BP BHEAD INT 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.060, 13.32A.130, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.177, 13.32A.180, 13.32A.190, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.250, 70.96A.095, 74.13.032, 71.34.030, 74.13.034, 82.14.300, 82.14.320, 28A.175.010, 28A.225.010, 28A.225.050, 28A.225.060, 28A.225.070, 28A.225.090, 28A.225.100, 28A.225.110, 28A.225.120, 28A.225.130, and 28A.225.140; adding new sections to chapter 13.32A RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.150 RCW; and making an appropriation.

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.

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) "Alternative residential placement" means an out-of-home placement;

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

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

((~~(3)~~)) (4) "Optional at-risk youth placement" or "optional placement" means an out-of-home placement requested by a parent during the pendency of an at-risk youth petition;

(5) "Parent" means the legal custodian(s) or guardian(s) of a child;

((~~(4)~~)) (6) "Secure facility" means a facility with doors, windows, or secured perimeter that operates to prevent a child from leaving without permission of the facility staff.

(7) "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)~~)) (8) "Temporary alternative residential placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a petition for an alternative residential placement;

(9) "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.

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

Pursuant to rules established by the department, a semi-secure 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 administrator may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee. The resident shall be required to notify the staff of any intent to leave, his or her intended destination, and the time of his or her return. The administrator of a secure or semi-secure facility shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves.

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

Whenever an alternative residential placement 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 be made in person.

No hearing on the petition shall occur until service has been made, unless the address of the parent or parents cannot be determined.

Sec. 5. 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; or

(b) Take the child to ((~~the home of an adult extended family member,~~)) a designated 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 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 enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, 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. 6. RCW 13.32A.130 and 1994 sp.s. c 7 s 508 are each amended to read as follows:

A child admitted to a 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 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 under the rules established for 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. Crisis residential center staff shall make a concerted effort to 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) the availability of counseling services; (2) the right to file a petition for an alternative residential 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; and (3) the right to request a review of any alternative residential placement.

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 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.

Sec. 7. 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 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.

(2) A child or a child's parent may file with the juvenile court a petition to approve an alternative residential 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 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 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. 8. RCW 13.32A.160 and 1990 c 276 s 11 are each amended to read as follows:

(1) When a proper petition to approve an alternative residential 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 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 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 petition, the child may be placed, if not already placed, by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department.

(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. 9. 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 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.)) Following the fact-finding hearing the court shall: (a) Enter a temporary alternative residential placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under subsection (4) of this section; (b) approve an at-risk youth petition filed by the parents; (c) dismiss the petition; or (d) order the department to file a dependency petition under chapter 13.34 RCW.

(3) ((~~The~~)) A 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~~)) temporary alternative residential placement. ((~~Each party~~)) The parents, child, and department shall be notified of the time and place of ((~~such disposition~~)) the hearing.

(4) 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 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.)) 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; or (d) order the department to file a petition for dependency under chapter 13.34 RCW.

(5) At the conclusion of the hearing, if the court has not taken action under subsection (4) of this section it may, at the request of the child, 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) The order is in the best interest of the family; (b) the parents have not requested an out-of-home placement; (c) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (d) the child has made reasonable efforts to resolve the conflict; (e) the conflict that exists cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (f) 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 (g) a suitable out-of-home placement resource is available.

(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~~)) issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ((~~ninety calendar days~~)) one year after the ((~~day~~)) entry of the order.

(7) The parents or 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

(8) The court shall dismiss a placement made under subsection (4)(c) of this section upon the request of the parents.

Sec. 10. RCW 13.32A.177 and 1988 c 275 s 14 are each amended to read as follows:

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

Sec. 11. 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. 12. 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~~)) 13.32A.170(4), 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 return to the home of the parent at the expiration of the placement. If continued out-of-home placement is disapproved, the court shall enter an order requiring that the child 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 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.

Sec. 13. 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 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~~)) optional at-risk youth placement requested 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 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 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 an optional placement, if not already placed((,)) in an alternative residential 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. 14. 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~~)) at the request of a parent, in an optional placement.

(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. 15. 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.

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

(1) In all alternative residential placement 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. 17. A new section is added to chapter 13.32A RCW to read as follows:

No superior court may refuse to accept a properly completed and presented alternative residential placement petition or an at-risk youth petition. In the event of an improper refusal that is appealed and reversed by a court of competent jurisdiction, the petitioner shall be awarded actual damages, costs, and attorneys' fees.

Sec. 18. 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 as if it were submitted voluntarily by the child. 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. 19. 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 than eight regional 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 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) 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.

Sec. 20. 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.

(c) 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) 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) 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.

Sec. 21. 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 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 crisis residential center ((or)), the nearest regional 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 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 crisis residential center. Placement in the 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.

NEW SECTION. Sec. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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) Any school district that fails to report under this section shall be presumed to have a dropout rate ten percent greater than the state average dropout rate.

(8) The superintendent of public instruction shall report annually to the legislature the information collected under subsections (1) through (4) of this section, including the state average dropout rate.

Sec. 27. 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 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. 28. 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 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~~)) 28A.225.150, and 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 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. 29. 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. 30. 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 all school district officials to 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 reports shall be made July 31 upon forms to be furnished by the superintendent of public instruction and shall be 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 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.

Any school district that fails to report under this section shall be presumed to have an average daily truancy rate ten percent greater than the state average daily truancy rate. 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.

Sec. 31. 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. 32. RCW 28A.225.100 and 1990 c 33 s 227 are each amended to read as follows:

Any school district superintendent, teacher or attendance officer who shall fail or refuse to perform the duties prescribed by RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150 shall be deemed guilty of a misdemeanor and, upon conviction ((~~thereof, be fined not less than twenty nor more than one hundred dollars~~)) in a court of competent jurisdiction shall be fined: PROVIDED, That in case of a school district employee, such fine shall be paid to the appropriate county treasurer and by the county treasurer placed to the credit of the school district in which ((~~said~~)) the employee is employed, and in case of all other officers such fine shall be paid to the county treasurer of the county in which the educational service district headquarters is located and by the county treasurer placed 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 shall be remitted as provided in chapter 3.62 RCW ((~~as now exists or is later amended~~)).

Sec. 33. 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. 34. 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. 35. 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. 36. 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 liable for any costs that may accrue in the performance of any duty prescribed by RCW 28A.225.010 through ((~~28A.225.140~~)) 28A.225.150.

NEW SECTION. Sec. 37. A new section is added to chapter 28A.150 RCW to read as follows:

(1) Beginning in 1996, 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 25 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 be required to demonstrate satisfactory progress in reducing the district's dropout and truancy rates. Satisfactory progress shall include the creation and utilization of truancy boards, the effective use of truancy petitions under chapter 28A.225 RCW, and the utilization of programs to promote parent and community involvement in reducing dropouts and truancy.

(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. 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.