BP BHEAD INT S

AN ACT Relating to youth in crisis; amending RCW 13.32A.010, 13.32A.020, 13.32A.030, 13.32A.040, 13.32A.050, 13.32A.130, 13.32A.175, 13.32A.194, 70.96A.140, 70.96A.095, 71.34.050, 71.34.070, 71.34.030, 13.32A.090, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.180, 13.32A.190, 13.32A.192, 13.32A.196, 13.50.010, and 28A.225.100; adding new sections to chapter 13.32A RCW; creating new sections; repealing RCW 13.32A.100 and 13.32A.120; and prescribing penalties.

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, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience. 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. 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 that the public is concerned about the growing problem with runaways. The legislature further recognizes that children have run away from home, have substance abuse, or have serious acting out behaviors and their parents have sought help. The legislature recognizes that families with children who are endangering themselves and others by their behavior also need services.

The legislature finds that 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 finds that the juvenile justice reform enacted in 1977 does not adequately protect youth and families and that chronic runaways with substantial problems are left without adequate protection or legal recourse.

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 assist parents and protect their children. The legislature intends, in chapter . . ., Laws of 1995 (this act), to give tools to law enforcement, courts, and parents to keep families together and reunite them whenever possible. It is also the intent of the legislature to provide additional resources to local communities and law enforcement to assist them in picking up and dealing with runaways. It is further the intent of the legislature to assist local communities in this task by providing immediate placement resources for those children defined under chapter . . ., Laws of 1995 (this act) who are at greatest risk.

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 chapter . . ., Laws of 1995 (this act).

The legislature recognizes that many of these children have treatment needs that are either unmet by the current system or are dealt with inappropriately in the dependency system. It is the legislature's intent to create an intensive treatment system for children whose behaviors put them at serious risk of harm. The legislature recognizes that the success of any treatment program depends upon the involvement of the parents, unless the parents choose not to be involved. In those cases, the legislature intends a reconfiguration of resources for children who can no longer live at home.

The legislature further recognizes that the existing court process is not sufficient to address the intensive treatment needs of these troubled youth. It is the legislature's intent to require the department and the counties to devise an intensive treatment system drawing upon existing state and community resources and to revise the current court process to assist families in accessing treatment for their children. The legislature intends that treatment services be offered on a voluntary basis to affected children and that the courts be used as a last resort to access services and only when a parent is uninvolved or reasonably unavailable.

Sec. 2. RCW 13.32A.020 and 1990 c 276 s 2 are each amended to read as follows:

This chapter shall be known and may be cited as the ((~~family reconciliation~~)) at-risk youth and children in need of services act.

Sec. 3. 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) "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) "Parent" means ((~~the legal custodian(s) or guardian(s) of a child~~)) parent as defined in RCW 13.04.011;

(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) "Perimeter secure facility" means a regional crisis residential center that is a capable of having a portion of its premises or its entire perimeter physically secured. No child shall be placed in a perimeter secure facility except as provided in RCW 13.32A.130.

(6) "At-risk youth" means ((~~an individual under the chronological age of eighteen years~~)) a juvenile 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~~)) Has repeatedly been in circumstances that constitute a danger to the juvenile's safety or that has repeatedly violated a local curfew ordinance.

(7) "Child in need of services" means a juvenile who:

(a) 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

(b) Has been absent from the home of his or her parent or guardian or custodian or from a crisis residential center on two separate occasions without the consent of the parent or guardian or custodian; 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; and

(c) Has been offered appropriate voluntary services pursuant to this chapter through the multidisciplinary team and those services have been unsuccessful in rectifying the conditions which have led to the family conflict.

(8) "Multidisciplinary team" means those persons involved in helping a child who meets the definition of an at-risk youth or a child in need of services. This group shall include the parent, guardian or custodian, a department case worker, a representative of the counties, and a member from the following disciplines: Mental health and substance abuse. This group may include, but is not limited to the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, a member of the child's cultural community, therapists, medical personnel, social service providers, placement providers, and extended family members. Team members shall be volunteers who do not receive compensation for team activities unless an individual team member's employer chooses to provide such compensation.

(9) "Custodian" means custodian as defined in RCW 13.04.011(5).

(10) "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.

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 suspected of being a child in need of services may request family reconciliation services from the department. The department shall involve the local multidisciplinary teams in determining the services to be provided and in providing those services. 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:

A law enforcement officer shall take a child into custody:

(1) 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) 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) 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) 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.

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.~~))

If a law enforcement officer takes a child into custody pursuant to either subsection (1) or (2) of this section and transports the child to a 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.

(5) If the police who initially take the juvenile into custody or the staff of the crisis residential center to which the child is brought by law enforcement officials determines the reason the juvenile is absent from home is because he or she is abused or neglected, a report shall be made immediately to the department.

(6) 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)~~)) (7) 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.

Sec. 6. 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 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)~~)), guardian, or custodian, or to an alternative placement agreed to by the child and the child's parent, guardian, or custodian shall reside in the placement under the rules established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter. The five-day limit shall apply whether the juvenile is admitted to a perimeter secure or semi-secure crisis residential center.

(2) A child shall not be admitted to or placed in a perimeter secure facility unless the facility administrator or his or her designee determines that there is reasonable cause to believe that a child is a child in need of services as defined in RCW 13.32A.030(7). (3) 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, using family reconciliation services, 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)) facility administrator or his or her designee shall immediately convene the multidisciplinary team.

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.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~~)) placement pursuant to a children in need of services petition, the court shall inquire into the ability of parents to contribute to the child's support, including treatment services. 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~~)) a placement pursuant to a children in need of services petition shall be in compliance with the provisions of RCW 26.23.050.

Sec. 8. 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 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 the child is the subject of a proceeding under chapter 13.34 RCW or is the subject of a pending child in need of services proceeding. 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~~)).

(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.

NEW SECTION. Sec. 9. A new section is added to chapter 13.32A RCW to read as follows:

(1) Each county shall have the authority to assemble a multidisciplinary team. To the extent possible, the multidisciplinary team shall draw upon existing community resources. Each county shall work closely with its community public health and safety networks in establishing the multidisciplinary team. If there is more than one community public health and safety network in a county, the county shall work with all of its networks in assembling the team.

(2) The multidisciplinary team shall make every reasonable effort to protect the child and achieve a reconciliation of the family whenever possible. If a crisis residential center administrator or his or her designee makes a referral, the team must respond as soon as possible but no later than twelve hours after the referral is made. The team shall have the authority to assess the juvenile, and family members, if appropriate and agreed to, 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 family's consent, work with them on a longer-term basis to achieve reconciliation of the child and family, whenever possible.

(3) To the maximum extent possible, the members of the multidisciplinary team shall include members who are representative of the cultures in the family's community.

NEW SECTION. Sec. 10. A new section is added to chapter 13.32A RCW to read as follows:

(1) The purpose of the multidisciplinary team is to coordinate and communicate about services offered to the child and family.

(2) At the first meeting of the multidisciplinary team, it shall choose a member to act as case manager for the family. The parent member of the multidisciplinary team must agree with the choice of case manager. Thereafter, the team shall meet periodically.

NEW SECTION. Sec. 11. A new section is added to chapter 13.32A RCW to read as follows:

A petition alleging that a juvenile is a child in need of services may be filed by a parent, the juvenile, the juvenile's guardian, the juvenile's custodian, or the case manager of the multidisciplinary team. The case manager of the multidisciplinary team cannot file a petition unless the majority of team members, including the parent member, agree that the petition is necessary. The petition shall be filed in the county in which the parent or guardian or custodian resides.

NEW SECTION. Sec. 12. 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 families, local service providers, community leaders, representatives of different cultural communities, businesses, educational institutions, local public health and safety networks, and others to develop, within available funds, 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.

Sec. 13. RCW 70.96A.140 and 1993 c 362 s 1 are each amended to read as follows:

(1) When a designated chemical dependency specialist receives information alleging that a person is incapacitated as a result of chemical dependency, the designated chemical dependency specialist, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court or district court. If a petition for commitment is not filed in the case of a minor, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the designated chemical dependency specialist in superior or district court for the county in which the parent or guardian or custodian resides. If the court finds reasonable grounds to believe that a petition for commitment could be successfully pursued under this chapter, the court shall order the specialist to file such petition. If the designated chemical dependency specialist finds that the initial needs of such person would be better served by placement within the mental health system, the person shall be referred to an evaluation and treatment facility as defined in RCW 71.05.020 or 71.34.020. If placement in a chemical dependency program is available and deemed appropriate, the petition shall allege that: The person is chemically dependent and is incapacitated by alcohol or drug addiction, or that the person has twice before in the preceding twelve months been admitted for detoxification or chemical dependency treatment pursuant to RCW 70.96A.110, and is in need of a more sustained treatment program, or that the person is chemically dependent and has threatened, attempted, or inflicted physical harm on another and is likely to inflict physical harm on another unless committed. A refusal to undergo treatment, by itself, does not constitute evidence of lack of judgment as to the need for treatment. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within five days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the licensed physician's findings in support of the allegations of the petition. A physician employed by the petitioning program or the department is eligible to be the certifying physician.

(2) Upon filing the petition, the court shall fix a date for a hearing no less than two and no more than seven days after the date the petition was filed unless the person petitioned against is presently being detained in a program, pursuant to RCW 70.96A.120, 71.05.210, or 71.34.050, as now or hereafter amended, in which case the hearing shall be held within seventy-two hours of the filing of the petition: PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed by excluding Saturdays, Sundays, and holidays: PROVIDED FURTHER, That, the court may, upon motion of the person whose commitment is sought, or upon motion of petitioner with written permission of the person whose commitment is sought, or his or her counsel and, upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by the designated chemical dependency specialist on the person whose commitment is sought, his or her next of kin, a parent or his or her legal guardian if he or she is a minor, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.

(3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony, which may be telephonic, of at least one licensed physician who has examined the person whose commitment is sought. Communications otherwise deemed privileged under the laws of this state are deemed to be waived in proceedings under this chapter when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the detained person or the public. The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person, or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.

The record maker shall not be required to testify in order to introduce medical, nursing, or psychological records of detained persons so long as the requirements of RCW 5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is chemically dependent shall be deleted from the records unless the person offering the opinions is available for cross-examination. The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court may deem it appropriate to appoint a guardian ad litem to represent him or her throughout the proceeding. If deemed advisable, the court may examine the person out of courtroom. If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court appointed licensed physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the department for a period of not more than five days for purposes of a diagnostic examination.

(4) If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing proof, it shall make an order of commitment to an approved treatment program. It shall not order commitment of a person unless it determines that an approved treatment program is available and able to provide adequate and appropriate treatment for him or her.

(5) A person committed under this section shall remain in the program for treatment for a period of sixty days unless sooner discharged. At the end of the sixty-day period, he or she shall be discharged automatically unless the program, before expiration of the period, files a petition for his or her recommitment upon the grounds set forth in subsection (1) of this section for a further period of ninety days unless sooner discharged. If a person has been committed because he or she is chemically dependent and likely to inflict physical harm on another, the program shall apply for recommitment if after examination it is determined that the likelihood still exists.

(6) Upon the filing of a petition for recommitment under subsection (5) of this section, the court shall fix a date for hearing no less than two and no more than seven days after the date the petition was filed: PROVIDED, That, the court may, upon motion of the person whose commitment is sought and upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by the treatment program on the person whose commitment is sought, his or her next of kin, the original petitioner under subsection (1) of this section if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and his or her attorney and any other person the court believes advisable. At the hearing the court shall proceed as provided in subsection (3) of this section.

(7) The approved treatment program shall provide for adequate and appropriate treatment of a person committed to its custody. A person committed under this section may be transferred from one approved public treatment program to another if transfer is medically advisable.

(8) A person committed to the custody of a program for treatment shall be discharged at any time before the end of the period for which he or she has been committed and he or she shall be discharged by order of the court if either of the following conditions are met:

(a) In case of a chemically dependent person committed on the grounds of likelihood of infliction of physical harm upon himself, herself, or another, the likelihood no longer exists; or further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.

(b) In case of a chemically dependent person committed on the grounds of the need of treatment and incapacity, that the incapacity no longer exists.

(9) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person shall, if he or she is financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

(10) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus in a court of competent jurisdiction.

(11) The venue for proceedings under this section is the county in which person to be committed resides or is present.

(12) When in the opinion of the professional person in charge of the program providing involuntary treatment under this chapter, the committed patient can be appropriately served by less restrictive treatment before expiration of the period of commitment, then the less restrictive care may be required as a condition for early release for a period which, when added to the initial treatment period, does not exceed the period of commitment. If the program designated to provide the less restrictive treatment is other than the program providing the initial involuntary treatment, the program so designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given to the patient, the designated chemical dependency specialist of original commitment, and the court of original commitment. The program designated to provide less restrictive care may modify the conditions for continued release when the modifications are in the best interests of the patient. If the program providing less restrictive care and the designated chemical dependency specialist determine that a conditionally released patient is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration in the patient's functioning has occurred, then the designated chemical dependency specialist shall notify the court of original commitment and request a hearing to be held no less than two and no more than seven days after the date of the request to determine whether or not the person should be returned to more restrictive care. The designated chemical dependency specialist shall file a petition with the court stating the facts substantiating the need for the hearing along with the treatment recommendations. The patient shall have the same rights with respect to notice, hearing, and counsel as for the original involuntary treatment proceedings. The issues to be determined at the hearing are whether the conditionally released patient did or did not adhere to the terms and conditions of his or her release to less restrictive care or that substantial deterioration of the patient's functioning has occurred and whether the conditions of release should be modified or the person should be returned to a more restrictive program. The hearing may be waived by the patient and his or her counsel and his or her guardian or conservator, if any, but may not be waived unless all such persons agree to the waiver. Upon waiver, the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.

Sec. 14. 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 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. 15. RCW 71.34.050 and 1985 c 354 s 5 are each amended to read as follows:

(1) When a county-designated mental health professional receives information that a minor, thirteen years or older, as a result of a mental disorder presents a likelihood of serious harm or is gravely disabled, has investigated the specific facts alleged and of the credibility of the person or persons providing the information, and has determined that voluntary admission for inpatient treatment is not possible, the county-designated mental health professional may take the minor, or cause the minor to be taken, into custody and transported to an evaluation and treatment facility providing inpatient treatment.

If the minor is not taken into custody for evaluation and treatment, the parent, guardian, or custodian who has custody of the minor may seek review of that decision made by the county-designated mental health professional in superior or district court for the county in which the parent, guardian, or custodian resides. If the court finds reasonable grounds to believe that the child shall be taken into custody for evaluation and treatment, the court shall order the mental health professional to take the minor into custody.

(2) Within twelve hours of the minor's arrival at the evaluation and treatment facility, the county-designated mental health professional shall serve on the minor a copy of the petition for initial detention, notice of initial detention, and statement of rights. The county-designated mental health professional shall file with the court on the next judicial day following the initial detention the original petition for initial detention, notice of initial detention, and statement of rights along with an affidavit of service. The county-designated mental health professional shall commence service of the petition for initial detention and notice of the initial detention on the minor's parent and the minor's attorney as soon as possible following the initial detention.

(3) At the time of initial detention, the county-designated mental health professional shall advise the minor both orally and in writing that if admitted to the evaluation and treatment facility for inpatient treatment, a commitment hearing shall be held within seventy-two hours of the minor's provisional acceptance to determine whether probable cause exists to commit the minor for further mental health treatment.

The minor shall be advised that he or she has a right to communicate immediately with an attorney and that he or she has a right to have an attorney appointed to represent him or her before and at the hearing if the minor is indigent.

(4) Whenever the county designated mental health professional petitions for detention of a minor under this chapter, an evaluation and treatment facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. Within twenty-four hours of the minor's arrival, the facility must evaluate the minor's condition and either admit or release the minor in accordance with this chapter.

(5) If a minor is not approved for admission by the inpatient evaluation and treatment facility, the facility shall make such recommendations and referrals for further care and treatment of the minor as necessary.

Sec. 16. RCW 71.34.070 and 1985 c 354 s 7 are each amended to read as follows:

(1) The professional person in charge of an evaluation and treatment facility where a minor has been admitted involuntarily for the initial seventy-two hour treatment period under this chapter may petition to have a minor committed to an evaluation and treatment facility for fourteen-day diagnosis, evaluation, and treatment.

If the professional person in charge of the treatment and evaluation facility does not petition to have the minor committed, the parent, guardian, or custodian who has custody of the minor may seek review of that decision in superior or district court for the county in which the parent, guardian, or custodian resides. If the court finds reasonable grounds to believe that a petition for commitment could be successfully pursued, the court shall order the professional person to file such a petition.

(2) A petition for commitment of a minor under this section shall be filed with the superior court in the county where the minor is residing or being detained.

(a) A petition for a fourteen-day commitment shall be signed either by two physicians or by one physician and a mental health professional who have examined the minor and shall contain the following:

(i) The name and address of the petitioner;

(ii) The name of the minor alleged to meet the criteria for fourteen-day commitment;

(iii) The name, telephone number, and address if known of every person believed by the petitioner to be legally responsible for the minor;

(iv) A statement that the petitioner has examined the minor and finds that the minor's condition meets required criteria for fourteen-day commitment and the supporting facts therefor;

(v) A statement that the minor has been advised of the need for voluntary treatment but has been unwilling or unable to consent to necessary treatment;

(vi) A statement recommending the appropriate facility or facilities to provide the necessary treatment; and

(vii) A statement concerning whether a less restrictive alternative to inpatient treatment is in the best interests of the minor.

(b) A copy of the petition shall be personally delivered to the minor by the petitioner or petitioner's designee. A copy of the petition shall be sent to the minor's attorney and the minor's parent.

Sec. 17. 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)~~)) (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 files a petition for initial detention within the time prescribed by this chapter.

Sec. 18. 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 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.

(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~~)) 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 crisis residential center pursuant to contract with the department.

Sec. 19. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:

((~~The department shall~~)) A juvenile, his or her parent, guardian or custodian, or the case manager of the multidisciplinary team may file a children in need of services petition ((~~to approve an alternative residential placement on behalf of a child under any of the following sets of circumstances:~~

~~(1) The child has been admitted to a 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;~~

~~(c) No agreement between the parent and the child as to where the child shall live has been reached;~~

~~(d) No 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 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~~

~~(c) The child has no suitable place to live other than the home of his or her parent.~~

~~(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;~~

~~(c) No new agreement between parent and child as to where the child shall live has been reached;~~

~~(d) No 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 placement 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 petition for alternative residential placement under this section, shall be represented as provided for in RCW 13.04.093.)) as provided in section 11 of this act, provided that the requirements of RCW 13.32A.030(7) are met and an at-risk youth petition is not currently pending.

A children in need of services petition shall not be filed unless the at-risk youth petition process has been attempted and has failed. This shall be stated in the petition. The at-risk youth process need not be attempted if there is no parent reasonably available or interested in attempting such process.

If the petition is filed by the case manager of the multidisciplinary team, the court shall make a finding before proceeding to disposition, that the multidisciplinary team made a substantial effort to work with the family and that in doing so, the parent's involvement was sought and the parent's wishes considered.

Sec. 20. 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 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 provided by the department shall involve the multidisciplinary team as provided in RCW 13.32A.040. Except as otherwise provided in this section, the juvenile court shall not accept the filing of a children in need of services petition unless verification is provided that the requirements of RCW 13.32A.030(7) are met. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, 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 child in need of services proceeding under this chapter or 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. (3)(a) A juvenile, his or her parent, guardian or custodian, or the case manager of the multidisciplinary team may file with the juvenile court a petition alleging that the juvenile is a child in need of services. The county shall have the authority, when requested, to assist in the filing of the petition. The petition shall be filed in the county where the parent, guardian, or custodian resides.

(b) The petition shall set forth the name, age, and residence of the juvenile and the names and residences of the parents and the guardian or custodian, if any. The petition shall allege that:

(i) The juvenile is a child in need of services as defined in this chapter;

(ii) Court intervention is necessary to assist the parent or guardian or custodian to maintain the care, custody, and control of the juvenile;

(iii) An at-risk petition process was attempted and failed or never attempted as provided in RCW 13.32A.140; and

(iv) Alternatives to court intervention have been attempted and were unsuccessful in the situations in which the at-risk youth process was not attempted or there is good cause why such alternatives have not been attempted.

(c) The petition shall set forth facts that support the allegations in the child in need of services petition 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 a children in need of services petition is not dependent upon the court's having obtained prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction over the child and parent to assist the parent in maintaining parental authority and responsibility for the child.

(d) A petition may be accepted only if alternatives to court intervention have been attempted except as provided in (a)(iv) of this subsection. Juvenile court personnel may screen all child in need of services 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. 21. RCW 13.32A.160 and 1990 c 276 s 11 are each amended to read as follows:

((~~(1)~~)) When a proper children in need of services 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)~~)) (1) Schedule a date for a fact-finding hearing; (2) notify the parent, guardian or custodian, if any, child, and the ((~~department~~)) juvenile court personnel of such date; ((~~(b)~~)) (3) 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)~~)) (4) appoint legal counsel for the child; ((~~(d)~~)) (5) inform the child and his or her parent or guardian or custodian, if any, of the legal consequences of the court approving or disapproving ((~~an alternative residential placement~~)) a children in need of services petition; and ((~~(e)~~)) (6) 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 days upon the request of the juvenile or the juvenile's parent.))

Sec. 22. 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 children in need of services 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)~~)) grant the petition and enter an order finding the child to be a child in need of services if the allegations in the petition are established by a preponderance of evidence. The court shall not enter an order if the child is the subject of a proceeding under chapter 13.34 RCW. If the petition is granted, the court shall enter an order either requiring the child to reside in the home of the child's parent or guardian or custodian or to reside in out-of-home care.

If the court enters an order requiring the child to reside in the home of the child's parent, guardian, or custodian, the court may also impose the following conditions:

(a) Regular school attendance;

(b) Counseling; and

(2) The court may enter an order for out-of-home placement only if the court determines that:

(a) The ((~~conflict which exists~~)) problems that led to the filing of the petition cannot be resolved by delivery of services to the family during continued placement of the child in the ((~~parental~~)) home;

((~~(d)~~)) (b) 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)~~)) (c) 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)~~)) (3) The order approving ((~~out-of-home placement~~)) the petition shall direct the department to submit a disposition plan for a three-month placement of the child that is designed to protect the child and resolve the problems that led to the filing of the petition and reunite the family ((~~and resolve the family conflict~~)). Such plan shall delineate any conditions or limitations on ((~~parental~~)) the involvement of the parent or guardian or custodian. The plan shall also state whether or not the multidisciplinary team will continue to be involved with the family and to what extent. 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~~)) the visitation rights of parents, guardians, and custodians. The ((~~court may direct the~~)) department ((to)) shall consider the cultural heritage of the child in making its recommendations.

((~~(3)~~)) (4) 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~~)) fact-finding hearing is completed. Each party shall be notified of the time and place of such disposition hearing. At the hearing, the court shall enter a dispositional order as provided in this section and RCW 13.32A.180 and 13.32A.196.

((~~(4)~~)) (5) If the court approves or denies a children in need of services petition ((~~for an alternative residential placement~~)), a written statement of the reasons shall be filed. If the court denies a ((~~petition requesting~~)) request 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)~~)) (6) 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)~~)) (7) A child or parent 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 in a children in need of services proceeding shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ninety calendar days after the ((~~day~~)) date of the order.

((~~(7)~~)) (8) The department may request, and the juvenile court may grant, dismissal of ((~~an alternative residential placement order~~)) a children in need of services petition 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

Sec. 23. 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 and enter a dispositional order in accordance with the provisions of this section and RCW 13.32A.170 and 13.32A.196. The court, consistent with the stated goal of protecting the child, resolving the ((~~family conflict~~)) problems that led to the filing of the petition, and reuniting the family, may modify such plan and shall make its dispositional order for 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. 24. 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, 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. 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 discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have displayed concerted 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 department may request, and the juvenile court may grant, dismissal of ((~~an alternative residential placement order~~)) a children in need of services petition 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

Sec. 25. 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, the juvenile court shall:

(a) Schedule a fact-finding hearing 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 placement 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 proceedings shall be consolidated for purposes of fact-finding. Pending a fact-finding hearing regarding the petition, the child may be placed, 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. 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. Except as otherwise provided in RCW 13.32A.175, 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. The parent may request dismissal of an at-risk youth proceeding 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) 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.

NEW SECTION. Sec. 27. 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. 28. RCW 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the multidisciplinary team formed under chapter 13.32A RCW, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

Sec. 29. 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 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: 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 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.

NEW SECTION. Sec. 30. The provisions of this act relating to child in need of services shall not take effect until July 1, 1996.

NEW SECTION. Sec. 31. The following acts or parts of acts are each repealed:

(1) RCW 13.32A.100 and 1981 c 298 s 8 & 1979 c 155 s 24; and

(2) RCW 13.32A.120 and 1990 c 276 s 7 & 1979 c 155 s 26.