1938-S2.E AMS HSC S2597.1

E2SHB 1938 - S COMM AMD

By Committee on Human Services & Corrections

    Strike everything after the enacting clause and insert the following:

                              "PART I

               MENTAL HEALTH AND CHEMICAL DEPENDENCY

NEW SECTION. Sec. 101.  The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled.  The legislature finds that treatment of such conditions is not the equivalent of incarceration or detention, but is a legitimate act of parental discretion, when supported by decisions of credentialed professionals.  The legislature finds that, consistent with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the determination of a parent and professional person to admit a minor child to treatment and finds this act provides sufficient independent review by the department of social and health services, as a neutral fact-finder, to protect the interests of all parties.  The legislature finds it is necessary to provide parents a statutory process, other than the petition process provided in chapters 70.96A and 71.34 RCW, to obtain treatment for their minor children without the consent of the children.

    The legislature finds that differing standards of admission and review in parent-initiated mental health and chemical dependency treatment for their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children.  The legislature finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily.  The legislature finds there are children whose behavior presents a clear need of medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures.

                           MENTAL HEALTH

    Sec. 102.  RCW 71.34.010 and 1992 c 205 s 302 are each amended to read as follows:

    It is the purpose of this chapter to ((ensure)) assure that minors in need of mental health care and treatment receive an appropriate continuum of culturally relevant care and treatment, ((from)) including prevention and early intervention ((to)), self-directed care, parent-directed care, and involuntary treatment.  To facilitate the continuum of care and treatment to minors in out-of-home placements, all divisions of the department that provide mental health services to minors shall jointly plan and deliver those services.

    It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment.  The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment.  Additionally, all mental health care and treatment providers shall ((ensure)) assure that minors' parents are given an opportunity to participate in the treatment decisions for their minor children.  The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.

It is also the purpose of this chapter to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under this chapter.

    Sec. 103.  RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

    (11) "Likelihood of serious harm" means either:  (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.

    (12) "Medical necessity" for inpatient care means a requested service which is reasonably calculated to:  (a) Diagnose, correct, cure, or alleviate a mental disorder; or (b) prevent the worsening of mental conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

(13) "Medically appropriate" means that a minor admitted to inpatient treatment, under section 113 of this act, has not sufficiently improved his or her condition to be released to a less restrictive setting.

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

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

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

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

    (((16))) (18) "Parent" means:

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

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

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

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

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

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

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

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

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

    Sec. 104.  RCW 71.34.025 and 1995 c 312 s 56 are each amended to read as follows:

    (1) ((The admission of any child under RCW 71.34.030 may be reviewed by the county-designated mental health professional between fifteen and thirty days following admission.  The county-designated mental health professional may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

    (2))) The department shall ((ensure)) assure that, for any minor admitted to inpatient treatment under section 113 of this act, a review is conducted by a professional person at the department or at a contracted agency no sooner than seven days and no later than ((sixty)) fourteen days following admission to determine whether it is medically appropriate to continue the ((child's)) minor's treatment on an inpatient basis.  ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

    If the county-designated mental health professional determines that continued inpatient treatment of the child is no longer medically appropriate, the professional shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

    (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child.  Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))

(2) The department shall, at thirty-day intervals following the review conducted under subsection (1) of this section, conduct reviews of the treatment status of each minor admitted to inpatient treatment, under section 113 of this act, to determine whether it is medically appropriate to continue the minor's treatment under inpatient status.  The reviews shall be conducted by a professional person at the department or at a contracted agency.

(3) In making a determination under subsection (1) or (2) of this section, the department shall consider the opinion of the treatment provider, the safety of the minor, and the likelihood the minor's mental health will deteriorate if released from inpatient treatment.  The department shall consult with the parent in advance of making its determination.

(4) If the department determines it is no longer medically appropriate for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility.  The facility shall release the minor to the parents within twenty-four hours of receiving notice.  If the professional person in charge and the parent believe that it is medically appropriate for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW.  If the department determines it is medically appropriate for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.

(5) If the evaluation conducted under section 113 of this act is done by the department, the reviews required by subsections (1) and (2) of this section shall be done by contract with an independent agency.

(6) The department may, subject to available funds, contract with other governmental agencies to conduct the reviews under this section.  The department may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

NEW SECTION. Sec. 105.  A new section is added to chapter 71.34 RCW to read as follows:

    For purposes of eligibility for medical assistance under chapter 74.09 RCW, minors in inpatient mental health treatment shall be considered to be part of their parent's or legal guardian's household, unless the minor has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the parents are found to not be exercising responsibility for care and control of the minor.  Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.

           VOLUNTARY MENTAL HEALTH OUTPATIENT TREATMENT

    Sec. 106.  RCW 71.34.030 and 1995 c 312 s 52 are each amended to read as follows:

    (((1))) Any minor thirteen years or older may request and receive outpatient treatment without the consent of the minor's parent.  Parental authorization is required for outpatient treatment of a minor under the age of thirteen.

    (((2) When in the judgment of the professional person in charge of an evaluation and treatment facility there is reason to believe that a minor is in need of inpatient treatment because of a mental disorder, and the facility provides the type of evaluation and treatment needed by the minor, and it is not feasible to treat the minor in any less restrictive setting or the minor's home, the minor may be admitted to an evaluation and treatment facility in accordance with the following requirements:

    (a) A minor may be voluntarily admitted by application of the parent.  The consent of the minor is not required for the minor to be evaluated and admitted as appropriate.

    (b) A minor thirteen years or older may, with the concurrence of the professional person in charge of an evaluation and treatment facility, admit himself or herself without parental consent to the evaluation and treatment facility, provided that notice is given by the facility to the minor's parent in accordance with the following requirements:

    (i) Notice of the minor's admission shall be in the form most likely to reach the parent within twenty-four hours of the minor's voluntary admission and shall advise the parent that the minor has been admitted to inpatient treatment; the location and telephone number of the facility providing such treatment; and the name of a professional person on the staff of the facility providing treatment who is designated to discuss the minor's need for inpatient treatment with the parent.

    (ii) The minor shall be released to the parent at the parent's request for release unless the facility files a petition with the superior court of the county in which treatment is being provided setting forth the basis for the facility's belief that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.

    (iii) The petition shall be signed by the professional person in charge of the facility or that person's designee.

    (iv) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

    (v) There shall be a hearing on the petition, which shall be held within three judicial days from the filing of the petition.

    (vi) The hearing shall be conducted by a judge, court commissioner, or licensed attorney designated by the superior court as a hearing officer for such hearing.  The hearing may be held at the treatment facility.

    (vii) At such hearing, the facility must demonstrate by a preponderance of the evidence presented at the hearing that the minor is in need of inpatient treatment and that release would constitute a threat to the minor's health or safety.  The hearing shall not be conducted using the rules of evidence, and the admission or exclusion of evidence sought to be presented shall be within the exercise of sound discretion by the judicial officer conducting the hearing.

    (c) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.

    (d) 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.

    (4) The ability of a parent to apply to a certified evaluation and treatment program for the involuntary admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.  However, the state may provide services for indigent minors to the extent that funds are available therefor.))

NEW SECTION. Sec. 107.  A new section is added to chapter 71.34 RCW to read as follows:

    (1) Any provider of outpatient treatment for a minor thirteen years of age or older shall provide notice of the treatment to the minor's parents.  The notice shall be made upon the completion of the minor's third visit for treatment, and shall contain the name, location, and telephone number of the mental health care provider who is designated to discuss the minor's need for treatment with the parent.

    (2) A treatment provider may defer notification to a parent of a minor's request for treatment if:  (a) The minor alleges physical or sexual abuse by the parent and the treatment provider notifies the department of the alleged abuse.  Upon completion of its assessment of the allegation, the department shall notify the treatment provider of its findings.  If the department determines the allegation is not valid, the treatment provider shall immediately notify the parent of the minor's treatment.  If the department determines the allegation is valid, the treatment provider need not provide notice to the parent; or (b) the provider believes the parental notification will interfere with the necessary treatment for the minor.  If the provider believes the notification will interfere with the necessary treatment, the provider shall notify the department.  The department shall review the circumstances and pursue either a child in need of services petition, if the child meets the definition of a child in need of services under RCW 13.32A.030(4)(c), or a dependency petition under chapter 13.34 RCW, if the child meets the definition of a dependent child under RCW 13.34.030(4).  If the department determines neither petition is appropriate it shall immediately inform the provider, who shall notify the parent of the treatment within twenty-four hours or after the third visit for treatment, whichever is later.

            VOLUNTARY MENTAL HEALTH INPATIENT TREATMENT

NEW SECTION. Sec. 108.  A new section is added to chapter 71.34 RCW to read as follows:

    (1) A minor thirteen years or older may admit himself or herself to an evaluation and treatment facility for inpatient mental treatment, without parental consent.  The admission shall occur only if the professional person in charge of the facility concurs with the need for inpatient treatment.

    (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.

    (3) Written renewal of voluntary consent must be obtained from the applicant no less than once every twelve months.  The minor's need for continued inpatient treatments shall be reviewed and documented no less than every one hundred eighty days.

NEW SECTION. Sec. 109.  A new section is added to chapter 71.34 RCW to read as follows:

    The administrator of the treatment facility shall provide notice to the parents of a minor when the minor is voluntarily admitted to inpatient treatment under section 108 of this act.  The notice 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:  (1) That the minor has been admitted to inpatient treatment; (2) of the location and telephone number of the facility providing such treatment; (3) of 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; and (4) of the medical necessity for admission.

NEW SECTION. Sec. 110.  A new section is added to chapter 71.34 RCW to read as follows:

    (1) Any minor thirteen years or older who has voluntarily admitted himself or herself to inpatient treatment shall be released to the parent upon the parent's written request for release unless the professional person in charge of the facility exercises his or her option to file a petition for commitment of a minor.

    (2)(a) The petition shall be filed 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.

    (b) The petition shall be signed by the minor and the professional person in charge of the facility or that person's designee.

    (c) The parent may apply to the court for separate counsel to represent the parent if the parent cannot afford counsel.

    (d) There shall be a hearing on the petition, which shall be held within seventy-two hours from the filing of the petition.

    (3) The commitment hearing shall be conducted at the superior court or an appropriate place at the treatment facility.

    (4) The professional person must demonstrate, by a preponderance of the evidence, that the minor is in need of inpatient treatment and that the release would constitute a threat to the minor's health or safety.  The rules of evidence shall not apply at the hearing.

NEW SECTION. Sec. 111.  A new section is added to chapter 71.34 RCW to read as follows:

    (1) Any minor thirteen years or older voluntarily admitted to an evaluation and treatment facility under section 108 of this act 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.

    (2) 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.

    (3) The professional person 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 commences an initial detention proceeding under the provisions of this chapter.

NEW SECTION. Sec. 112.  A new section is added to chapter 71.34 RCW to read as follows:

    Any minor admitted to inpatient treatment under section 108 or 113 of this act shall be discharged immediately from inpatient treatment upon written request of the parent.

             PARENT-INITIATED MENTAL HEALTH TREATMENT

NEW SECTION. Sec. 113.  A new section is added to chapter 71.34 RCW to read as follows:

    (1) A parent may bring, or authorize the bringing of, his or her minor child to an evaluation and treatment facility and request that the professional person examine the child to determine whether the child has a mental disorder and is in need of inpatient treatment.

    (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the minor to the facility.

    (3) An appropriately trained professional person may evaluate whether the minor has a mental disorder.  The evaluation shall be completed within twenty-four hours of the time the child was brought to the facility, unless the professional person determines that the condition of the child necessitates additional time for evaluation.  In no event shall a child be held longer than seventy-two hours for evaluation without being admitted or released.  If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be admitted.  Within twenty-four hours of the admission, the professional person shall notify the department of the admission.

    (4) No provider is obligated to provide treatment to a child under the provisions of this section.  No provider may admit a child to treatment under this section unless it is medically necessary.

    (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

    (6) For the purposes of this section "professional person" does not include a social worker, unless the social worker is appropriately trained and qualified by education and experience, as defined by the department, in psychiatric social work.

NEW SECTION. Sec. 114.  A new section is added to chapter 71.34 RCW to read as follows:

    (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient mental health treatment and request that an appropriately trained professional person examine the child to determine whether the child has a mental disorder and is in need of outpatient treatment.

    (2) The consent of the minor is not required for evaluation if the parent brings the minor to the provider.

    (3) The professional person may evaluate whether the minor has a mental disorder and is in need of outpatient treatment.

NEW SECTION. Sec. 115.  A new section is added to chapter 71.34 RCW to read as follows:

    The ability of a parent to apply to a certified evaluation and treatment program for the admission of his or her minor does not create a right to obtain or benefit from any funds or resources of the state.  The state may provide services for indigent minors to the extent that funds are available.

                        CHEMICAL DEPENDENCY

    Sec. 116.  RCW 70.96A.020 and 1996 c 178 s 23 and 1996 c 133 s 33 are each reenacted and amended to read as follows:

    For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

    (1) "Alcoholic" means a person who suffers from the disease of alcoholism.

    (2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

    (3) "Approved treatment program" means a discrete program of chemical dependency treatment provided by a treatment program certified by the department of social and health services as meeting standards adopted under this chapter.

    (4) "Chemical dependency" means alcoholism or drug addiction, or dependence on alcohol and one or more other psychoactive chemicals, as the context requires.

    (5) "Chemical dependency program" means expenditures and activities of the department designed and conducted to prevent or treat alcoholism and other drug addiction, including reasonable administration and overhead.

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

    (7) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in RCW 70.96A.140 and qualified to do so by meeting standards adopted by the department.

    (8) "Director" means the person administering the chemical dependency program within the department.

    (9) "Drug addict" means a person who suffers from the disease of drug addiction.

    (10) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.

    (11) "Emergency service patrol" means a patrol established under RCW 70.96A.170.

    (12) "Gravely disabled by alcohol or other drugs" means that a person, as a result of the use of alcohol or other drugs:  (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by a repeated and escalating loss of cognition or volitional control over his or her actions and is not receiving care as essential for his or her health or safety.

    (13) "Incapacitated by alcohol or other psychoactive chemicals" means that a person, as a result of the use of alcohol or other psychoactive chemicals, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment and presents a likelihood of serious harm to himself or herself, to any other person, or to property.

    (14) "Incompetent person" means a person who has been adjudged incompetent by the superior court.

    (15) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals.

    (16) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.

    (17) "Likelihood of serious harm" means either:  (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on one's self; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior that has caused the harm or that places another person or persons in reasonable fear of sustaining the harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others.

    (18) "Medical necessity" for inpatient care of a minor means a requested certified inpatient service that is reasonably calculated to:  (a) Diagnose, arrest, or alleviate a chemical dependency; or (b) prevent the worsening of chemical dependency conditions that endanger life or cause suffering and pain, or result in illness or infirmity or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and there is no adequate less restrictive alternative available.

(19) "Medically appropriate" means a minor admitted by his or her parents to inpatient treatment under section 121 of this act has not sufficiently improved his or her condition to be released to a less restrictive setting.

(20) "Minor" means a person less than eighteen years of age.

    (((19))) (21) "Parent" means the parent or parents who have the legal right to custody of the child.  Parent includes custodian or guardian.

    (((20))) (22) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment.

    (((21))) (23) "Person" means an individual, including a minor.

    (((22))) (24) "Professional person in charge" or "professional person" means a physician or chemical dependency counselor as defined in rule by the department, who is empowered by a certified treatment program with authority to make assessment, admission, continuing care, and discharge decisions on behalf of the certified program.

(25) "Secretary" means the secretary of the department of social and health services.

    (((23))) (26) "Treatment" means the broad range of emergency, detoxification, residential, and outpatient services and care, including diagnostic evaluation, chemical dependency education and counseling, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and other drug addicts and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.

    (((24))) (27) "Treatment program" means an organization, institution, or corporation, public or private, engaged in the care, treatment, or rehabilitation of alcoholics or other drug addicts.

        VOLUNTARY CHEMICAL DEPENDENCY OUTPATIENT TREATMENT

    Sec. 117.  RCW 70.96A.095 and 1996 c 133 s 34 are each amended to read as follows:

    (((1))) Any person thirteen years of age or older may give consent for himself or herself to the furnishing of outpatient treatment by a chemical dependency treatment program certified by the department.  ((Consent of the parent of a person less than eighteen years of age for inpatient treatment is necessary to authorize the care unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c), as determined by the department.))  Parental authorization is required for any treatment of a minor under the age of thirteen.  ((The parent of a minor is not liable for payment of care for such persons pursuant to this chapter, unless they have joined in the consent to the treatment.

    (2) The parent of any minor child may apply to a certified 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 certified treatment program shall accept the application and evaluate the child for admission.  The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.  However, the state may provide services for indigent minors to the extent that funds are available therefor.

    (3) Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if:  (a) The minor signs a written consent authorizing the disclosure; or (b) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure.  The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing 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 treatment with the parent.))

NEW SECTION. Sec. 118.  A new section is added to chapter 70.96A RCW to read as follows:

    Any provider of outpatient treatment who provides outpatient treatment to a minor thirteen years of age or older shall provide notice of the minor's request for treatment to the minor's parents if:  (1) The minor signs a written consent authorizing the disclosure; or (2) the treatment program director determines that the minor lacks capacity to make a rational choice regarding consenting to disclosure.  The notice shall be made within seven days of the request for treatment, excluding Saturdays, Sundays, and holidays, and shall contain the name, location, and telephone number of the facility providing 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 treatment with the parent.

         VOLUNTARY CHEMICAL DEPENDENCY INPATIENT TREATMENT

NEW SECTION. Sec. 119.  A new section is added to chapter 70.96A RCW to read as follows:

    Parental consent is required for inpatient chemical dependency treatment of a minor, unless the child meets the definition of a child in need of services in RCW 13.32A.030(4)(c) as determined by the department:  PROVIDED, That parental consent is required for any treatment of a minor under the age of thirteen.

    This section does not apply to petitions filed under this chapter.

NEW SECTION. Sec. 120.  A new section is added to chapter 70.96A RCW to read as follows:

    (1) The parent of a minor is not liable for payment of inpatient or outpatient chemical dependency treatment unless the parent has joined in the consent to the treatment.

    (2) The ability of a parent to apply to a certified treatment program for the admission of his or her minor child does not create a right to obtain or benefit from any funds or resources of the state.  However, the state may provide services for indigent minors to the extent that funds are available therefor.

          PARENT-INITIATED CHEMICAL DEPENDENCY TREATMENT

NEW SECTION. Sec. 121.  A new section is added to chapter 70.96A RCW to read as follows:

    (1) A parent may bring, or authorize the bringing of, his or her minor child to a certified treatment program and request that a chemical dependency assessment be conducted by a professional person to determine whether the child is chemically dependent and in need of inpatient treatment.

    (2) The consent of the minor is not required for admission, evaluation, and treatment if the parent brings the child to the program.

    (3) An appropriately trained professional person may evaluate whether the minor is chemically dependent.  The evaluation shall be completed within twenty-four hours of the time the child was brought to the facility, unless the professional person determines that the condition of the child necessitates additional time for evaluation.  In no event shall a child be held longer than seventy-two hours for evaluation without being admitted or released.  If, in the judgment of the professional person, it is determined it is a medical necessity for the minor to receive inpatient treatment, the minor may be admitted.  Within twenty-four hours of the admission the professional person shall notify the department of the admission.

    (4) No provider is obligated to provide treatment to a child under the provisions of this section.  No provider may admit a child to treatment under this section unless it is medically necessary.

    (5) No minor receiving inpatient treatment under this section may be discharged from the facility based solely on his or her request.

    (6) Any minor child admitted to inpatient treatment under this section shall be discharged immediately from inpatient treatment upon written request of the parent.

    Sec. 122.  RCW 70.96A.097 and 1995 c 312 s 48 are each amended to read as follows:

    (1) ((The admission of any child under RCW 70.96A.095 may be reviewed by the county-designated chemical dependency specialist between fifteen and thirty days following admission.  The county-designated chemical dependency specialist may undertake the review on his or her own initiative and may seek reimbursement from the parents, their insurance, or medicaid for the expense of the review.

    (2))) The department shall ensure that, for any minor admitted to inpatient treatment under section 121 of this act, a review is conducted by a professional person at the department or at a contracted agency no sooner than seven days and no later than ((sixty)) fourteen days following admission to determine whether it is medically appropriate to continue the ((child's)) minor's treatment on an inpatient basis.  ((The department may, subject to available funds, contract with a county for the conduct of the review conducted under this subsection and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

    If the county-designated chemical dependency specialist determines that continued inpatient treatment of the child is no longer medically appropriate, the specialist shall notify the facility, the child, the child's parents, and the department of the finding within twenty-four hours of the determination.

    (3) For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient mental health or chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department of social and health services or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child.  Payment for such care by the department of social and health services shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.))

(2) The department shall, at thirty-day intervals following the review conducted under subsection (1) of this section, conduct reviews of the treatment status of each minor admitted to inpatient treatment, under section 121 of this act, to determine whether it is medically appropriate to continue the minor's treatment under inpatient status.  The reviews shall be conducted by a professional person at the department or at a contracted agency.

(3) In making a determination under subsection (1) or (2) of this section whether it is medically appropriate to release the minor from inpatient treatment, the department shall consider the opinion of the treatment provider, the safety of the minor, the likelihood the minor's chemical dependency recovery will deteriorate if released from inpatient treatment, and the wishes of the parent.

(4) If the department determines it is no longer medically appropriate for a minor to receive inpatient treatment, the department shall immediately notify the parents and the facility.  The facility shall release the minor to the parents within twenty-four hours of receiving notice.  If the professional person in charge and the parent believe that it is medically appropriate for the minor to remain in inpatient treatment, the minor shall be released to the parent on the second judicial day following the department's determination in order to allow the parent time to file an at-risk youth petition under chapter 13.32A RCW. If the department determines it is medically appropriate for the minor to receive outpatient treatment and the minor declines to obtain such treatment, such refusal shall be grounds for the parent to file an at-risk youth petition.

(5) The department may, subject to available funds, contract with other governmental agencies for the conduct of the reviews conducted under this section and may seek reimbursement from the parents, their insurance, or medicaid for the expense of any review conducted by an agency under contract.

NEW SECTION. Sec. 123.  A new section is added to chapter 70.96A RCW to read as follows:

    (1) A parent may bring, or authorize the bringing of, his or her minor child to a provider of outpatient chemical dependency treatment and request that an appropriately trained professional person examine the child to determine whether the child has a chemical dependency and is in need of outpatient treatment.

    (2) The consent of the minor is not required for evaluation if the parent brings the child to the provider.

    (3) The professional person in charge of the facility may evaluate whether the minor has a chemical dependency and is in need of outpatient treatment.

NEW SECTION. Sec. 124.  A new section is added to chapter 70.96A RCW to read as follows:

    For purposes of eligibility for medical assistance under chapter 74.09 RCW, children in inpatient chemical dependency treatment shall be considered to be part of their parent's or legal guardian's household, unless the child has been assessed by the department or its designee as likely to require such treatment for at least ninety consecutive days, or is in out-of-home care in accordance with chapter 13.34 RCW, or the child's parents are found to not be exercising responsibility for care and control of the child.  Payment for such care by the department shall be made only in accordance with rules, guidelines, and clinical criteria applicable to inpatient treatment of minors established by the department.

NEW SECTION. Sec. 125. It is the purpose of sections 121 and 123 of this act to assure the ability of parents to exercise reasonable, compassionate care and control of their minor children when there is a medical necessity for treatment and without the requirement of filing a petition under chapter 70.96A RCW.

NEW SECTION. Sec. 126.  The department of social and health services shall adopt rules defining "appropriately trained professional person" for the purposes of conducting mental health and chemical dependency evaluations under sections 113(3), 114(1), 121(3), and 123(1) of this act.

                              PART II

                     MISCELLANEOUS PROVISIONS

    Sec. 201.  RCW 13.32A.030 and 1996 c 133 s 9 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) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

    (2) "At-risk youth" means a juvenile:

    (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;

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

    (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.

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

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

    (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

    (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and

    (i) Has exhibited a serious substance abuse problem; or

    (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

    (c)(i) Who is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family;

    (ii) Who lacks access, or has declined, to utilize these services; and

    (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

    (5) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.

    (6) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

    (7) "Custodian" means the person or entity who has the legal right to the custody of the child.

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

    (9) "Extended family member" means an adult who is 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.

    (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.

    (11) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent.  The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines.  The team may also include, but is not limited to, the following persons:  Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members.  The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

    (12) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

    (13) "Parent" means the parent or parents who have the legal right to custody of the child.  "Parent" includes custodian or guardian.

    (14) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

    (15) "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.  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.

    (16) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.

(17) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

    Sec. 202.  RCW 13.32A.050 and 1996 c 133 s 10 are each amended to read as follows:

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

    (a) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

    (b) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or

    (c) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

    (d) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A or 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter or chapter 13.34 RCW.

    (2) Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.  Law enforcement custody continues until the law enforcement officer transfers custody to a person, agency, or other authorized entity under this chapter, or releases the child because no placement is available.  Transfer of custody is not complete unless the person, agency, or entity to whom the child is released agrees to accept custody.

    (3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a 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.  The center shall provide the department with a copy of the officer's report.

    (4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department.

    (5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

    (6) If a law enforcement officer receives a report that causes the officer to have reasonable suspicion that a child is being harbored under RCW 13.32A.080 or for other reasons has a reasonable suspicion that a child is being harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.

    (7) No child may be placed in a secure facility except as provided in this chapter.

    Sec. 203.  RCW 13.32A.060 and 1996 c 133 s 11 are each amended to read as follows:

    (1) An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall inform the child of the reason for such custody and shall:

    (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 parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department, or a licensed youth shelter.  In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home.  The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or

    (b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance:

    (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 some type of child abuse or neglect, as defined in RCW 26.44.020;

    (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; or

    (c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, the officer may request the department to accept custody of the child.  If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement.  Upon accepting custody of a child from the officer, the department may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, without filing a child in need of services petition under this chapter, obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW.  Upon transferring a child to the department's custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody.  If the department declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed:  The home of an adult extended family member; a responsible adult; a licensed youth shelter and shall immediately notify the department if no placement option is available and the child is released.

    (2) An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall inform the child of the reason for custody.  An officer taking a child into custody under RCW 13.32A.050(1)(c) may release the child to the supervising agency, or shall take the child to a designated crisis residential center's secure facility.  If the secure facility is not available, not located within a reasonable distance, or full, the officer shall take the child to a semi-secure crisis residential center.  An officer taking a child into custody under RCW 13.32A.050(1)(d) may place the child in a juvenile detention facility as provided in RCW 13.32A.065 or a secure facility, except that the child shall be taken to detention whenever the officer has been notified that a juvenile court has entered a detention order under this chapter or chapter 13.34 RCW.

    (3) Whenever an officer transfers custody of a child to a crisis residential center or the department, the child may reside in the crisis residential center or may be placed by the department in an out-of-home placement for an aggregate total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays.  Thereafter, the child may continue in out-of-home placement only if the parents have consented, a child in need of services petition has been filed under this chapter, or an order for placement has been entered under chapter 13.34 RCW.

(4) The department shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken.

    Sec. 204.  RCW 13.32A.130 and 1996 c 133 s 8 are each amended to read as follows:

    (1) A child admitted to a secure facility within a crisis residential center shall remain in the facility for not more than five consecutive days, but for at least twenty-four hours after admission.  If the child admitted under this section is transferred between centers or between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days.

    (2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department.  The determination shall be based on:  (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.

    (ii) In making the determination the administrator shall consider the following information if known:  (A) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away which has endangered the health, safety, and welfare of the child; and (F) the child's willingness to cooperate in the assessment.

    (b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility.  The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.

    (c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.

    (d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.

    (3) If no parent is available or willing to remove the child during the ((five-day period)) first seventy-two hours following admission, the department shall consider the filing of a petition under RCW 13.32A.140.

    (4) ((The requirements of this section shall not apply to a child who is:  (a) Returned to the home of his or her parent; (b) placed in a semi-secure facility within a crisis residential center pursuant to a temporary out-of-home placement order authorized under RCW 13.32A.125; (c) placed in an out-of-home placement; or (d) the subject of an at-risk youth petition.

    (5))) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time during the five-day period unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents.  The department or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four-hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.

    (((6))) (5) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family.  If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the administrator shall inform the parent and child of:  (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under RCW 13.32A.197.

    (((7))) (6) At no time shall information regarding a parent's or child's rights be withheld.  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.

    (((8))) (7) A crisis residential center and its administrator or his or her designee acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

    Sec. 205.  RCW 13.32A.140 and 1996 c 133 s 19 are each amended to read as follows:

    Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:

    (1) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, 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)) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventy-two hours;

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

    (d) No child in need of services petition has been filed by either the child or 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.

    (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 child in need of services petition 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 an out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by the court.  The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department.  The state, when the department files a child in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.

    Sec. 206.  RCW 13.32A.160 and 1996 c 133 s 22 are each amended to read as follows:

    (1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall:  (a)(i) Schedule a fact-finding hearing to be held:  (A) For a child who ((is)) resides in a ((center or a child who is not residing at home, nor in an out-of-home placement)) place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for ((any other)) a child living at home or in an out-of-home placement, within ten days; and (ii) 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 a child in need of services 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 an 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 (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

    (2) Upon filing of a child in need of services 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.  The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.

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

    Sec. 207.  RCW 13.32A.179 and 1996 c 133 s 24 are each amended to read as follows:

    (1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement.  The parents, child, and department shall be notified by the court of the time and place of the hearing.

    (2) At the conclusion of the disposition hearing, the court may:  (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; (d) order an out-of-home placement at the request of the child or the department not to exceed ninety days; or (e) order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW.  Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(2).

    (3) The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that:  (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.

    (4) 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.  The plan, if ordered, shall address ((only the needs of the child and shall not address the perceived needs of the parents, unless the order was entered under subsection (2)(d) of this section or specifically agreed to by the parents)) the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents.  If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate.  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 with timely notification of all court hearings.

    (5) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.

    (6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the child in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:

    (a) The child has been absent from court approved placement for thirty consecutive days or more;

    (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

    (c) The department has exhausted all available and appropriate resources that would result in reunification.

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

    Sec. 208.  RCW 13.32A.192 and 1996 c 133 s 26 are each amended to read as follows:

    (1) When a proper at-risk youth petition is filed by a child's parent under this chapter, the juvenile court shall:

    (a)(i) Schedule a fact-finding hearing to be held:  (A) For a child who ((is)) resides in a ((center or a child who is not residing at home, nor in an out-of-home placement)) place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for ((any other)) a child living at home or in an out-of-home placement, within ten days; and (ii) 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;

    (c) Appoint legal counsel for the child;

    (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 out-of-home placement requested by the parent or child and approved by the parent.

    (3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center.  If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

    (4) If both a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as an at-risk youth petition.  Pending a fact-finding hearing regarding the petition, the child may be placed in the parent's home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to a child in need of services petition.  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.

    Sec. 209.  RCW 74.13.037 and 1996 c 133 s 39 are each amended to read as follows:

    Within available funds appropriated for this purpose, the department shall establish, by contracts with private vendors, transitional living programs for ((dependent)) youth who are being assisted by the department in being emancipated as part of their permanency plan under chapter 13.34 RCW.  These programs shall be licensed under rules adopted by the department.

                             PART III

                              TRUANCY

    Sec. 301.  RCW 28A.225.035 and 1996 c 134 s 4 and 1996 c 133 s 31 are each reenacted and amended to read as follows:

    (1) A petition for a civil action under RCW 28A.225.030 shall consist of a written notification to the court alleging that:

    (a) The child has unexcused absences during the current school year;

    (b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and

    (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.

    (2) The petition shall set forth the name, age, school, and residence of the child and the names and residence of the child's parents.

    (3) The petition shall set forth facts that support the allegations in this section, including prior court orders entered pursuant to this chapter, and shall generally request relief available under this chapter and provide information about what the court may order under RCW 28A.225.090.

    (4) When a petition is filed under RCW 28A.225.030, the juvenile court shall schedule a hearing at which the court shall consider the petition.  However, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences.  When a hearing is held, the court shall:

    (a) Separately notify the child, the parent of the child, and the school district of the hearing;

    (b) Notify the parent and the child of their rights to present evidence at the hearing; and

    (c) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.

    (5) The court may require the attendance of both the child and the parents at any hearing on a petition filed under RCW 28A.225.030.

    (6) The court may permit the first hearing to be held without requiring that either party be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050.  At the request of the school district, the court may permit a school district representative who is not an attorney to represent the school district at any future hearings.

    (7) The record maker shall not be required to testify in order to introduce attendance records as long as the records are duly certified by a declaration of the respective school principal and custodian.

(8) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the ((remainder of the school year, if the allegations in the petition are established by a preponderance of the evidence)) period of time determined by the court, after considering the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter.  In no case may the order expire before the end of the school year in which it is entered.  In weighing the evidence, the court may consider prior orders entered under this chapter against the child and the child's noncompliance with any prior orders as evidence supporting the allegations of the petition.

    (((8))) (9) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.

    (((9))) (10) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140.

    Sec. 302.  RCW 28A.225.090 and 1996 c 134 s 6 and 1996 c 133 s 32 are each reenacted and amended to read as follows:

    (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

    (a) Attend the child's current school;

    (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

    (c) Attend a private nonsectarian school or program including an education center.  Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall:  (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district.  If the court orders the child to enroll in a private school or program, the child's school district shall contract with the school or program to provide educational services for the child.  The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district.  A school district shall not be required to enter into a contract that is longer than the remainder of the school year.  A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district; ((or))

    (d) Be referred to a community truancy board, if available; or

(e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

    (2) If the child fails to comply with the court order, the court may order the child to be punished by detention or may impose alternatives to detention such as community service.  Failure by a child to comply with an order issued under this subsection shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

    (3) Any parent 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.  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 child's school did not perform its duties as required in RCW 28A.225.020.  The court may order the parent to provide community service instead of imposing a fine.  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 child in a supervised plan for the child'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.

NEW SECTION. Sec. 303.  The authority of a court to issue an order for testing to determine whether the child has consumed or used alcohol or controlled substances applies to all persons subject to a petition under RCW 28A.225.030 regardless of whether the petition was filed before the effective date of this section.

NEW SECTION. Sec. 304.  Part headings used in this act do not constitute any part of the law."

E2SHB 1938 - S COMM AMD

By Committee on Human Services & Corrections

    On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 71.34.010, 71.34.020, 71.34.025, 71.34.030, 70.96A.095, 70.96A.097, 13.32A.030, 13.32A.050, 13.32A.060, 13.32A.130, 13.32A.140, 13.32A.160, 13.32A.179, 13.32A.192, and 74.13.037; reenacting and amending RCW 70.96A.020, 28A.225.035, and 28A.225.090; adding new sections to chapter 71.34 RCW; adding new sections to chapter 70.96A RCW; and creating new sections."

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