SUBSTITUTE SENATE BILL 5578
State of Washington 55th Legislature 1997 Regular Session
By Senate Committee on Human Services & Corrections (originally sponsored by Senators Long, Hargrove and Winsley; by request of Department of Social and Health Services)
Read first time 02/28/97.
AN ACT Relating to technical clarifying changes to the family reconciliation act; and amending RCW 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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. 2. 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. 3. 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. 4. 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.
If no parent is available or willing to remove the child during the ((
period)) first seventy-two hours following admission, the department
shall consider the filing of a petition under RCW 13.32A.140.
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.
(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
(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.
(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. 5. 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;
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. 6. RCW 13.32A.160 and 1996 c 133 s 22 are each amended to read as follows:
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. 7. 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.
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. 8. 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:
Schedule a fact-finding hearing to be held: (A) For a child who ((
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. 9. 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
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