed physically by the department or the department's designee and, at departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.

(3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department or the department's designee, which shall include the services defined in RCW 74.13.033(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a secure crisis residential center. Placement in the secure crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 13.32A.130.

(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.

(((5) It is the intent of the legislature that by July 1, 1982, crisis residential centers, supplemented by community mental health programs and mental health professionals, will be able to respond appropriately to children admitted to centers under this chapter and will be able to respond to the needs of such children with appropriate treatment, supervision, and structure.))

Sec. 46. RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:

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

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

(2) Who brought the children to the center;

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

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

(5) The ultimate disposition of cases;

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

(7) Length of stay.

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

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

Sec. 47. RCW 74.13.036 and 1989 c 175 s 147 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((~~, by January 1, 1986,~~)) 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 ((~~alternative residential~~)) child in need of services placement process;

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

(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.

((~~The plan and procedures required under this subsection shall be submitted to the appropriate standing committees of the legislature by January 1, 1986.~~))

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) Where appropriate, the department shall request opinions from the attorney general regarding correct construction of these laws.

Sec. 48. RCW 74.15.020 and 1994 c 273 s 21 are each amended to read as follows:

For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

(1) "Department" means the state department of social and health services;

(2) "Secretary" means the secretary of social and health services;

(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

(d) "Day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(e) "Family day-care provider" means a licensed day-care provider who regularly provides day care for not more than twelve children in the provider's home in the family living quarters;

(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

(g) "Secure crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

(4) "Agency" shall not include the following:

(a) Persons related by blood or marriage to the child, expectant mother, or persons with developmental disabilities in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin;

(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home;

(d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors;

(e) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

(f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

(g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(h) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

(i) Licensed physicians or lawyers;

(j) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

(k) Facilities approved and certified under chapter 71A.22 RCW;

(l) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

(m) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(n) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

(o) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

(5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency.

NEW SECTION. Sec. 49. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the violence reduction and drug enforcement account to the department of community, trade, and economic development for the purposes of implementing chapter 7, Laws of 1994 sp. sess. by reimbursing counties one hundred dollars per at-risk youth petition filed within the county to be applied towards expenses incurred by the county. Each county shall submit requests for reimbursement to the department pursuant to guidelines and standards adopted by the department.

Sec. 50. RCW 82.14.300 and 1990 2nd ex.s. c 1 s 1 are each amended to read as follows:

The legislature finds and declares that local government criminal justice systems are in need of assistance. Many counties and cities are unable to provide sufficient funding for additional police protection, mitigation of congested court systems, public safety education, and relief of overcrowded jails.

In order to ensure public safety, it is necessary to provide fiscal assistance to help local governments to respond immediately to these criminal justice problems, while initiating a review of the criminal justice needs of cities and counties and the resources available to address those needs.

To provide for a more efficient and effective response to these problems, the legislature encourages cities and counties to coordinate strategies against crime and use multijurisdictional and innovative approaches in addressing criminal justice problems.

((The legislature intends to provide fiscal assistance to counties and cities in the manner provided in this act until the report of the task force created under RCW 82.14.301 is available for consideration by the legislature.))

Sec. 51. RCW 82.14.320 and 1993 sp.s. c 21 s 2 are each amended to read as follows:

(1) The municipal criminal justice assistance account is created in the state treasury.

(2) No city may receive a distribution under this section from the municipal criminal justice assistance account unless:

(a) The city has a crime rate in excess of one hundred twenty-five percent of the state-wide average as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs;

(b) The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(3) at the maximum rate; and

(c) The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred fifty percent of the state-wide average per capita yield for all cities from such local sales and use tax.

(3) The moneys deposited in the municipal criminal justice assistance account for distribution under this section shall be distributed at such times as distributions are made under RCW 82.44.150. The distributions shall be made as follows:

(a) Unless reduced by this subsection, thirty percent of the moneys shall be distributed ratably based on population as last determined by the office of financial management to those cities eligible under subsection (2) of this section that have a crime rate determined under subsection (2)(a) of this section which is greater than one hundred seventy-five percent of the state-wide average crime rate. No city may receive more than fifty percent of any moneys distributed under this subsection (a) but, if a city distribution is reduced as a result of exceeding the fifty percent limitation, the amount not distributed shall be distributed under (b) of this subsection.

(b) The remainder of the moneys, including any moneys not distributed in subsection (2)(a) of this section, shall be distributed to all cities eligible under subsection (2) of this section ratably based on population as last determined by the office of financial management.

(4) No city may receive more than thirty percent of all moneys distributed under subsection (3) of this section.

(5) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located.

(6) Moneys distributed under this section shall be expended exclusively for criminal justice purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020, and publications and public educational efforts designed to provide information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.

NEW SECTION. Sec. 52. A new section is added to chapter 28A.175 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Dropout" means a student enrolled in a school district who leaves school, during a regular school term or between school terms, for any reason other than death or a lawfully imposed expulsion prior to graduation or completion of a program of studies, without transferring to another school.

(2) "Dropout rate" means the total number of dropouts as a percentage of the total number of students enrolled in the school district.

(3) "State average dropout rate" means the total number of dropouts reported in the state as a percentage of the total number of students enrolled in the school districts that submit annual reports to the superintendent of public instruction.

Sec. 53. RCW 28A.175.010 and 1991 c 235 s 4 are each amended to read as follows:

Each school district shall account for the educational progress of each of its students. To achieve this, school districts by July 31 shall be required to report annually to the superintendent of public instruction:

(1) For students enrolled in each of a school district's high school programs:

(a) The number of students eligible for graduation in fewer than four years;

(b) The number of students who graduate in four years;

(c) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate;

(d) The number of students who transfer to other schools;

(e) The number of students who enter from other schools;

(f) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and

(g) The number of students whose status is unknown.

(2) Dropout rates of students in each of the grades nine through twelve and the dropout rate for all students in grades nine through twelve.

(3) Dropout rates for student populations in each of the grades nine through twelve by:

(a) Ethnicity;

(b) Gender;

(d) Disability status.

(4) The causes or reasons, or both, attributed to students for having dropped out of school in grades nine through twelve.

(5) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsections (1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported.

(6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment.

(7) The superintendent of public instruction shall report annually to the legislature the information collected under ((~~subsections (1) through (4) of~~)) this section.

Sec. 54. RCW 28A.225.010 and 1990 c 33 s 219 are each amended to read as follows:

(1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides ((~~and such~~)). The child shall have the responsibility to and ((~~therefore~~)) shall attend for the full time when such school may be in session unless:

(a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);

(b) The child is receiving home-based instruction as provided in subsection ((~~(4)~~)) (7) of this section; or

(c) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220;

(d) The child is fifteen years of age or older and:

(i) The school district superintendent determines that such child has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of this state;

(ii) The child is regularly and lawfully engaged in a useful or remunerative occupation;

(iii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or

(iv) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190.

(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

(3) "Truant" for the purposes of this chapter means a student who is absent from school, except as provided under subsection (1) of this section.

(4) "Average daily truancy rate" for the purposes of this chapter means the average daily number of truancies as a percentage of the total number of students enrolled in the school district.

(5) "State average daily truancy rate" means the average daily number of truancies reported in the state as a percentage of the total number of students enrolled in the school districts that submit annual reports under RCW 28A.225.070.

(6) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130.

((~~(4)~~)) (7) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:

(a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

(b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

(c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

((~~(5)~~)) (8) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection ((~~(4)~~)) (7) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.

Sec. 55. RCW 28A.225.020 and 1992 c 205 s 202 are each amended to read as follows:

If a juvenile required to attend school under the laws of the state of Washington fails to attend school without valid justification, the juvenile's school shall:

(1) Inform the juvenile's custodial parent, parents or guardian by a notice in writing or by telephone that the juvenile has failed to attend school without valid justification after one unexcused absence within any month during the current school year;

(2) Schedule a conference or conferences with the custodial parent, parents or guardian and juvenile at a time and place reasonably convenient for all persons included for the purpose of analyzing the causes of the juvenile's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and

(3) Take steps to eliminate or reduce the juvenile's absences. These steps shall include, where appropriate, adjusting the juvenile's school program or school or course assignment, providing more individualized or remedial instruction, preparing the juvenile for employment with specific vocational courses or work experience, or ((~~both~~)) refer the juvenile to a community truancy board, and assisting the parent or student to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school.

Sec. 56. RCW 28A.225.030 and 1992 c 205 s 203 are each amended to read as follows:

If action taken by a school pursuant to RCW 28A.225.020 is not successful in substantially reducing a student's absences from school, any of the following actions may be taken after five or more unexcused absences during the current school year: (1) The attendance officer of the school district or the community truancy board through its attorney may petition the ((~~juvenile~~)) court to assume jurisdiction under RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the purpose of alleging a violation of RCW 28A.225.010 by the parent; or (2) a petition alleging a violation of RCW 28A.225.010 by a child may be filed with the ((~~juvenile~~)) court by the parent of such child or by the attendance officer of the school district or the community truancy board through its attorney at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where otherwise stated, shall apply.

NEW SECTION. Sec. 57. A new section is added to chapter 28A.225 RCW to read as follows:

For purposes of this chapter, "community truancy board" means a board comprised of members of the local community in which the juvenile attends school. The local school district shall direct the formation of the board, and if possible include a variety of representatives from the community. The community truancy board shall set conditions designed to improve school attendance and monitor subsequent school attendance.

Sec. 58. RCW 28A.225.050 and 1990 c 33 s 222 are each amended to read as follows:

To aid in the enforcement of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150, attendance officers shall be appointed and employed as follows: In incorporated city districts the board of directors shall annually appoint one or more attendance officers. In all other districts the educational service district superintendent shall appoint one or more attendance officers or may act as such himself or herself.

The compensation of attendance officer in city districts shall be fixed and paid by the board appointing him or her. The compensation of attendance officers when appointed by the educational service district superintendents shall be paid by the respective districts. An educational service district superintendent shall receive no extra compensation if acting as attendance officer.

Any sheriff, constable, city marshal or regularly appointed police officer may be appointed attendance officer.

The attendance officer shall be vested with police powers, the authority to make arrests and serve all legal processes contemplated by RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150, and shall have authority to enter all places in which children may be employed, for the purpose of making such investigations as may be necessary for the enforcement of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150. The attendance officer is authorized to take into custody ((~~the person of~~)) any child eight years of age and not over fourteen years of age, who may be a truant from school((~~, and to conduct such~~)). The officer shall take the child to his or her parents, for investigation and explanation, or to the school which he or she should properly attend. The attendance officer shall institute proceedings against any officer, parent, guardian, person, company or corporation violating any provisions of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150, and shall otherwise discharge the duties prescribed in RCW 28A.225.010 through ((~~28A.225.140, and~~)) 28A.225.150. The officer shall perform ((~~such~~)) other services as the educational service district superintendent or the superintendent of any school or its board of directors may deem necessary. ((~~However,~~)) The attendance officer shall ((~~not~~)) institute proceedings against the child as provided under RCW 28A.225.030 ((~~except as set forth under RCW 28A.225.030~~)).

The attendance officer shall keep a record of his or her transactions for the inspection and information of any school district board of directors, the educational service district superintendent or the city superintendent, and shall make a detailed report to the city superintendent or the educational service district superintendent as often as the same may be required.

Sec. 59. RCW 28A.225.060 and 1990 c 33 s 223 are each amended to read as follows:

Any attendance officer, sheriff, deputy sheriff, marshal, police officer, or any other officer authorized to make arrests, shall take into custody without a warrant a child who is required under the provisions of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 to attend school, such child then being a truant from ((~~instruction at the~~)) school which he or she is lawfully required to attend, and shall forthwith deliver a child so detained either (1) to the custody of a person in parental relation to the child or (2) to the school from which the child is ((~~then a~~)) truant.

Sec. 60. RCW 28A.225.070 and 1990 c 33 s 224 are each amended to read as follows:

The educational service district superintendent, on or before the fifteenth day of ((~~August~~)) June of each year, ((~~by printed circular or otherwise, shall call the attention of~~)) shall notify all school district officials ((to)) of the provisions of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150, and ((to)) the penalties ((~~prescribed~~)) for ((~~the~~)) violation ((~~of its provisions~~)), and ((~~he or she~~)) shall require those officials ((~~of the school district which he or she shall designate~~)) to make a report annually ((~~hereafter~~)), verified by affidavit, stating whether ((~~or not~~)) the provisions of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 have been ((~~faithfully~~)) complied with ((~~in his or her district~~)). ((~~Such~~)) The reports shall be made July 31 upon forms to be furnished by the superintendent of public instruction and ((~~shall be~~)) immediately transmitted to the educational service district superintendent ((~~at such time as the educational service district superintendent shall determine, after notice thereof~~)). The report shall include the average daily truancy rate of the school district for the school year. Any school district official who shall knowingly ((~~or willfully~~)) make a false report relating to the enforcement of the provisions of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 or fail to report as herein provided ((~~shall be deemed~~)) is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction shall be fined ((~~not less than twenty-five dollars nor more than one hundred dollars; and~~)). Any school district official who shall refuse or neglect to make the report required in this section or who shall knowingly or willfully make a false report, shall be personally liable to his or her district for any loss which it may sustain because of such false report or neglect or refusal to report.

The educational service district superintendent shall submit an annual report to the superintendent of public instruction, including the average daily truancy rate for each school district reporting to the superintendent. From the reports submitted, the superintendent of public instruction shall compile the state average daily truancy rate. The superintendent of public instruction shall report annually to the legislature the information collected under this section.

Sec. 61. RCW 28A.225.090 and 1992 c 205 s 204 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 order the child be punished by detention or may 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 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 juvenile's school did not perform its duties as required in RCW 28A.225.020. 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 juvenile in a supervised plan for the juvenile'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.

Attendance officers shall make complaint for violation of the provisions of RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 to a judge of the superior or district court.

Sec. 62. RCW 28A.225.100 and 1990 c 33 s 227 are each amended to read as follows:

Any school district superintendent, educational service district superintendent, teacher, or attendance officer who ((~~shall~~)) fails or refuses to perform the duties prescribed by RCW 28A.225.010 through ((~~28A.225.140 shall be deemed~~)) 28A.225.150 is guilty of a misdemeanor and, upon conviction ((~~thereof, be fined not less than twenty nor more than one hundred dollars: PROVIDED, That~~)) in a court of competent jurisdiction shall be fined. In case of a school district employee, ((~~such~~)) the fine shall be paid to the ((~~appropriate~~)) county treasurer ((~~and by the county treasurer placed~~)) who shall deposit the fine to the credit of the school district in which ((~~said~~)) the employee is employed((~~, and~~)). In case of all other officers ((~~such~~)) the fine shall be paid to the county treasurer of the county in which the educational service district headquarters is located ((~~and by the county~~)). The treasurer ((~~placed~~)) shall deposit the fine to the credit of the general school fund of the educational service district((~~: PROVIDED, That~~)). All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of ((~~a state law~~)) this title shall be remitted as provided in chapter 3.62 RCW ((~~as now exists or is later amended~~)).

Sec. 63. RCW 28A.225.110 and 1990 c 33 s 228 are each amended to read as follows:

Notwithstanding the provisions of RCW 10.82.070, all fines except as otherwise provided in RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 shall inure and be applied to the support of the public schools in the school district where such offense was committed((: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended)).

Sec. 64. RCW 28A.225.120 and 1990 c 33 s 229 are each amended to read as follows:

The county prosecuting attorney or the attorney for the school district shall act as attorney for the complainant in all court proceedings relating to the compulsory attendance of children as required by RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 except for ((~~those~~)) petitions filed against a child by the parent without the assistance of the school district.

Sec. 65. RCW 28A.225.130 and 1990 c 33 s 230 are each amended to read as follows:

In cases arising under RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150, all district courts, municipal courts or departments, and superior courts in the state of Washington shall have concurrent jurisdiction.

Sec. 66. RCW 28A.225.140 and 1990 c 33 s 231 are each amended to read as follows:

No attendance officer performing any duty under ((~~any of the provisions of~~)) RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150, or ((~~under the provisions of any~~)) rules ((~~that may be passed in pursuance hereof, shall in any wise become~~)) adopted thereunder may be liable for any costs that may accrue in the performance of ((~~any~~)) the duty ((~~prescribed by RCW 28A.225.010 through 28A.225.140~~)).

Sec. 67. RCW 28A.225.150 and 1992 c 205 s 205 are each amended to read as follows:

The school district attendance officer shall report ((~~biannually~~)) annually to the educational service district superintendent, in the instance of petitions filed alleging a violation by a child under RCW 28A.225.030:

(1) The number of petitions filed by a school district or by a parent;

(2) The frequency of each action taken under RCW 28A.225.020 prior to the filing of such petition;

(3) When deemed appropriate under RCW 28A.225.020, the frequency of delivery of supplemental services under RCW 28A.225.020; and

(4) Disposition of cases filed with the ((~~juvenile~~)) court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090.

The educational service district superintendent shall compile such information and report annually to the superintendent of public instruction. The superintendent of public instruction shall compile such information and report to the ((~~committees of the house of representatives and the senate~~)) legislature by September 1 of each year.

NEW SECTION. Sec. 68. A new section is added to chapter 28A.600 RCW to read as follows:

School district boards of directors shall review school district policies regarding access and egress by students from secondary school grounds during school hours. Each school district board of directors shall adopt a policy specifying any restrictions on students leaving secondary school grounds during school hours.

NEW SECTION. Sec. 69. Section 68 of this act shall take effect September 1, 1996.

NEW SECTION. Sec. 70. A new section is added to chapter 28A.150 RCW to read as follows:

(1) No later than October 15 of each school year, the superintendent of public instruction shall provide to every school district notice to take corrective action if the school district, in the preceding school year, is determined to have a high dropout and truancy rate as follows: (a) The state average dropout rate as defined under section 52 of this act shall be added to the state average daily truancy rate as defined under RCW 28A.225.010; (b) the school district's dropout rate shall be added to the school district's average daily truancy rate; and (c) if the figure in (b) of this subsection exceeds the figure in (a) of this subsection, the school district shall be required to take corrective action.

(2) Any school district that has not reported a dropout rate under RCW 28A.175.010 shall be presumed to have a dropout rate ten percent greater than the state average dropout rate. Any school district that has not reported an average daily truancy rate under RCW 28A.225.070 shall be presumed to have an average daily truancy rate ten percent greater than the state average daily truancy rate.

(3) A school district receiving notice to take corrective action under subsection (1) of this section shall reduce the district's dropout and truancy rates.

(4) By October 15 of each year, the superintendent of public instruction shall complete an evaluation of each school district required to take corrective action. If the school district has failed to reduce its combined dropout and truancy rate, the superintendent of public instruction shall withhold no less than one percent and no more than five percent of the nonbasic education funds and operating expense funds allocated to the school district for the current school year. In determining the amount of funds to be withheld the superintendent shall consider whether the school district has implemented and made effective use of truancy boards, truancy petitions, and programs that promote parental and community involvement in reducing dropouts and truancy. A school district shall be determined to have failed to reduce its combined dropout and truancy rate as follows: (a) The school district's dropout rate and average daily truancy rate for the previous school year shall be totaled; (b) the school district's dropout rate and average daily truancy rate for the school year immediately preceding the previous school year shall be totaled; and (c) if the figure in (b) of this subsection exceeds the figure in (a) of this subsection, the school district shall have failed to reduce its combined dropout and truancy rate.

(5) In any school year in which a school district required to take corrective action under this section fails to reduce its combined dropout and truancy rate for three consecutive years, or after three years has failed to reduce its combined dropout and truancy rate below the rate for which it received initial notice to take corrective action, the superintendent of public instruction shall withhold five percent of the nonbasic education funds and operating expense funds allocated to the school district for the current school year.

(6) If the superintendent of public instruction determines, during an evaluation of a school district required to take corrective action, that the school district had attained, in the previous school year, a combined dropout and truancy rate below the combined state dropout and truancy rate, he or she shall provide notice to the school district that the district is no longer required to take corrective action.

(7) Any nonreimbursed funds withheld under this section shall be distributed to community networks under chapter 70.190 RCW in which the school district is located.

NEW SECTION. Sec. 71. Section 70 of this act shall take effect January 1, 1996.

NEW SECTION. Sec. 72. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void.