AN
ACT Relating to reform of social and health services; amending RCW 41.06.076,
13.34.030, 13.34.245, 13.50.010, 13.50.100, 26.44.015, 26.44.020, 26.44.030,
26.44.035, 26.44.040, 26.44.053, 26.44.060, 70.124.040, 70.129.030, 74.13.031,
74.15.030, 74.34.050, 74.34.070, 13.34.090, 13.34.120, 43.43.700, 43.20A.050,
41.64.100, 26.44.020, 13.40.460, 82.08.02915, 82.12.02915, and 13.32A.080;
reenacting and amending RCW 13.34.130, 13.04.030, 13.34.180, and 43.43.840;
adding a new section to chapter 41.06 RCW; adding new sections to chapter
43.20A RCW; adding new sections to chapter 74.13 RCW; adding a new section to
chapter 13.34 RCW; adding a new section to chapter 71A.10 RCW; adding a new
section to chapter 26.44 RCW; adding a new section to chapter 13.40 RCW; adding
a new chapter to Title 74 RCW; adding a new chapter to Title 26 RCW; creating
new sections; repealing RCW 43.06A.040; providing effective dates; providing
expiration dates; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.06.076 and 1993 c 281 s 22 are each amended to read as follows:
In
addition to the exemptions set forth in RCW 41.06.070, the provisions of this
chapter shall not apply in the department of social and health services to the
secretary; the secretary's executive assistant, if any; not to exceed six
assistant secretaries, thirteen division directors, six regional directors; one
confidential secretary for each of the above-named officers; not to exceed six
bureau chiefs; all social worker V positions; and all superintendents of
institutions of which the average daily population equals or exceeds one
hundred residents: PROVIDED, That each such confidential secretary must meet
the minimum qualifications for the class of secretary II as determined by the
Washington personnel resources board.
This
section expires June 30, 2005.
*NEW
SECTION. Sec. 2.
A new section is added to chapter 41.06 RCW to read as follows:
The
salary and fringe benefits of all social worker V positions created under RCW
41.06.076 shall be determined by the Washington personnel resources board. In
establishing the salary and fringe benefits the board shall consider: (1) The
consequences of extended travel and out of home living; (2) the importance to
the department of caseload reduction and increased efficiencies; (3) the
requirements of and qualifications involved in caseworker training; (4) the
complexity of the work requirements; and (5) the desirability of avoiding
employee turnover in these positions.
The
salary and fringe benefits shall exceed that of the highest position in the
social worker classification on the effective date of this section.
*Sec. 2 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 3.
A new section is added to chapter 43.20A RCW to read as follows:
There
is created in the department the classification of social worker V. Employees
who are appointed to fill the position shall have: (1) An employment history
that demonstrates significant and successful experience in the efficient
investigation and resolution of high-risk or complex cases involving child
abuse and neglect, including child sex abuse cases; (2) advanced education and
training; (3) supervisory experience; (4) a demonstrated commitment to
professional improvement and advancement; and (5) capacity to successfully
provide support and mentoring to coworkers. Social worker V positions shall
not be included in the Washington management service. This classification
shall not have more than twenty-one positions. The department shall perform
the duties assigned under sections 3 through 5 of this act and RCW 41.06.076
within existing personnel resources.
*Sec. 3 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 4.
A new section is added to chapter 43.20A RCW to read as follows:
The
secretary shall establish the most cost-effective and efficient administrative
structure for use of the social worker V positions, consistent with the
requirements of this section. The social worker V employees shall be assigned
by the secretary to regions where the average child protective services'
caseloads exceed the state-wide average, with consideration also given to the
number of high-risk or complex cases in a region, for the purpose of assisting
in the reduction of the caseload, training and mentoring other caseworkers, and
providing hands-on training and assistance in high-risk, complex, or large
cases. The social worker V employees shall be assigned high-risk and complex
cases consistent with their qualifications and the goal of caseload reduction.
They shall carry no more than one-third the average number of cases for social
workers in the region to which they are assigned.
The
social worker V employees shall be assigned to region as a task force
consisting of no less than seven employees. The assignment shall be
time-limited and in no event shall exceed two years in duration in any one
region. Upon completion of the work in the region the task force members shall
continue to remain in contact with the coworkers from the previous assignment
for a period of twelve months to perform additional follow-up and mentoring.
The department shall perform the duties assigned under sections 3 through 5 of
this act and RCW 41.06.076 within existing personnel resources.
*Sec. 4 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 5. A
new section is added to chapter 43.20A RCW to read as follows:
The
secretary shall develop a plan for implementation for the social worker V
employees. The implementation plan shall be submitted to the governor and the
legislature by December 1, 1997. The department shall begin implementation of
the plan beginning April 1, 1998. The department shall perform the duties
assigned under sections 3 through 5 of this act and RCW 41.06.076 within
existing personnel resources.
*NEW
SECTION. Sec. 6.
A new section is added to chapter 43.20A RCW to read as follows:
Sections
2 through 5 of this act expire June 30, 2005.
*Sec. 6 was vetoed. See message at end of chapter.
Sec.
7. RCW
13.34.030 and 1995 c 311 s 23 are each amended to read as follows:
For
purposes of this chapter:
(1)
"Child" and "juvenile" means any individual under the age
of eighteen years.
(2)
"Current placement episode" means the period of time that begins with
the most recent date that the child was removed from the home of the parent,
guardian, or legal custodian for purposes of placement in out-of-home care and
continues until the child returns home, an adoption decree or guardianship
order is entered, or the dependency is dismissed, whichever occurs soonest. If
the most recent date of removal occurred prior to the filing of a dependency
petition under this chapter or after filing but prior to entry of a disposition
order, such time periods shall be included when calculating the length of a
child's current placement episode.
(3)
"Dependency guardian" means the person, nonprofit corporation, or
Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited
purpose of assisting the court in the supervision of the dependency.
(4)
"Dependent child" means any child:
(a)
Who has been abandoned; that is, where the child's parent, guardian, or other
custodian has expressed either by statement or conduct, an intent to forego,
for an extended period, parental rights or parental responsibilities despite an
ability to do so. If the court finds that the petitioner has exercised due
diligence in attempting to locate the parent, no contact between the child and
the child's parent, guardian, or other custodian for a period of three months
creates a rebuttable presumption of abandonment, even if there is no expressed
intent to abandon;
(b)
Who is abused or neglected as defined in chapter 26.44 RCW by a person legally
responsible for the care of the child; or
(c)
Who has no parent, guardian, or custodian capable of adequately caring for the
child, such that the child is in circumstances which constitute a danger of
substantial damage to the child's psychological or physical development((;
or
(d)
Who has a developmental disability, as defined in RCW 71A.10.020 and whose
parent, guardian, or legal custodian together with the department determines
that services appropriate to the child's needs can not be provided in the
home. However, (a), (b), and (c) of this subsection may still be applied if
other reasons for removal of the child from the home exist)).
(5)
"Guardian" means the person or agency that: (a) Has been appointed
as the guardian of a child in a legal proceeding other than a proceeding under
this chapter; and (b) has the legal right to custody of the child pursuant to
such appointment. The term "guardian" shall not include a
"dependency guardian" appointed pursuant to a proceeding under this
chapter.
(6)
"Guardian ad litem" means a person, appointed by the court to
represent the best interest of a child in a proceeding under this chapter, or
in any matter which may be consolidated with a proceeding under this chapter.
A "court-appointed special advocate" appointed by the court to be the
guardian ad litem for the child, or to perform substantially the same duties
and functions as a guardian ad litem, shall be deemed to be guardian ad litem
for all purposes and uses of this chapter.
(7)
"Guardian ad litem program" means a court-authorized volunteer
program, which is or may be established by the superior court of the county in
which such proceeding is filed, to manage all aspects of volunteer guardian ad
litem representation for children alleged or found to be dependent. Such
management shall include but is not limited to: Recruitment, screening,
training, supervision, assignment, and discharge of volunteers.
(8)
"Out-of-home care" means 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.
(9)
"Preventive services" means preservation services, as defined in
chapter 74.14C RCW, and other reasonably available services capable of
preventing the need for out-of-home placement while protecting the child.
*Sec.
8.
RCW 13.34.130 and 1995 c 313 s 2, 1995 c 311 s 19, and 1995 c 53 s 1 are each
reenacted and amended to read as follows:
If,
after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; after consideration of the predisposition report prepared
pursuant to RCW 13.34.110 and after a disposition hearing has been held
pursuant to RCW 13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1)
The court shall order one of the following dispositions of the case:
(a)
Order a disposition other than removal of the child from his or her home, which
shall provide a program designed to alleviate the immediate danger to the
child, to mitigate or cure any damage the child has already suffered, and to
aid the parents so that the child will not be endangered in the future. In
selecting a program, the court should choose those services that least
interfere with family autonomy, provided that the services are adequate to
protect the child.
(b)
Order that the child be removed from his or her home and ordered into the
custody, control, and care of a relative or the department of social and health
services or a licensed child placing agency for placement in a foster family
home or group care facility licensed pursuant to chapter 74.15 RCW or in a home
not required to be licensed pursuant to chapter 74.15 RCW. Unless there is
reasonable cause to believe that the safety or welfare of the child would be
jeopardized or that efforts to reunite the parent and child will be hindered,
such child shall be placed with a person who is related to the child as defined
in RCW 74.15.020(4)(a) and with whom the child has a relationship and is
comfortable, and who is willing and available to care for the child. Placement
of the child with a relative under this subsection shall be given preference by
the court. An order for out-of-home placement may be made only if the court
finds that 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, specifying the services that have been provided to the
child and the child's parent, guardian, or legal custodian, and that preventive
services have been offered or provided and have failed to prevent the need for
out-of-home placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home, and that:
(i)
There is no parent or guardian available to care for such child;
(ii)
The parent, guardian, or legal custodian is not willing to take custody of the
child;
(iii)
The court finds, by clear and convincing evidence, a manifest danger
exists that the child will suffer serious abuse or neglect if the child is not
removed from the home and an order under RCW 26.44.063 would not protect the
child from danger; or
(iv)
The extent of the child's disability is such that the parent, guardian, or
legal custodian is unable to provide the necessary care for the child and the
parent, guardian, or legal custodian has determined that the child would
benefit from placement outside of the home.
(2)
If the court has ordered a child removed from his or her home pursuant to
subsection (1)(b) of this section, the court may order that a petition seeking
termination of the parent and child relationship be filed if the court finds it
is recommended by the supervising agency, that it is in the best interests of
the child and that it is not reasonable to provide further services to reunify
the family because the existence of aggravated circumstances make it unlikely
that services will effectuate the return of the child to the child's parents in
the near future. In determining whether aggravated circumstances exist, the
court shall consider one or more of the following:
(a)
Conviction of the parent of rape of the child in the first, second, or third
degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b)
Conviction of the parent of criminal mistreatment of the child in the first or
second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c)
Conviction of the parent of one of the following assault crimes, when the child
is the victim: Assault in the first or second degree as defined in RCW 9A.36.011
and 9A.36.021 or assault of a child in the first or second degree as defined in
RCW 9A.36.120 or 9A.36.130;
(d)
Conviction of the parent of murder, manslaughter, or homicide by abuse of the
child's other parent, sibling, or another child;
(e)
A finding by a court that a parent is a sexually violent predator as defined in
RCW 71.09.020;
(f)
Failure of the parent to complete available treatment ordered under this
chapter or the equivalent laws of another state, where such failure has
resulted in a prior termination of parental rights to another child and the
parent has failed to effect significant change in the interim.
(3)
Whenever a child is ordered removed from the child's home, the agency charged
with his or her care shall provide the court with:
(a)
A permanency plan of care that shall identify one of the following outcomes as
a primary goal and may identify additional outcomes as alternative goals:
Return of the child to the home of the child's parent, guardian, or legal
custodian; adoption; guardianship; or long-term relative or foster care, until
the child is age eighteen, with a written agreement between the parties and the
care provider; and independent living, if appropriate and if the child is age
sixteen or older. Whenever a permanency plan identifies independent living as
a goal, the plan shall also specifically identify the services that will be
provided to assist the child to make a successful transition from foster care
to independent living. Before the court approves independent living as a
permanency plan of care, the court shall make a finding that the provision of
services to assist the child in making a transition from foster care to
independent living will allow the child to manage his or her financial affairs
and to manage his or her personal, social, educational, and nonfinancial
affairs. The department shall not discharge a child to an independent living
situation before the child is eighteen years of age unless the child becomes
emancipated pursuant to chapter 13.64 RCW.
(b)
Unless the court has ordered, pursuant to subsection (2) of this section, that
a termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to return the child home, and what actions the
agency will take to maintain parent-child ties. All aspects of the plan shall
include the goal of achieving permanence for the child.
(i)
The agency plan shall specify what services the parents will be offered in
order to enable them to resume custody, what requirements the parents must meet
in order to resume custody, and a time limit for each service plan and parental
requirement.
(ii)
The agency shall be required to encourage the maximum parent-child contact
possible, including regular visitation and participation by the parents in the
care of the child while the child is in placement. Visitation may be limited
or denied only if the court determines that such limitation or denial is
necessary to protect the child's health, safety, or welfare.
(iii)
A child shall be placed as close to the child's home as possible, preferably in
the child's own neighborhood, unless the court finds that placement at a
greater distance is necessary to promote the child's or parents' well-being.
(iv)
The agency charged with supervising a child in placement shall provide all
reasonable services that are available within the agency, or within the
community, or those services which the department of social and health services
has existing contracts to purchase. It shall report to the court if it is
unable to provide such services.
(c)
If the court has ordered, pursuant to subsection (2) of this section, that a
termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to achieve permanency for the child, services
to be offered or provided to the child, and, if visitation would be in the best
interests of the child, a recommendation to the court regarding visitation
between parent and child pending a fact-finding hearing on the termination
petition. The agency shall not be required to develop a plan of services for
the parents or provide services to the parents.
(4)
If there is insufficient information at the time of the disposition hearing
upon which to base a determination regarding the suitability of a proposed
placement with a relative, the child shall remain in foster care and the court
shall direct the supervising agency to conduct necessary background
investigations as provided in chapter 74.15 RCW and report the results of such
investigation to the court within thirty days. However, if such relative
appears otherwise suitable and competent to provide care and treatment, the
criminal history background check need not be completed before placement, but
as soon as possible after placement. Any placements with relatives, pursuant
to this section, shall be contingent upon cooperation by the relative with the
agency case plan and compliance with court orders related to the care and
supervision of the child including, but not limited to, court orders regarding
parent-child contacts and any other conditions imposed by the court.
Noncompliance with the case plan or court order shall be grounds for removal of
the child from the relative's home, subject to review by the court.
(5)
Except for children whose cases are reviewed by a citizen review board under
chapter 13.70 RCW, the status of all children found to be dependent shall be
reviewed by the court at least every six months from the beginning date of the
placement episode or the date dependency is established, whichever is first, at
a hearing in which it shall be determined whether court supervision should
continue. The review shall include findings regarding the agency and parental
completion of disposition plan requirements, and if necessary, revised
permanency time limits.
(a)
A child shall not be returned home at the review hearing unless the court finds
that a reason for removal as set forth in this section no longer exists. The
parents, guardian, or legal custodian shall report to the court the efforts
they have made to correct the conditions which led to removal. If a child is
returned, casework supervision shall continue for a period of six months, at
which time there shall be a hearing on the need for continued intervention.
(b)
If the child is not returned home, the court shall establish in writing:
(i)
Whether reasonable services have been provided to or offered to the parties to
facilitate reunion, specifying the services provided or offered;
(ii)
Whether the child has been placed in the least-restrictive setting appropriate
to the child's needs, including whether consideration and preference has been
given to placement with the child's relatives;
(iii)
Whether there is a continuing need for placement and whether the placement is
appropriate;
(iv)
Whether there has been compliance with the case plan by the child, the child's
parents, and the agency supervising the placement;
(v)
Whether progress has been made toward correcting the problems that necessitated
the child's placement in out-of-home care;
(vi)
Whether the parents have visited the child and any reasons why visitation has
not occurred or has been infrequent;
(vii)
Whether additional services are needed to facilitate the return of the child to
the child's parents; if so, the court shall order that reasonable services be
offered specifying such services; and
(viii)
The projected date by which the child will be returned home or other permanent
plan of care will be implemented.
(c)
The court at the review hearing may order that a petition seeking termination
of the parent and child relationship be filed.
*Sec. 8 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 9. As
used in this chapter, "alternative response system" means voluntary
family-centered services that are: (1) Provided by an entity with which the
department contracts; and (2) intended to increase the strengths and
cohesiveness of families that the department determines present a low risk of
child abuse or neglect.
NEW
SECTION. Sec. 10. (1)
The department shall contract for delivery of services for at least two but not
more than three models of alternative response systems. The services shall be
reasonably available throughout the state but need not be sited in every county
in the state, subject to such conditions and limitations as may be specified in
the omnibus appropriations act.
(2)
The systems shall provide delivery of services in the least intrusive manner
reasonably likely to achieve improved family cohesiveness, prevention of rereferrals
of the family for alleged abuse or neglect, and improvement in the health and
safety of children.
(3)
The department shall identify and prioritize risk and protective factors
associated with the type of abuse or neglect referrals that are appropriate for
services delivered by alternative response systems. Contractors who provide
services through an alternative response system shall use the factors in
determining which services to deliver, consistent with the provisions of
subsection (2) of this section.
(4)
Consistent with the provisions of chapter 26.44 RCW, the providers of services
under the alternative response system shall recognize the due process rights of
families that receive such services and recognize that these services are not
intended to be investigative for purposes of chapter 13.34 RCW.
NEW
SECTION. Sec. 11. The
department shall identify appropriate data to determine and evaluate outcomes
of the services delivered by the alternative response systems. All contracts
for delivery of alternative response system services shall include provisions
and funding for data collection.
NEW
SECTION. Sec. 12. (1)
The court may, upon the entry of an order under this chapter, order the
delivery of services through any appropriate public or private provider.
(2)
This section may not be construed as allowing the court to require the
department to pay for the cost of any services provided under this section.
NEW
SECTION. Sec. 13. This
chapter expires July 1, 2005.
*NEW
SECTION. Sec. 14.
The legislature intends to consolidate all
services provided to children with developmental disabilities through the
department of social and health services in the division of developmental
disabilities. The legislature also intends to provide a discrete, separate
process for children with developmental disabilities who require home-based or
out-of-home care that complies with the federal requirements for receipt of
federal funds for services under Title IV-B and Title IV-E of the social
security act. The legislature intends by this act to minimize the
embarrassment and inconvenience of children with developmental disabilities and
their families caused by complying with these federal requirements.
*Sec. 14 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 15. A
new section is added to chapter 74.13 RCW to read as follows:
As
used in this chapter, "developmentally disabled dependent child" is a
child who has a developmental disability as defined in RCW 71A.10.020 and whose
parent, guardian, or legal custodian and with the department mutually agree
that services appropriate to the child's needs can not be provided in the home.
NEW
SECTION. Sec. 16. A
new section is added to chapter 74.13 RCW to read as follows:
It
is the intent of the legislature that parents are responsible for the care and
support of children with developmental disabilities. The legislature
recognizes that, because of the intense support required to care for a child
with developmental disabilities, the help of an out-of-home placement may be
needed. It is the intent of the legislature that, when the sole reason for the
out-of-home placement is the child's developmental disability, such services be
offered by the department to these children and their families through a
voluntary placement agreement. In these cases, the parents shall retain legal
custody of the child.
As
used in this section, "voluntary placement agreement" means a written
agreement between the department and a child's parent or legal guardian
authorizing the department to place the child in a licensed facility. Under
the terms of this agreement, the parent or legal guardian shall retain legal
custody and the department shall be responsible for the child's placement and
care. The agreement shall at a minimum specify the legal status of the child
and the rights and obligations of the parent or legal guardian, the child, and
the department while the child is in placement. The agreement must be signed
by the child's parent or legal guardian and the department to be in effect,
except that an agreement regarding an Indian child shall not be valid unless
executed in writing before the court and filed with the court as provided in
RCW 13.34.245. Any party to a voluntary placement agreement may terminate the
agreement at any time. Upon termination of the agreement, the child shall be
returned to the care of the child's parent or legal guardian unless the child
has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in
shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to
RCW 13.34.130.
As
used in this section, "out-of-home placement" and "out-of-home
care" mean the placement of a child in a foster family home or group care
facility licensed under chapter 74.15 RCW.
Whenever
the department places a child in out-of-home care under a voluntary placement
pursuant to this section, the department shall have the responsibility for the
child's placement and care. The department shall develop a permanency plan of
care for the child no later than sixty days from the date that the department
assumes responsibility for the child's placement and care. Within the first
one hundred eighty days of the placement, the department shall obtain a
judicial determination pursuant to RCW 13.04.030(1)(j) and section 19 of this
act that the placement is in the best interests of the child. The permanency
planning hearings shall review whether the child's best interests are served by
continued out-of-home placement and determine the future legal status of the
child.
The
department shall provide for periodic administrative reviews as required by
federal law. A review may be called at any time by either the department, the
parent, or the legal guardian.
Nothing
in this section shall prevent the department from filing a dependency petition
if there is reason to believe that the child is a dependent child as defined in
RCW 13.34.030.
The
department shall adopt rules providing for the implementation of this act and
the transfer of responsibility for out-of-home placements from the dependency
process under chapter 13.34 RCW to the process under this chapter.
Sec.
17. RCW
13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and
amended to read as follows:
(1)
Except as provided in subsection (2) of this section, the juvenile courts in
the several counties of this state((,)) shall have exclusive original
jurisdiction over all proceedings:
(a)
Under the interstate compact on placement of children as provided in chapter
26.34 RCW;
(b)
Relating to children alleged or found to be dependent as provided in chapter
26.44 RCW and in RCW 13.34.030 through 13.34.170;
(c)
Relating to the termination of a parent and child relationship as provided in
RCW 13.34.180 through 13.34.210;
(d)
To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;
(e)
Relating to juveniles alleged or found to have committed offenses, traffic
infractions, or violations as provided in RCW 13.40.020 through 13.40.230,
unless:
(i)
The juvenile court transfers jurisdiction of a particular juvenile to adult
criminal court pursuant to RCW 13.40.110; or
(ii)
The statute of limitations applicable to adult prosecution for the offense,
traffic infraction, or violation has expired; or
(iii)
The alleged offense or infraction is a traffic, fish, boating, or game offense
or traffic infraction committed by a juvenile sixteen years of age or older and
would, if committed by an adult, be tried or heard in a court of limited
jurisdiction, in which instance the appropriate court of limited jurisdiction
shall have jurisdiction over the alleged offense or infraction: PROVIDED, That
if such an alleged offense or infraction and an alleged offense or infraction
subject to juvenile court jurisdiction arise out of the same event or incident,
the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER,
That the jurisdiction under this subsection does not constitute
"transfer" or a "decline" for purposes of RCW 13.40.110(1)
or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited
jurisdiction which confine juveniles for an alleged offense or infraction may
place juveniles in juvenile detention facilities under an agreement with the
officials responsible for the administration of the juvenile detention facility
in RCW 13.04.035 and 13.20.060; or
(iv)
The juvenile is sixteen or seventeen years old and the alleged offense is: (A)
A serious violent offense as defined in RCW 9.94A.030 committed on or after
June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed
on or after June 13, 1994, and the juvenile has a criminal history consisting
of: (I) One or more prior serious violent offenses; (II) two or more prior
violent offenses; or (III) three or more of any combination of the following
offenses: Any class A felony, any class B felony, vehicular assault, or
manslaughter in the second degree, all of which must have been committed after
the juvenile's thirteenth birthday and prosecuted separately. In such a case
the adult criminal court shall have exclusive original jurisdiction.
If
the juvenile challenges the state's determination of the juvenile's criminal
history, the state may establish the offender's criminal history by a
preponderance of the evidence. If the criminal history consists of
adjudications entered upon a plea of guilty, the state shall not bear a burden
of establishing the knowing and voluntariness of the plea;
(f)
Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(g)
Relating to termination of a diversion agreement under RCW 13.40.080, including
a proceeding in which the divertee has attained eighteen years of age;
(h)
Relating to court validation of a voluntary consent to an out-of-home placement
under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child,
except if the parent or Indian custodian and child are residents of or
domiciled within the boundaries of a federally recognized Indian reservation
over which the tribe exercises exclusive jurisdiction; ((and))
(i)
Relating to petitions to compel disclosure of information filed by the
department of social and health services pursuant to RCW 74.13.042; and
(j)
Relating to judicial determinations and permanency planning hearings involving
developmentally disabled children who have been placed in out-of-home care
pursuant to a voluntary placement agreement between the child's parent,
guardian, or legal custodian and the department of social and health services.
(2)
The family court shall have concurrent original jurisdiction with the juvenile
court over all proceedings under this section if the superior court judges of a
county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3)
A juvenile subject to adult superior court jurisdiction under subsection (1)(e)
(i) through (iv) of this section, who is detained pending trial, may be
detained in a county detention facility as defined in RCW 13.40.020 pending
sentencing or a dismissal.
Sec.
18. RCW
13.34.245 and 1987 c 170 s 2 are each amended to read as follows:
(1)
Where any parent or Indian custodian voluntarily consents to foster care
placement of an Indian child and a petition for dependency has not been filed
regarding the child, such consent shall not be valid unless executed in writing
before the court and filed with the court. The consent shall be accompanied by
the written certification of the court that the terms and consequences of the
consent were fully explained in detail to the parent or Indian custodian during
the court proceeding and were fully understood by the parent or Indian custodian.
The court shall also certify in writing either that the parent or Indian
custodian fully understood the explanation in English or that it was
interpreted into a language that the parent or Indian custodian understood.
Any consent given prior to, or within ten days after, the birth of the Indian
child shall not be valid.
(2)
To obtain court validation of a voluntary consent to foster care placement, any
person may file a petition for validation alleging that there is located or
residing within the county an Indian child whose parent or Indian custodian
wishes to voluntarily consent to foster care placement of the child and
requesting that the court validate the consent as provided in this section.
The petition shall contain the name, date of birth, and residence of the child,
the names and residences of the consenting parent or Indian custodian, and the
name and location of the Indian tribe in which the child is a member or
eligible for membership. The petition shall state whether the placement preferences
of 25 U.S.C. Sec. 1915 (b) or (c) will be followed. Reasonable attempts shall
be made by the petitioner to ascertain and set forth in the petition the
identity, location, and custodial status of any parent or Indian custodian who
has not consented to foster care placement and why that parent or Indian
custodian cannot assume custody of the child.
(3)
Upon filing of the petition for validation, the clerk of the court shall
schedule the petition for a hearing on the court validation of the voluntary
consent no later than forty-eight hours after the petition has been filed,
excluding Saturdays, Sundays, and holidays. Notification of time, date,
location, and purpose of the validation hearing shall be provided as soon as
possible to the consenting parent or Indian custodian, the department or other
child-placing agency which is to assume ((custody of the child)) responsibility
for the child's placement and care pursuant to the consent to foster care
placement, and the Indian tribe in which the child is enrolled or eligible for
enrollment as a member. If the identity and location of any nonconsenting
parent or Indian custodian is known, reasonable attempts shall be made to
notify the parent or Indian custodian of the consent to placement and the validation
hearing. Notification under this subsection may be given by the most expedient
means, including, but not limited to, mail, personal service, telephone, and
telegraph.
(4)
Any parent or Indian custodian may withdraw consent to a voluntary foster care
placement, made under this section, at any time. Unless the Indian child has
been taken in custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter
care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW
13.34.130, the Indian child shall be returned to the parent or Indian custodian
upon withdrawal of consent to foster care placement of the child.
(5)
Upon termination of the voluntary foster care placement and return of the child
to the parent or Indian custodian, the department or other child-placing
agency which had assumed ((custody of the child)) responsibility for
the child's placement and care pursuant to the consent to foster care
placement shall file with the court written notification of the child's return
and shall also send such notification to the Indian tribe in which the child is
enrolled or eligible for enrollment as a member and to any other party to the
validation proceeding including any noncustodial parent.
NEW
SECTION. Sec. 19. A
new section is added to chapter 13.34 RCW to read as follows:
(1)
Whenever the department of social and health services places a developmentally
disabled child in out-of-home care pursuant to section 16 of this act, the
department shall obtain a judicial determination within one hundred eighty days
of the placement that continued placement is in the best interests of the
child.
(2)
To obtain the judicial determination, the department shall file a petition
alleging that there is located or residing within the county a child who has a
developmental disability, as defined in RCW 71A.10.020, and that the child has
been placed in out-of-home care pursuant to section 16 of this act. The
petition shall request that the court review the child's placement, make a
determination that continued placement is in the best interests of the child,
and take other necessary action as provided in this section. The petition
shall contain the name, date of birth, and residence of the child and the names
and residences of the child's parent or legal guardian who has agreed to the
child's placement in out-of-home care. Reasonable attempts shall be made by
the department to ascertain and set forth in the petition the identity,
location, and custodial status of any parent who is not a party to the
placement agreement and why that parent cannot assume custody of the child.
(3)
Upon filing of the petition, the clerk of the court shall schedule the petition
for a hearing to be held no later than fourteen calendar days after the
petition has been filed. The department shall provide notification of the
time, date, and purpose of the hearing to the parent or legal guardian who has
agreed to the child's placement in out-of-home care. The department shall also
make reasonable attempts to notify any parent who is not a party to the
placement agreement, if the parent's identity and location is known.
Notification under this section may be given by the most expedient means,
including but not limited to, mail, personal service, telephone, and telegraph.
(4)
The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100,
unless the court for good cause finds the appointment unnecessary.
(5)
Permanency planning hearings shall be held as provided in this subsection. At
the hearing, the court shall review whether the child's best interests are
served by continued out-of-home placement and determine the future legal status
of the child.
(a)
For children age ten and under, a permanency planning hearing shall be held in
all cases where the child has remained in out-of-home care for at least nine
months and an adoption decree or guardianship order has not previously been
entered. The hearing shall take place no later than twelve months following
commencement of the child's current placement episode.
(b)
For children over age ten, a permanency planning hearing shall be held in all
cases where the child has remained in out-of-home care for at least fifteen
months and an adoption decree or guardianship order has not previously been
entered. The hearing shall take place no later than eighteen months following
commencement of the current placement episode.
(c)
No later than ten working days before the permanency planning hearing, the
department shall submit a written permanency plan to the court and shall mail a
copy of the plan to all parties. The plan shall be directed toward securing a
safe, stable, and permanent home for the child as soon as possible. The plan
shall identify one of the following outcomes as the primary goal and may also
identify additional outcomes as alternative goals: Return of the child to the
home of the child's parent or legal guardian; adoption; guardianship; or
long-term out-of-home care, until the child is age eighteen, with a written
agreement between the parties and the child's care provider.
(d)
If a goal of long-term out-of-home care has been achieved before the permanency
planning hearing, the court shall review the child's status to determine
whether the placement and the plan for the child's care remains appropriate.
In cases where the primary permanency planning goal has not be achieved, the
court shall inquire regarding the reasons why the primary goal has not been
achieved and determine what needs to be done to make it possible to achieve the
primary goal.
(e)
Following the first permanency planning hearing, the court shall hold a further
permanency planning hearing in accordance with this section at least once every
twelve months until a permanency planning goal is achieved or the voluntary
placement agreement is terminated.
(6)
Any party to the voluntary placement agreement may terminate the agreement at
any time. Upon termination of the agreement, the child shall be returned to
the care of the child's parent or legal guardian, unless the child has been
taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter
care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW
13.34.130. The department shall notify the court upon termination of the
voluntary placement agreement and return of the child to the care of the
child's parent or legal guardian. Whenever a voluntary placement agreement is
terminated, an action under this section shall be dismissed.
(7)
This section does not prevent the department from filing a dependency petition
if there is reason to believe that the child is a dependent child as defined in
RCW 13.34.030. An action filed under this section shall be dismissed upon the
filing of a dependency petition regarding a child who is the subject of the
action under this section.
*NEW
SECTION. Sec. 20.
A new section is added to chapter 71A.10 RCW to read as follows:
The
department shall consolidate all services provided through the department to
children with developmental disabilities in the division of developmental
disabilities. The department shall provide for an orderly transfer of staff,
equipment, and related responsibilities from the division of children and
family services to the division of developmental disabilities. The division of
developmental disabilities shall assume responsibilities for children with
developmental disabilities under this section no later than April 1, 1998. Any
disputes between the division of children and family services and the division
of developmental disabilities regarding the transfer of responsibilities under
this section shall be resolved by the secretary of the department of social and
health services.
*Sec. 20 was vetoed. See message at end of chapter.
Sec.
21. RCW
13.50.010 and 1996 c 232 s 6 are each amended to read as follows:
(1)
For purposes of this chapter:
(a)
"Juvenile justice or care agency" means any of the following:
Police, diversion units, court, prosecuting attorney, defense attorney,
detention center, attorney general, the legislative children's oversight
committee, the office of family and children's ombudsman, the department of
social and health services and its contracting agencies, schools; and, in
addition, persons or public or private agencies having children committed to
their custody;
(b)
"Official juvenile court file" means the legal file of the juvenile
court containing the petition or information, motions, memorandums, briefs,
findings of the court, and court orders;
(c)
"Social file" means the juvenile court file containing the records
and reports of the probation counselor;
(d)
"Records" means the official juvenile court file, the social file,
and records of any other juvenile justice or care agency in the case.
(2)
Each petition or information filed with the court may include only one juvenile
and each petition or information shall be filed under a separate docket
number. The social file shall be filed separately from the official juvenile
court file.
(3)
It is the duty of any juvenile justice or care agency to maintain accurate
records. To this end:
(a)
The agency may never knowingly record inaccurate information. Any information
in records maintained by the department of social and health services relating
to a petition filed pursuant to chapter 13.34 RCW that is found by the court,
upon proof presented, to be false or inaccurate shall be corrected or expunged
from such records by the agency;
(b)
An agency shall take reasonable steps to assure the security of its records and
prevent tampering with them; and
(c)
An agency shall make reasonable efforts to insure the completeness of its
records, including action taken by other agencies with respect to matters in
its files.
(4)
Each juvenile justice or care agency shall implement procedures consistent with
the provisions of this chapter to facilitate inquiries concerning records.
(5)
Any person who has reasonable cause to believe information concerning that
person is included in the records of a juvenile justice or care agency and who
has been denied access to those records by the agency may make a motion to the
court for an order authorizing that person to inspect the juvenile justice or
care agency record concerning that person. The court shall grant the motion to
examine records unless it finds that in the interests of justice or in the best
interests of the juvenile the records or parts of them should remain
confidential.
(6)
A juvenile, or his or her parents, or any person who has reasonable cause to
believe information concerning that person is included in the records of a
juvenile justice or care agency may make a motion to the court challenging the
accuracy of any information concerning the moving party in the record or
challenging the continued possession of the record by the agency. If the court
grants the motion, it shall order the record or information to be corrected or
destroyed.
(7)
The person making a motion under subsection (5) or (6) of this section shall
give reasonable notice of the motion to all parties to the original action and
to any agency whose records will be affected by the motion.
(8)
The court may permit inspection of records by, or release of information to,
any clinic, hospital, or agency which has the subject person under care or
treatment. The court may also permit inspection by or release to individuals
or agencies, including juvenile justice advisory committees of county law and
justice councils, engaged in legitimate research for educational, scientific,
or public purposes. The court may also permit inspection of, or release of
information from, records which have been sealed pursuant to RCW
13.50.050(11). The court shall release to the sentencing guidelines commission
records needed for its research and data-gathering functions under RCW
9.94A.040 and other statutes. Access to records or information for research
purposes shall be permitted only if the anonymity of all persons mentioned in
the records or information will be preserved. Each person granted permission
to inspect juvenile justice or care agency records for research purposes shall
present a notarized statement to the court stating that the names of juveniles
and parents will remain confidential.
(9)
Juvenile detention facilities shall release records to the sentencing
guidelines commission under RCW 13.40.025 and 9.94A.040 upon request. The
commission shall not disclose the names of any juveniles or parents mentioned
in the records without the named individual's written permission.
(10)
Requirements in this chapter relating to the court's authority to compel
disclosure shall not apply to the legislative children's oversight committee or
the office of the family and children's ombudsman.
Sec.
22. RCW
13.50.100 and 1995 c 311 s 16 are each amended to read as follows:
(1)
This section governs records not covered by RCW 13.50.050.
(2)
Records covered by this section shall be confidential and shall be released
only pursuant to this section and RCW 13.50.010.
(3)
Records retained or produced by any juvenile justice or care agency may be
released to other participants in the juvenile justice or care system only when
an investigation or case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned the
responsibility of supervising the juvenile. Records covered under this section
and maintained by the juvenile courts which relate to the official actions of
the agency may be entered in the state-wide juvenile court information system.
(4)
A juvenile, his or her parents, the juvenile's attorney and the juvenile's
parent's attorney, shall, upon request, be given access to all records and
information collected or retained by a juvenile justice or care agency which
pertain to the juvenile except:
(a)
If it is determined by the agency that release of this information is likely to
cause severe psychological or physical harm to the juvenile or his or her
parents the agency may withhold the information subject to other order of the
court: PROVIDED, That if the court determines that limited release of the information
is appropriate, the court may specify terms and conditions for the release of
the information; or
(b)
If the information or record has been obtained by a juvenile justice or care
agency in connection with the provision of counseling, psychological,
psychiatric, or medical services to the juvenile, when the services have been
sought voluntarily by the juvenile, and the juvenile has a legal right to
receive those services without the consent of any person or agency, then the
information or record may not be disclosed to the juvenile's parents without
the informed consent of the juvenile unless otherwise authorized by law; or
(c)
That the department of social and health services may delete the name and
identifying information regarding persons or organizations who have reported ((suspected))
alleged child abuse or neglect.
(5)
A juvenile or his or her parent denied access to any records following an
agency determination under subsection (4) of this section may file a motion in
juvenile court requesting access to the records. The court shall grant the
motion unless it finds access may not be permitted according to the standards
found in subsections (4) (a) and (b) of this section.
(6)
The person making a motion under subsection (5) of this section shall give
reasonable notice of the motion to all parties to the original action and to
any agency whose records will be affected by the motion.
(7)
Subject to the rules of discovery in civil cases, any party to a proceeding
seeking a declaration of dependency or a termination of the parent-child
relationship and any party's counsel and the guardian ad litem of any party,
shall have access to the records of any natural or adoptive child of the
parent, subject to the limitations in subsection (4) of this section. A
party denied access to records may request judicial review of the denial. If
the party prevails, he or she shall be awarded attorneys' fees, costs, and an
amount not less than five dollars and not more than one hundred dollars for
each day the records were wrongfully denied.
Sec.
23. RCW
26.44.015 and 1993 c 412 s 11 are each amended to read as follows:
(1)
This chapter shall not be construed to authorize interference with
child-raising practices, including reasonable parental discipline, which are
not injurious to the child's health, welfare, and safety.
(2)
Nothing in this chapter may be used to prohibit the reasonable use of corporal
punishment as a means of discipline.
(3)
No parent or guardian may be deemed abusive or neglectful solely by reason of
the parent's or child's blindness, deafness, developmental disability, or other
handicap.
(4)
A person reporting alleged injury, abuse, or neglect to an adult
dependent person shall not suffer negative consequences if the person reporting
believes in good faith that the adult dependent person has been found legally
incompetent or disabled.
Sec.
24. RCW
26.44.020 and 1996 c 178 s 10 are each amended to read as follows:
For
the purpose of and as used in this chapter:
(1)
"Court" means the superior court of the state of Washington, juvenile
department.
(2)
"Law enforcement agency" means the police department, the prosecuting
attorney, the state patrol, the director of public safety, or the office of the
sheriff.
(3)
"Practitioner of the healing arts" or "practitioner" means
a person licensed by this state to practice podiatric medicine and surgery,
optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery,
or medicine and surgery or to provide other health services. The term
"practitioner" shall include a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being furnished
Christian Science treatment by a duly accredited Christian Science practitioner
shall not be considered, for that reason alone, a neglected person for the
purposes of this chapter.
(4)
"Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
(5)
"Department" means the state department of social and health
services.
(6)
"Child" or "children" means any person under the age of
eighteen years of age.
(7)
"Professional school personnel" shall include, but not be limited to,
teachers, counselors, administrators, child care facility personnel, and school
nurses.
(8)
"Social service counselor" shall mean anyone engaged in a
professional capacity during the regular course of employment in encouraging or
promoting the health, welfare, support or education of children, or providing
social services to adults or families, including mental health, drug and
alcohol treatment, and domestic violence programs, whether in an individual
capacity, or as an employee or agent of any public or private organization or
institution.
(9)
"Psychologist" shall mean any person licensed to practice psychology
under chapter 18.83 RCW, whether acting in an individual capacity or as an
employee or agent of any public or private organization or institution.
(10)
"Pharmacist" shall mean any registered pharmacist under the
provisions of chapter 18.64 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or institution.
(11)
"Clergy" shall mean any regularly licensed or ordained minister,
priest or rabbi of any church or religious denomination, whether acting in an
individual capacity or as an employee or agent of any public or private organization
or institution.
(12)
"Abuse or neglect" shall mean the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child, adult dependent,
or developmentally disabled person by any person under circumstances which
indicate that the child's or adult's health, welfare, and safety is harmed,
excluding conduct permitted under RCW 9A.16.100. An abused child is a
child who has been subjected to child abuse or neglect as defined herein.
(13)
"Child protective services section" shall mean the child protective
services section of the department.
(14)
"Adult dependent persons" shall be defined as those persons over the
age of eighteen years who have been found to be legally incompetent or disabled
pursuant to chapter 11.88 RCW.
(15)
"Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b) allowing,
permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child by any person.
(16)
"Negligent treatment or maltreatment" means an act or omission which
evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to the child's health, welfare, and
safety.
(17)
"Developmentally disabled person" means a person who has a disability
defined in RCW 71A.10.020.
(18)
"Child protective services" means those services provided by the
department designed to protect children from child abuse and neglect and
safeguard the general welfare of such children and shall include investigations
of child abuse and neglect reports, including reports regarding child care
centers and family child care homes, and the development, management, and
provision of or referral to services to ameliorate conditions which endanger
the welfare of children, the coordination of necessary programs and services
relevant to the prevention, intervention, and treatment of child abuse and
neglect, and services to children to ensure that each child has a permanent
home. In determining whether protective services should be provided, the
department shall not decline to provide such services solely because of the
child's unwillingness or developmental inability to describe the nature and
severity of the abuse or neglect.
(19)
"Malice" or "maliciously" means an evil intent, wish, or
design to vex, annoy, or injure another person. Such malice may be inferred
from an act done in wilful disregard of the rights of another, or an act
wrongfully done without just cause or excuse, or an act or omission of duty
betraying a wilful disregard of social duty.
(20)
"Sexually aggressive youth" means a child who is defined in RCW
74.13.075(1)(b) as being a "sexually aggressive youth."
Sec.
25. RCW
26.44.030 and 1996 c 278 s 2 are each amended to read as follows:
(1)(a)
When any practitioner, county coroner or medical examiner, law enforcement
officer, professional school personnel, registered or licensed nurse, social
service counselor, psychologist, pharmacist, licensed or certified child care
providers or their employees, employee of the department, ((or))
juvenile probation officer, or state family and children's ombudsman or any
volunteer in the ombudsman's office has reasonable cause to believe that a
child or adult dependent or developmentally disabled person, has suffered abuse
or neglect, he or she shall report such incident, or cause a report to be made,
to the proper law enforcement agency or to the department as provided in RCW
26.44.040.
(b)
The reporting requirement shall also apply to department of corrections
personnel who, in the course of their employment, observe offenders or the
children with whom the offenders are in contact. If, as a result of
observations or information received in the course of his or her employment,
any department of corrections personnel has reasonable cause to believe that a
child or adult dependent or developmentally disabled person has suffered abuse
or neglect, he or she shall report the incident, or cause a report to be made,
to the proper law enforcement agency or to the department as provided in RCW
26.44.040.
(c)
The reporting requirement shall also apply to any adult who has reasonable
cause to believe that a child or adult dependent or developmentally disabled
person, who resides with them, has suffered severe abuse, and is able or
capable of making a report. For the purposes of this subsection, "severe
abuse" means any of the following: Any single act of abuse that causes
physical trauma of sufficient severity that, if left untreated, could cause
death; any single act of sexual abuse that causes significant bleeding, deep
bruising, or significant external or internal swelling; or more than one act of
physical abuse, each of which causes bleeding, deep bruising, significant
external or internal swelling, bone fracture, or unconsciousness.
(d)
The report shall be made at the first opportunity, but in no case longer than
forty-eight hours after there is reasonable cause to believe that the child or
adult has suffered abuse or neglect. The report shall include the identity of
the accused if known.
(2)
The reporting requirement of subsection (1) of this section does not apply to
the discovery of abuse or neglect that occurred during childhood if it is
discovered after the child has become an adult. However, if there is
reasonable cause to believe other children, dependent adults, or
developmentally disabled persons are or may be at risk of abuse or neglect by
the accused, the reporting requirement of subsection (1) of this section shall
apply.
(3)
Any other person who has reasonable cause to believe that a child or adult
dependent or developmentally disabled person has suffered abuse or neglect may
report such incident to the proper law enforcement agency or to the department
of social and health services as provided in RCW 26.44.040.
(4)
The department, upon receiving a report of an incident of alleged abuse
or neglect pursuant to this chapter, involving a child or adult dependent or
developmentally disabled person who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental means or who has
been subjected to alleged sexual abuse, shall report such incident to
the proper law enforcement agency. In emergency cases, where the child, adult
dependent, or developmentally disabled person's welfare is endangered, the
department shall notify the proper law enforcement agency within twenty-four
hours after a report is received by the department. In all other cases, the
department shall notify the law enforcement agency within seventy-two hours
after a report is received by the department. If the department makes an oral
report, a written report shall also be made to the proper law enforcement
agency within five days thereafter.
(5)
Any law enforcement agency receiving a report of an incident of alleged
abuse or neglect pursuant to this chapter, involving a child or adult dependent
or developmentally disabled person who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental means, or who has
been subjected to alleged sexual abuse, shall report such incident in
writing as provided in RCW 26.44.040 to the proper county prosecutor or city
attorney for appropriate action whenever the law enforcement agency's
investigation reveals that a crime may have been committed. The law
enforcement agency shall also notify the department of all reports received and
the law enforcement agency's disposition of them. In emergency cases, where
the child, adult dependent, or developmentally disabled person's welfare is
endangered, the law enforcement agency shall notify the department within
twenty-four hours. In all other cases, the law enforcement agency shall notify
the department within seventy-two hours after a report is received by the law
enforcement agency.
(6)
Any county prosecutor or city attorney receiving a report under subsection (5)
of this section shall notify the victim, any persons the victim requests, and
the local office of the department, of the decision to charge or decline to
charge a crime, within five days of making the decision.
(7)
The department may conduct ongoing case planning and consultation with those
persons or agencies required to report under this section, with consultants
designated by the department, and with designated representatives of Washington
Indian tribes if the client information exchanged is pertinent to cases
currently receiving child protective services or department case services for
the developmentally disabled. Upon request, the department shall conduct such
planning and consultation with those persons required to report under this
section if the department determines it is in the best interests of the child
or developmentally disabled person. Information considered privileged by
statute and not directly related to reports required by this section shall not
be divulged without a valid written waiver of the privilege.
(8)
Any case referred to the department by a physician licensed under chapter 18.57
or 18.71 RCW on the basis of an expert medical opinion that child abuse,
neglect, or sexual assault has occurred and that the child's safety will be
seriously endangered if returned home, the department shall file a dependency
petition unless a second licensed physician of the parents' choice believes
that such expert medical opinion is incorrect. If the parents fail to
designate a second physician, the department may make the selection. If a
physician finds that a child has suffered abuse or neglect but that such abuse
or neglect does not constitute imminent danger to the child's health or safety,
and the department agrees with the physician's assessment, the child may be
left in the parents' home while the department proceeds with reasonable efforts
to remedy parenting deficiencies.
(9)
Persons or agencies exchanging information under subsection (7) of this section
shall not further disseminate or release the information except as authorized
by state or federal statute. Violation of this subsection is a misdemeanor.
(10)
Upon receiving reports of alleged abuse or neglect, the department or
law enforcement agency may interview children. The interviews may be conducted
on school premises, at day-care facilities, at the child's home, or at other
suitable locations outside of the presence of parents. Parental notification
of the interview shall occur at the earliest possible point in the
investigation that will not jeopardize the safety or protection of the child or
the course of the investigation. Prior to commencing the interview the
department or law enforcement agency shall determine whether the child wishes a
third party to be present for the interview and, if so, shall make reasonable
efforts to accommodate the child's wishes. Unless the child objects, the
department or law enforcement agency shall make reasonable efforts to include a
third party in any interview so long as the presence of the third party will
not jeopardize the course of the investigation.
(11)
Upon receiving a report of alleged child abuse and neglect, the
department or investigating law enforcement agency shall have access to all
relevant records of the child in the possession of mandated reporters and their
employees.
(12)
The department shall maintain investigation records and conduct timely and
periodic reviews of all cases constituting abuse and neglect. The department
shall maintain a log of screened-out nonabusive cases.
(13)
The department shall use a risk assessment process when investigating alleged
child abuse and neglect referrals. The department shall present the risk
factors at all hearings in which the placement of a dependent child is an
issue. The department shall, within funds appropriated for this purpose, offer
enhanced community-based services to persons who are determined not to require
further state intervention.
The
department shall provide annual reports to the legislature on the effectiveness
of the risk assessment process.
(14)
Upon receipt of a report of alleged abuse or neglect the law enforcement
agency may arrange to interview the person making the report and any collateral
sources to determine if any malice is involved in the reporting.
(15)
The department shall make reasonable efforts to learn the name, address, and
telephone number of each person making a report of abuse or neglect under this
section. The department shall provide assurances of appropriate
confidentiality of the identification of persons reporting under this section.
If the department is unable to learn the information required under this
subsection, the department shall only investigate cases in which: (a) The
department believes there is a serious threat of substantial harm to the child;
(b) the report indicates conduct involving a criminal offense that has, or is
about to occur, in which the child is the victim; or (c) the department has,
after investigation, a report of abuse or neglect that has been founded with
regard to a member of the household within three years of receipt of the
referral.
Sec.
26. RCW
26.44.035 and 1985 c 259 s 3 are each amended to read as follows:
If
the department or a law enforcement agency responds to a complaint of alleged
child abuse or neglect and discovers that another agency has also responded to
the complaint, the agency shall notify the other agency of their presence, and
the agencies shall coordinate the investigation and keep each other apprised of
progress.
The
department, each law enforcement agency, each county prosecuting attorney, each
city attorney, and each court shall make as soon as practicable a written
record and shall maintain records of all incidents of suspected child abuse
reported to that person or agency. Records kept under this section shall be
identifiable by means of an agency code for child abuse.
Sec.
27. RCW
26.44.040 and 1993 c 412 s 14 are each amended to read as follows:
An
immediate oral report shall be made by telephone or otherwise to the proper law
enforcement agency or the department of social and health services and, upon
request, shall be followed by a report in writing. Such reports shall contain
the following information, if known:
(1)
The name, address, and age of the child or adult dependent or developmentally
disabled person;
(2)
The name and address of the child's parents, stepparents, guardians, or other
persons having custody of the child or the residence of the adult dependent or
developmentally disabled person;
(3)
The nature and extent of the alleged injury or injuries;
(4)
The nature and extent of the alleged neglect;
(5)
The nature and extent of the alleged sexual abuse;
(6)
Any evidence of previous injuries, including their nature and extent; and
(7)
Any other information which may be helpful in establishing the cause of the
child's or adult dependent or developmentally disabled person's death, injury,
or injuries and the identity of the alleged perpetrator or perpetrators.
Sec.
28. RCW
26.44.053 and 1996 c 249 s 16 are each amended to read as follows:
(1)
In any judicial proceeding under this chapter or chapter 13.34 RCW in which it
is alleged that a child has been subjected to child abuse or neglect, the court
shall appoint a guardian ad litem for the child as provided in chapter 13.34
RCW. The requirement of a guardian ad litem may be deemed satisfied if the
child is represented by counsel in the proceedings.
(2)
At any time prior to or during a hearing in such a case, the court may, on its
own motion, or the motion of the guardian ad litem, or other parties, order the
examination by a physician, psychologist, or psychiatrist, of any parent or
child or other person having custody of the child at the time of the alleged
child abuse or neglect, if the court finds such an examination is necessary to
the proper determination of the case. The hearing may be continued pending the
completion of such examination. The physician, psychologist, or psychiatrist
conducting such an examination may be required to testify concerning the
results of such examination and may be asked to give his or her opinion as to
whether the protection of the child requires that he or she not be returned to
the custody of his or her parents or other persons having custody of him or her
at the time of the alleged child abuse or neglect. Persons so testifying shall
be subject to cross-examination as are other witnesses. No information given
at any such examination of the parent or any other person having custody of the
child may be used against such person in any subsequent criminal proceedings
against such person or custodian concerning the alleged abuse or neglect
of the child.
(3)
A parent or other person having legal custody of a child alleged to be abused
or neglected shall be a party to any proceeding that may impair or impede such
person's interest in and custody or control of the child.
Sec.
29. RCW
26.44.060 and 1988 c 142 s 3 are each amended to read as follows:
(1)(a)
Except as provided in (b) of this subsection, any person participating in good
faith in the making of a report pursuant to this chapter or testifying as to
alleged child abuse or neglect in a judicial proceeding shall in so doing be
immune from any liability arising out of such reporting or testifying under any
law of this state or its political subdivisions.
(b)
A person convicted of a violation of subsection (4) of this section shall not
be immune from liability under (a) of this subsection.
(2)
An administrator of a hospital or similar institution or any physician licensed
pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to
RCW 26.44.056 shall not be subject to criminal or civil liability for such
taking into custody.
(3)
Conduct conforming with the reporting requirements of this chapter shall not be
deemed a violation of the confidential communication privilege of RCW 5.60.060
(3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be
construed as to supersede or abridge remedies provided in chapter 4.92 RCW.
(4)
A person who, intentionally and in bad faith or maliciously, knowingly makes a
false report of alleged abuse or neglect shall be guilty of a
misdemeanor punishable in accordance with RCW 9A.20.021.
Sec.
30. RCW
70.124.040 and 1981 c 174 s 4 are each amended to read as follows:
(1)
Where a report is deemed warranted under RCW 70.124.030, an immediate oral
report shall be made by telephone or otherwise to either a law enforcement
agency or to the department and, upon request, shall be followed by a report in
writing. The reports shall contain the following information, if known:
(a)
The name and address of the person making the report;
(b)
The name and address of the nursing home or state hospital patient;
(c)
The name and address of the patient's relatives having responsibility for the
patient;
(d)
The nature and extent of the alleged injury or injuries;
(e)
The nature and extent of the alleged neglect;
(f)
The nature and extent of the alleged sexual abuse;
(g)
Any evidence of previous injuries, including their nature and extent; and
(h)
Any other information which may be helpful in establishing the cause of the
patient's death, injury, or injuries, and the identity of the perpetrator or
perpetrators.
(2)
Each law enforcement agency receiving such a report shall, in addition to
taking the action required by RCW 70.124.050, immediately relay the report to
the department and to other law enforcement agencies, as appropriate. For any
report it receives, the department shall likewise take the required action and
in addition relay the report to the appropriate law enforcement agency or
agencies. The appropriate law enforcement agency or agencies shall receive
immediate notification when the department, upon receipt of such report, has
reasonable cause to believe that a criminal act has been committed.
Sec.
31. RCW
70.129.030 and 1994 c 214 s 4 are each amended to read as follows:
(1)
The facility must inform the resident both orally and in writing in a language
that the resident understands of his or her rights and all rules and
regulations governing resident conduct and responsibilities during the stay in
the facility. The notification must be made prior to or upon admission.
Receipt of the information must be acknowledged in writing.
(2)
The resident or his or her legal representative has the right:
(a)
Upon an oral or written request, to access all records pertaining to himself or
herself including clinical records within twenty-four hours; and
(b)
After receipt of his or her records for inspection, to purchase at a cost not
to exceed the community standard photocopies of the records or portions of them
upon request and two working days' advance notice to the facility.
(3)
The facility must inform each resident in writing before, or at the time of
admission, and at least once every twenty-four months thereafter of: (a) Services
available in the facility; (b) charges for those services including charges for
services not covered by the facility's per diem rate or applicable public
benefit programs; and (c) the rules of operations required under RCW
70.129.140(2).
(4)
The facility must furnish a written description of residents rights that
includes:
(a)
A description of the manner of protecting personal funds, under RCW 70.129.040;
(b)
A posting of names, addresses, and telephone numbers of the state survey and
certification agency, the state licensure office, the state ombudsmen program,
and the protection and advocacy systems; and
(c)
A statement that the resident may file a complaint with the appropriate state
licensing agency concerning alleged resident abuse, neglect, and
misappropriation of resident property in the facility.
(5)
Notification of changes.
(a)
A facility must immediately consult with the resident's physician, and if
known, make reasonable efforts to notify the resident's legal representative or
an interested family member when there is:
(i)
An accident involving the resident which requires or has the potential for
requiring physician intervention;
(ii)
A significant change in the resident's physical, mental, or psychosocial status
(i.e., a deterioration in health, mental, or psychosocial status in either
life-threatening conditions or clinical complications).
(b)
The facility must promptly notify the resident or the resident's representative
shall make reasonable efforts to notify an interested family member, if known,
when there is:
(i)
A change in room or roommate assignment; or
(ii)
A decision to transfer or discharge the resident from the facility.
(c)
The facility must record and update the address and phone number of the
resident's representative or interested family member, upon receipt of notice
from them.
Sec.
32. RCW
74.13.031 and 1995 c 191 s 1 are each amended to read as follows:
The
department shall have the duty to provide child welfare services as defined in
RCW 74.13.020, and shall:
(1)
Develop, administer, supervise, and monitor a coordinated and comprehensive
plan that establishes, aids, and strengthens services for the protection and
care of homeless, runaway, dependent, or neglected children.
(2)
Develop a recruiting plan for recruiting an adequate number of prospective
adoptive and foster homes, both regular and specialized, i.e. homes for
children of ethnic minority, including Indian homes for Indian children,
sibling groups, handicapped and emotionally disturbed, and annually submit the
plan for review to the house and senate committees on social and health
services. The plan shall include a section entitled "Foster Home
Turn-Over, Causes and Recommendations."
(3)
Investigate complaints of alleged neglect, abuse, or abandonment of
children, and on the basis of the findings of such investigation, offer child
welfare services in relation to the problem to such parents, legal custodians,
or persons serving in loco parentis, and/or bring the situation to the
attention of an appropriate court, or another community agency: PROVIDED, That
an investigation is not required of nonaccidental injuries which are clearly
not the result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation reveals
that a crime may have been committed, the department shall notify the
appropriate law enforcement agency.
(4)
Offer, on a voluntary basis, family reconciliation services to families who are
in conflict.
(5)
Monitor out-of-home placements, on a timely and routine basis, to assure the
safety, well-being, and quality of care being provided is within the scope of
the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and
annually submit a report delineating the results to the house and senate
committees on social and health services.
(6)
Have authority to accept custody of children from parents and to accept custody
of children from juvenile courts, where authorized to do so under law, to
provide child welfare services including placement for adoption, and to provide
for the physical care of such children and make payment of maintenance costs if
needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no
private adoption agency which receives children for adoption from the
department shall discriminate on the basis of race, creed, or color when
considering applications in their placement for adoption.
(7)
Have authority to provide temporary shelter to children who have run away from
home and who are admitted to crisis residential centers.
(8)
Have authority to purchase care for children; and shall follow in general the
policy of using properly approved private agency services for the actual care
and supervision of such children insofar as they are available, paying for care
of such children as are accepted by the department as eligible for support at
reasonable rates established by the department.
(9)
Establish a children's services advisory committee which shall assist the
secretary in the development of a partnership plan for utilizing resources of
the public and private sectors, and advise on all matters pertaining to child
welfare, licensing of child care agencies, adoption, and services related
thereto. At least one member shall represent the adoption community.
(10)
Have authority to provide continued foster care or group care for individuals
from eighteen through twenty years of age to enable them to complete their high
school or vocational school program.
(11)
Have authority within funds appropriated for foster care services to purchase
care for Indian children who are in the custody of a federally recognized
Indian tribe or tribally licensed child-placing agency pursuant to parental
consent, tribal court order, or state juvenile court order; and the purchase of
such care shall be subject to the same eligibility standards and rates of
support applicable to other children for whom the department purchases care.
Notwithstanding
any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through
74.13.036, or of this section all services to be provided by the department of
social and health services under subsections (4), (6), and (7) of this section,
subject to the limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the federal
juvenile justice and delinquency prevention act of 1974.
Sec.
33. RCW
74.15.030 and 1995 c 302 s 4 are each amended to read as follows:
The
secretary shall have the power and it shall be the secretary's duty:
(1)
In consultation with the children's services advisory committee, and with the
advice and assistance of persons representative of the various type agencies to
be licensed, to designate categories of facilities for which separate or
different requirements shall be developed as may be appropriate whether because
of variations in the ages, sex and other characteristics of persons served, variations
in the purposes and services offered or size or structure of the agencies to be
licensed hereunder, or because of any other factor relevant thereto;
(2)
In consultation with the children's services advisory committee, and with the
advice and assistance of persons representative of the various type agencies to
be licensed, to adopt and publish minimum requirements for licensing applicable
to each of the various categories of agencies to be licensed.
The
minimum requirements shall be limited to:
(a)
The size and suitability of a facility and the plan of operation for carrying
out the purpose for which an applicant seeks a license;
(b)
The character, suitability and competence of an agency and other persons
associated with an agency directly responsible for the care and treatment of
children, expectant mothers or developmentally disabled persons. In
consultation with law enforcement personnel, the secretary shall investigate
the conviction record or pending charges and dependency record information
under chapter 43.43 RCW of each agency and its staff seeking licensure or
relicensure. In order to determine the suitability of applicants for an agency
license, licensees, their employees, and other persons who have unsupervised
access to children in care, and who have not resided in the state of Washington
during the three-year period before being authorized to care for children shall
be fingerprinted. The fingerprints shall be forwarded to the Washington state
patrol and federal bureau of investigation for a criminal history records
check. The fingerprint criminal history records checks will be at the expense
of the licensee except that in the case of a foster family home, if this
expense would work a hardship on the licensee, the department shall pay the
expense. The licensee may not pass this cost on to the employee or prospective
employee, unless the employee is determined to be unsuitable due to his or her
criminal history record. The secretary shall use the information solely for
the purpose of determining eligibility for a license and for determining the
character, suitability, and competence of those persons or agencies, excluding
parents, not required to be licensed who are authorized to care for children,
expectant mothers, and developmentally disabled persons. Criminal justice
agencies shall provide the secretary such information as they may have and that
the secretary may require for such purpose;
(c)
The number of qualified persons required to render the type of care and
treatment for which an agency seeks a license;
(d)
The safety, cleanliness, and general adequacy of the premises to provide for
the comfort, care and well-being of children, expectant mothers or
developmentally disabled persons;
(e)
The provision of necessary care, including food, clothing, supervision and
discipline; physical, mental and social well-being; and educational,
recreational and spiritual opportunities for those served;
(f)
The financial ability of an agency to comply with minimum requirements
established pursuant to chapter 74.15 RCW and RCW 74.13.031; and
(g)
The maintenance of records pertaining to the admission, progress, health and
discharge of persons served;
(3)
To investigate any person, including relatives by blood or marriage except for
parents, for character, suitability, and competence in the care and treatment
of children, expectant mothers, and developmentally disabled persons prior to
authorizing that person to care for children, expectant mothers, and
developmentally disabled persons. However, if a child is placed with a
relative under RCW 13.34.060 or 13.34.130, and if such relative appears
otherwise suitable and competent to provide care and treatment the criminal
history background check required by this section need not be completed before
placement, but shall be completed as soon as possible after placement;
(4)
On reports of alleged child abuse and neglect, to investigate agencies
in accordance with chapter 26.44 RCW, including child day-care centers and
family day-care homes, to determine whether the alleged abuse or neglect
has occurred, and whether child protective services or referral to a law
enforcement agency is appropriate;
(5)
To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW
and RCW 74.13.031. Licenses shall specify the category of care which an agency
is authorized to render and the ages, sex and number of persons to be served;
(6)
To prescribe the procedures and the form and contents of reports necessary for
the administration of chapter 74.15 RCW and RCW 74.13.031 and to require
regular reports from each licensee;
(7)
To inspect agencies periodically to determine whether or not there is
compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements
adopted hereunder;
(8)
To review requirements adopted hereunder at least every two years and to adopt
appropriate changes after consultation with the child care coordinating
committee and other affected groups for child day-care requirements and with
the children's services advisory committee for requirements for other agencies;
and
(9)
To consult with public and private agencies in order to help them improve their
methods and facilities for the care of children, expectant mothers and
developmentally disabled persons.
Sec.
34. RCW
74.34.050 and 1986 c 187 s 3 are each amended to read as follows:
(1)
A person participating in good faith in making a report under this chapter or
testifying about ((the)) alleged abuse, neglect, abandonment, or
exploitation of a vulnerable adult in a judicial proceeding under this chapter
is immune from liability resulting from the report or testimony. The making of
permissive reports as allowed in RCW 74.34.030 does not create any duty to
report and no civil liability shall attach for any failure to make a permissive
report under RCW 74.34.030.
(2)
Conduct conforming with the reporting and testifying provisions of this chapter
shall not be deemed a violation of any confidential communication privilege.
Nothing in this chapter shall be construed as superseding or abridging remedies
provided in chapter 4.92 RCW.
Sec.
35. RCW
74.34.070 and 1995 1st sp.s. c 18 s 87 are each amended to read as follows:
In
responding to reports of alleged abuse, exploitation, neglect, or
abandonment under this chapter, the department shall provide information to the
frail elder or vulnerable adult on protective services available to the person
and inform the person of the right to refuse such services. The department
shall develop cooperative agreements with community-based agencies servicing
the abused elderly and vulnerable adults. The agreements shall cover such
subjects as the appropriate roles and responsibilities of the department and
community-based agencies in identifying and responding to reports of alleged
abuse, the provision of case-management services, standardized data collection
procedures, and related coordination activities.
*Sec.
36.
RCW 13.34.090 and 1990 c 246 s 4 are each amended to read as follows:
(1)
Any party has a right to be represented by an attorney in all proceedings under
this chapter, to introduce evidence, to be heard in his or her own behalf, to
examine witnesses, to receive a decision based solely on the evidence adduced
at the hearing, and to an unbiased fact-finder.
(2)
At all stages of a proceeding in which a child is alleged to be dependent
pursuant to RCW 13.34.030(((2))) (6), the child's parent, guardian,
or legal custodian has the right to be represented by counsel, and if indigent,
to have counsel appointed for him or her by the court. Unless waived in court,
counsel shall be provided to the child's parent, guardian, or legal custodian,
if such person (a) has appeared in the proceeding or requested the court to
appoint counsel and (b) is financially unable to obtain counsel because of
indigency as defined in chapter 10.101 RCW.
(3)
If a party to an action under this chapter is represented by counsel, no order
shall be provided to that party for his or her signature without prior notice
and provision of the order to counsel.
(4)
Copies of department of social and health services or supervising agency
records to which parents have legal access pursuant to chapter 13.50 RCW shall
be given to the child's parent, guardian, legal custodian, or his or her legal
counsel, within twenty days after the department or supervising agency receives
a written request for such records from the parent, guardian, legal custodian,
or his or her legal counsel. These records shall be provided to the child's
parents, guardian, legal custodian, or legal counsel prior to the shelter care
hearing in order to allow an opportunity to review the records prior to the
hearing. These records shall be legible and shall be provided at no expense to
the parents, guardian, legal custodian, or his or her counsel.
*Sec. 36 was vetoed. See message at end of chapter.
*Sec.
37.
RCW 13.34.120 and 1996 c 249 s 14 are each amended to read as follows:
(1)
To aid the court in its decision on disposition, a social study, consisting of
a written evaluation of matters relevant to the disposition of the case, shall
be made by the person or agency filing the petition. The study shall include
all social records and may also include facts relating to the child's cultural
heritage, and shall be made available to the court. The court shall consider
the social file, social study, guardian ad litem report, the court-appointed
special advocate's report, if any, and any reports filed by a party at the
disposition hearing in addition to evidence produced at the fact-finding
hearing. At least ten working days before the disposition hearing, the department
shall mail to the parent and his or her attorney a copy of the agency's social
study and proposed service plan, which shall be in writing or in a form
understandable to the parents or custodians. In addition, the department shall
provide an opportunity for parents to review and comment on the plan at the
community service office. If the parents disagree with the agency's plan or
any part thereof, the parents shall submit to the court at least twenty-four
hours before the hearing, in writing, or signed oral statement, an alternative
plan to correct the problems which led to the finding of dependency. This
section shall not interfere with the right of the parents or custodians to
submit oral arguments regarding the disposition plan at the hearing.
(2)
In addition to the requirements set forth in subsection (1) of this section, a
predisposition study to the court in cases of dependency alleged pursuant to
RCW 13.34.030(((4))) (6) (b) or (c) shall contain the following
information:
(a)
A statement of the specific harm or harms to the child that intervention is
designed to alleviate;
(b)
A description of the specific programs, for both the parents and child, that
are needed in order to prevent serious harm to the child; the reasons why such
programs are likely to be useful; the availability of any proposed services;
and the agency's overall plan for ensuring that the services will be delivered;
(c)
If removal is recommended, a full description of the reasons why the child
cannot be protected adequately in the home, including a description of any
previous efforts to work with the parents and the child in the home; the
in-home treatment programs which have been considered and rejected; the
preventive services that have been offered or provided and have failed to
prevent the need for out-of-home placement, unless the health, safety, and
welfare of the child cannot be protected adequately in the home; and the
parents' attitude toward placement of the child;
(d)
A statement of the likely harms the child will suffer as a result of removal.
This section should include an exploration of the nature of the parent-child
attachment and the meaning of separation and loss to both the parents and the
child;
(e)
A description of the steps that will be taken to minimize harm to the child
that may result if separation occurs; and
(f)
Behavior that will be expected before determination that supervision of the
family or placement is no longer necessary.
*Sec. 37 was vetoed. See message at end of chapter.
*Sec.
38.
RCW 13.34.180 and 1993 c 412 s 2 and 1993 c 358 s 3 are each reenacted and
amended to read as follows:
A
petition seeking termination of a parent and child relationship may be filed in
juvenile court by any party to the dependency proceedings concerning that
child. Such petition shall conform to the requirements of RCW 13.34.040, shall
be served upon the parties as provided in RCW 13.34.070(8), and shall allege:
(1)
That the child has been found to be a dependent child under RCW 13.34.030(((2)))
(6); and
(2)
That the court has entered a dispositional order pursuant to RCW 13.34.130; and
(3)
That the child has been removed or will, at the time of the hearing, have been
removed from the custody of the parent for a period of at least six months
pursuant to a finding of dependency under RCW 13.34.030(((2))) (6);
and
(4)
That the services ordered under RCW 13.34.130 have been offered or provided and
all necessary services, reasonably available, capable of correcting the
parental deficiencies within the foreseeable future have been offered or
provided; and
(5)
That there is little likelihood that conditions will be remedied so that the
child can be returned to the parent in the near future. In determining whether
the conditions will be remedied the court may consider, but is not limited to,
the following factors:
(a)
Use of intoxicating or controlled substances so as to render the parent
incapable of providing proper care for the child for extended periods of time
and documented unwillingness of the parent to receive and complete treatment or
documented multiple failed treatment attempts; or
(b)
Psychological incapacity or mental deficiency of the parent that is so severe
and chronic as to render the parent incapable of providing proper care for the
child for extended periods of time, and documented unwillingness of the parent
to receive and complete treatment or documentation that there is no treatment
that can render the parent capable of providing proper care for the child in
the near future; and
(6)
That continuation of the parent and child relationship clearly diminishes the
child's prospects for early integration into a stable and permanent home; or
(7)
In lieu of the allegations in subsections (1) through (6) of this section, the
petition may allege that the child was found under such circumstances that the
whereabouts of the child's parent are unknown and no person has acknowledged
paternity or maternity and requested custody of the child within two months
after the child was found.
A
parent's failure to substantially improve parental deficiencies within twelve
months following entry of the dispositional order shall give rise to a
rebuttable presumption that there is little likelihood that conditions will be
remedied so that the child can be returned to the parent in the near future.
The presumption shall not arise unless the petitioner makes a showing that all
necessary services reasonably capable of correcting the parental deficiencies
within the foreseeable future have been offered or provided.
Notice
of rights shall be served upon the parent, guardian, or legal custodian with
the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been
filed against you. You have important legal rights and you must take steps to
protect your interests. This petition could result in permanent loss of your
parental rights.
1. You have the right to a fact-finding hearing
before a judge.
2. You have the right to have a lawyer represent you
at the hearing. A lawyer can look at the files in your case, talk to the
department of social and health services and other agencies, tell you about the
law, help you understand your rights, and help you at hearings. If you cannot
afford a lawyer, the court will appoint one to represent you. To get a
court-appointed lawyer you must contact: (explain
local procedure) .
3. At the hearing, you have the right to speak on
your own behalf, to introduce evidence, to examine witnesses, and to receive a
decision based solely on the evidence presented to the judge.
You should be present at this hearing.
You may call (insert agency)
for more information about your child. The agency's name and telephone number
are (insert
name and telephone number) ."
*Sec. 38 was vetoed. See message at end of chapter.
*Sec.
39.
RCW 43.43.700 and 1989 c 334 s 6 are each amended to read as follows:
There
is hereby established within the Washington state patrol a section on
identification, child abuse, vulnerable adult abuse, and criminal history
hereafter referred to as the section.
In
order to aid the administration of justice the section shall install systems
for the identification of individuals, including the fingerprint system and
such other systems as the chief deems necessary. The section shall keep a
complete record and index of all information received in convenient form for
consultation and comparison.
The
section shall obtain from whatever source available and file for record the
fingerprints, palmprints, photographs, or such other identification data as it
deems necessary, of persons who have been or shall hereafter be lawfully
arrested and charged with, or convicted of any criminal offense. The section
may obtain like information concerning persons arrested for or convicted of
crimes under the laws of another state or government.
The
section shall also contain like information concerning persons, over the age of
eighteen years, who have been found, pursuant to a dependency proceeding under
RCW 13.34.030(((2))) (6)(b) to have physically abused or sexually
abused or exploited a child or, pursuant to a protection proceeding under
chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult.
*Sec. 39 was vetoed. See message at end of chapter.
Sec.
40. RCW
43.43.840 and 1989 c 334 s 5 and 1989 c 90 s 5 are each reenacted and amended
to read as follows:
(1)
The supreme court shall by rule require the courts of the state to notify the
state patrol of any dependency action under RCW ((13.34.030(2)(b))) 13.34.040,
domestic relations action under Title 26 RCW, or protection action under
chapter 74.34 RCW, in which the court makes specific findings of physical abuse
or sexual abuse or exploitation of a child or abuse or financial exploitation
of a vulnerable adult.
(2)
The department of licensing shall notify the state patrol of any disciplinary
board final decision that includes specific findings of physical abuse or
sexual abuse or exploitation of a child or abuse or financial exploitation of a
vulnerable adult.
(3)
When a business or an organization terminates, fires, dismisses, fails to renew
the contract, or permits the resignation of an employee because of crimes
against children or other persons or because of crimes relating to the
financial exploitation of a vulnerable adult, and if that employee is employed
in a position requiring a certificate or license issued by a licensing agency
such as the state board of education, the business or organization shall notify
the licensing agency of such termination of employment.
Sec.
41. RCW
43.20A.050 and 1979 c 141 s 63 are each amended to read as follows:
It
is the intent of the legislature wherever possible to place the internal
affairs of the department under the control of the secretary ((in order that
he may)) to institute ((therein)) the flexible, alert and
intelligent management of its business that changing contemporary circumstances
require. Therefore, whenever ((his)) the secretary's authority
is not specifically limited by law, he or she shall have complete charge
and supervisory powers over the department. ((He)) The secretary
is authorized to create such administrative structures as ((he may deem))
deemed appropriate, except as otherwise specified by law. The secretary
shall have the power to employ such assistants and personnel as may be
necessary for the general administration of the department((: PROVIDED,
That,)). Except as elsewhere specified, such employment ((is))
shall be in accordance with the rules of the state civil service law,
chapter 41.06 RCW.
NEW
SECTION. Sec. 42. It is
the intent of the legislature, in enacting the chapter . . ., Laws of
1997 changes to RCW 41.64.100 (section 43 of this act), to provide a prompt and
efficient method of expediting employee appeals regarding alleged misconduct
that may have placed children at serious risk of harm. The legislature
recognizes that children are at risk of harm in cases of abuse or neglect and
intends to provide a method of reducing such risk as well as mitigating the
potential liability to the state associated with employee misconduct involving
children. The legislature does not intend to impair any existing rights of
appeals held by employees, nor does it intend to restrict consideration of any
appropriate evidence or facts by the personnel appeals board.
Sec.
43. RCW
41.64.100 and 1981 c 311 s 11 are each amended to read as follows:
(1)
In all appeals over which the board has jurisdiction involving reduction,
dismissal, suspension, or demotion, the board shall set the case for hearing,
and the final decision, including an appeal to the board from the hearing
examiner, if any, shall be rendered within ninety days from the date the appeal
was first received((: PROVIDED, That)). An extension may be
permitted if agreed to by the employee and the employing agency. The board
shall furnish the agency with a copy of the appeal in advance of the hearing.
(2)
Notwithstanding subsection (1) of this section, in a case involving
misconduct that has placed a child at serious risk of harm as a result of
actions taken or not taken under chapter 13.32A, 13.34, 13.40, 26.44, 74.13,
74.14A, 74.14B, 74.14C, or 74.15 RCW, the board shall hear the case before all
unscheduled cases. The board shall issue its order within forty-five days of
hearing the case unless there are extraordinary circumstances, in which case,
an additional thirty days may elapse until the case is decided.
(3)
In all appeals made pursuant to RCW 41.06.170(((3))) (4), as now
or hereafter amended, the decision of the board is final and not appealable to
court.
NEW
SECTION. Sec. 44.
Section 43 of this act shall not be construed to alter an existing collective
bargaining unit or the provisions of any existing bargaining agreement in place
on the effective date of this section before the expiration of such agreement.
Sec.
45. RCW
26.44.020 and 1996 c 178 s 10 are each amended to read as follows:
For
the purpose of and as used in this chapter:
(1)
"Court" means the superior court of the state of Washington, juvenile
department.
(2)
"Law enforcement agency" means the police department, the prosecuting
attorney, the state patrol, the director of public safety, or the office of the
sheriff.
(3)
"Practitioner of the healing arts" or "practitioner" means
a person licensed by this state to practice podiatric medicine and surgery,
optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery,
or medicine and surgery or to provide other health services. The term
"practitioner" shall include a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being furnished
Christian Science treatment by a duly accredited Christian Science practitioner
shall not be considered, for that reason alone, a neglected person for the
purposes of this chapter.
(4)
"Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
(5)
"Department" means the state department of social and health
services.
(6)
"Child" or "children" means any person under the age of
eighteen years of age.
(7)
"Professional school personnel" shall include, but not be limited to,
teachers, counselors, administrators, child care facility personnel, and school
nurses.
(8)
"Social service counselor" shall mean anyone engaged in a
professional capacity during the regular course of employment in encouraging or
promoting the health, welfare, support or education of children, or providing
social services to adults or families, including mental health, drug and
alcohol treatment, and domestic violence programs, whether in an individual
capacity, or as an employee or agent of any public or private organization or
institution.
(9)
"Psychologist" shall mean any person licensed to practice psychology
under chapter 18.83 RCW, whether acting in an individual capacity or as an
employee or agent of any public or private organization or institution.
(10)
"Pharmacist" shall mean any registered pharmacist under the
provisions of chapter 18.64 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or institution.
(11)
"Clergy" shall mean any regularly licensed or ordained minister,
priest or rabbi of any church or religious denomination, whether acting in an
individual capacity or as an employee or agent of any public or private
organization or institution.
(12)
"Abuse or neglect" shall mean the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child, adult dependent,
or developmentally disabled person by any person under circumstances which
indicate that the child's or adult's health, welfare, and safety is harmed. An
abused child is a child who has been subjected to child abuse or neglect as
defined herein.
(13)
"Child protective services section" shall mean the child protective
services section of the department.
(14)
"Adult dependent persons" shall be defined as those persons over the
age of eighteen years who have been found to be legally incompetent or disabled
pursuant to chapter 11.88 RCW.
(15)
"Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b) allowing,
permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child by any person.
(16)
"Negligent treatment or maltreatment" means an act or omission which
evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to the child's health, welfare, and
safety.
(17)
"Developmentally disabled person" means a person who has a disability
defined in RCW 71A.10.020.
(18)
"Child protective services" means those services provided by the
department designed to protect children from child abuse and neglect and
safeguard ((the general welfare of)) such children ((and shall
include)) from future abuse and neglect, and conduct investigations
of child abuse and neglect reports((, including reports regarding child care
centers and family child care homes, and the development, management, and
provision of or)). Investigations may be conducted regardless of the
location of the alleged abuse or neglect. Child protective services includes
referral to services to ameliorate conditions which endanger the welfare of
children, the coordination of necessary programs and services relevant to the
prevention, intervention, and treatment of child abuse and neglect, and
services to children to ensure that each child has a permanent home. In
determining whether protective services should be provided, the department
shall not decline to provide such services solely because of the child's
unwillingness or developmental inability to describe the nature and severity of
the abuse or neglect.
(19)
"Malice" or "maliciously" means an evil intent, wish, or design
to vex, annoy, or injure another person. Such malice may be inferred from an
act done in wilful disregard of the rights of another, or an act wrongfully
done without just cause or excuse, or an act or omission of duty betraying a
wilful disregard of social duty.
(20)
"Sexually aggressive youth" means a child who is defined in RCW
74.13.075(1)(b) as being a "sexually aggressive youth."
*NEW
SECTION. Sec. 46.
A new section is added to chapter 43.20A RCW to read as follows:
(1)
Notwithstanding the provisions of RCW 26.44.020 and chapter 74.13 RCW, the
secretary may exercise his or her discretion to permit employees of the
department to provide child protective services and child welfare services
under the following circumstances:
(a)
The number of employees in an office or the location of an office makes it
administratively impractical to require a strict segregation between the
delivery of both types of services; or
(b)
There are exceptional circumstances, including such things as a
disproportionately large number of vacant positions in an office; or
(2)
The changes required to implement RCW 26.44.020 and this section shall not be
made until the expiration of any collective bargaining agreement in effect on
the effective date of this section, unless the parties to the agreement
determine such changes can be made before that time.
*Sec. 46 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 47. A
new section is added to chapter 43.20A RCW to read as follows:
The
department shall prepare an annual quality assurance report that shall include
but is not limited to: (1) Performance outcomes regarding health and safety of
children in the children's services system; (2) children's length of stay in
out-of-home placement from each date of referral; (3) adherence to permanency
planning timelines; and (4) the response time on child protective services
investigations differentiated by risk level determined at intake. The report
shall be provided to the governor and legislature not later than July 1.
NEW
SECTION. Sec. 48. A
new section is added to chapter 26.44 RCW to read as follows:
(1)
When, as a result of a report of alleged child abuse or neglect, an
investigation is made that includes an in-person contact with the person who is
alleged to have committed the abuse or neglect, there shall be a determination
of whether it is probable that the use of alcohol or controlled substances is a
contributing factor to the alleged abuse or neglect.
(2)
The department shall provide appropriate training for persons who conduct the
investigations under subsection (1) of this section. The training shall
include methods of identifying indicators of abuse of alcohol or controlled
substances.
(3)
If a determination is made under subsection (1) of this section that there is
probable cause to believe abuse of alcohol or controlled substances has
contributed to the child abuse or neglect, the department shall, within
available funds, cause a comprehensive chemical dependency evaluation to be
made of the person or persons so identified. The evaluation shall be conducted
by a physician or persons certified under rules adopted by the department to
make such evaluation. The department shall perform the duties assigned under
this section within existing personnel resources.
NEW
SECTION. Sec. 49. The
legislature finds that the placement of children and youth in state-operated or
state-funded residential facilities must be done in such a manner as to protect
children who are vulnerable to sexual victimization from youth who are sexually
aggressive. To achieve this purpose, the legislature intends the department of
social and health services to develop a policy for assessing sexual
aggressiveness and vulnerability to sexual victimization of children and youth
who are placed in state-operated or state-funded residential facilities.
NEW
SECTION. Sec. 50. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
The department shall implement a policy for protecting youth committed to
state-operated or state-funded residential facilities under this chapter who
are vulnerable to sexual victimization by other youth committed to those
facilities who are sexually aggressive. The policy shall include, at a
minimum, the following elements:
(a)
Development and use of an assessment process for identifying youth, within thirty
days of commitment to the department, who present a moderate or high risk of
sexually aggressive behavior for the purposes of this section. The assessment
process need not require that every youth who is adjudicated or convicted of a
sex offense as defined in RCW 9.94A.030 be determined to be sexually
aggressive, nor shall a sex offense adjudication or conviction be required in
order to determine a youth is sexually aggressive. Instead, the assessment
process shall consider the individual circumstances of the youth, including his
or her age, physical size, sexual abuse history, mental and emotional
condition, and other factors relevant to sexual aggressiveness. The definition
of "sexually aggressive youth" in RCW 74.13.075 does not apply to
this section to the extent that it conflicts with this section;
(b)
Development and use of an assessment process for identifying youth, within
thirty days of commitment to the department, who may be vulnerable to
victimization by youth identified under (a) of this subsection as presenting a
moderate or high risk of sexually aggressive behavior. The assessment process
shall consider the individual circumstances of the youth, including his or her
age, physical size, sexual abuse history, mental and emotional condition, and
other factors relevant to vulnerability;
(c)
Development and use of placement criteria to avoid assigning youth who present
a moderate or high risk of sexually aggressive behavior to the same sleeping
quarters as youth assessed as vulnerable to sexual victimization, except that
they may be assigned to the same multiple-person sleeping quarters if those
sleeping quarters are regularly monitored by visual surveillance equipment or
staff checks;
(d)
Development and use of procedures for minimizing, within available funds,
unsupervised contact in state-operated or state-funded residential facilities
between youth presenting moderate to high risk of sexually aggressive behavior
and youth assessed as vulnerable to sexual victimization. The procedures shall
include taking reasonable steps to prohibit any youth committed under this
chapter who present a moderate to high risk of sexually aggressive behavior
from entering any sleeping quarters other than the one to which they are
assigned, unless accompanied by an authorized adult.
(2)
For the purposes of this section, the following terms have the following
meanings:
(a)
"Sleeping quarters" means the bedrooms or other rooms within a
residential facility where youth are assigned to sleep.
(b)
"Unsupervised contact" means contact occurring outside the sight or
hearing of a responsible adult for more than a reasonable period of time under
the circumstances.
NEW
SECTION. Sec. 51. The
department of social and health services shall report to the legislature by
December 1, 1997, on the following: (1) Development of the assessment process
for identifying youth who present a moderate to high risk of sexually
aggressive behavior for the purposes of sections 49 through 55 of this act; (2)
development of the assessment process for determining when a youth may be
vulnerable to victimization by youth who present a moderate to high risk of
sexually aggressive behavior for the purposes of sections 49 through 55 of this
act; and (3) development of the placement criteria and procedures required
under section 50(1) (c) and (d) of this act.
NEW
SECTION. Sec. 52. The
policy developed under section 50 of this act shall be implemented within the
juvenile rehabilitation administration by January 1, 1998.
NEW
SECTION. Sec. 53. The
department of social and health services shall provide an evaluation of the
implementation of sections 49 through 55 of this act to the legislature by
December 1, 1998. The evaluation shall identify: (1) The number of youth
assessed as presenting a moderate to high risk of sexually aggressive behavior;
(2) the number of youth assessed as being vulnerable to victimization; (3) the
effectiveness of avoiding assigning youth who present a moderate or high risk
of sexually aggressive behavior to the same sleeping quarters as youth assessed
as being vulnerable to sexual victimization by utilizing the assessment and
placement process set forth in section 50 of this act; (4) the effectiveness of
minimizing, within available funds, unsupervised contact between youth who
present a moderate or high risk of sexually aggressive behavior and youth
assessed as being vulnerable to sexual victimization utilizing the procedures
set forth in section 50 of this act; and (5) the number of youth identified as
moderate to high risk of sexually aggressive behavior who were placed in
department of social and health services community residential settings during
their period of parole with a youth who is not a juvenile offender and is found
to be dependent under chapter 13.34 RCW or an at-risk youth or child in need of
services under chapter 13.32A RCW. The department shall identify the resources
necessary to provide separate placements for youth identified in this
subsection and shall identify alternative administrative processes for managing
the placement of these youth.
Sec.
54. RCW
13.40.460 and 1994 sp.s. c 7 s 516 are each amended to read as follows:
The
secretary, assistant secretary, or the secretary's designee shall manage and
administer the department's juvenile rehabilitation responsibilities, including
but not limited to the operation of all state institutions or facilities used
for juvenile rehabilitation.
The
secretary or assistant secretary shall:
(1)
Prepare a biennial budget request sufficient to meet the confinement and
rehabilitative needs of the juvenile rehabilitation program, as forecast by the
office of financial management;
(2)
Create by rule a formal system for inmate classification. This classification
system shall consider:
(a)
Public safety;
(b)
Internal security and staff safety; ((and))
(c)
Rehabilitative resources both within and outside the department;
(d)
An assessment of each offender's risk of sexually aggressive behavior as
provided in section 50 of this act; and
(e)
An assessment of each offender's vulnerability to sexually aggressive behavior
as provided in section 50 of this act;
(3)
Develop agreements with local jurisdictions to develop regional facilities with
a variety of custody levels;
(4)
Adopt rules establishing effective disciplinary policies to maintain order
within institutions;
(5)
Develop a comprehensive diagnostic evaluation process to be used at intake,
including but not limited to evaluation for substance addiction or abuse,
literacy, learning disabilities, fetal alcohol syndrome or effect, attention
deficit disorder, and mental health;
(6)
Develop placement criteria:
(a)
To avoid assigning youth who present a moderate or high risk of sexually
aggressive behavior to the same sleeping quarters as youth assessed as
vulnerable to sexual victimization under section 50(1)(c) of this act; and
(b)
To avoid placing a juvenile offender on parole status who has been assessed as
a moderate to high risk for sexually aggressive behavior in a department
community residential program with another child who is: (i) Dependent under
chapter 13.34 RCW, or an at-risk youth or child in need of services under
chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status;
(7)
Develop a plan to implement, by July 1, 1995:
(a)
Substance abuse treatment programs for all state juvenile rehabilitation
facilities and institutions;
(b)
Vocational education and instruction programs at all state juvenile
rehabilitation facilities and institutions; and
(c)
An educational program to establish self-worth and responsibility in juvenile
offenders. This educational program shall emphasize instruction in
character-building principles such as: Respect for self, others, and
authority; victim awareness; accountability; work ethics; good citizenship; and
life skills; and
(((7)))
(8) Study, in conjunction with the superintendent of public instruction,
educators, and superintendents of state facilities for juvenile offenders, the
feasibility and value of consolidating within a single entity the provision of
educational services to juvenile offenders committed to state facilities. The
assistant secretary shall report his or her findings to the legislature by
December 1, 1995.
NEW
SECTION. Sec. 55. The
policy developed under RCW 13.40.460(6)(b) shall be implemented within the
juvenile rehabilitation administration and the division of children and family
services by July 1, 1998.
Sec.
56. RCW
82.08.02915 and 1995 c 346 s 1 are each amended to read as follows:
The
tax levied by RCW 82.08.020 shall not apply to sales to health or social welfare
organizations, as defined in RCW 82.04.431, of items necessary for new
construction of alternative housing for youth in crisis, so long as the
facility will be a licensed agency under chapter 74.15 RCW, upon completion.
This section shall expire July 1, ((1997)) 1999.
Sec.
57. RCW
82.12.02915 and 1995 c 346 s 2 are each amended to read as follows:
The
provisions of this chapter shall not apply in respect to the use of any item
acquired by a health or social welfare organization, as defined in RCW
82.04.431, of items necessary for new construction of alternative housing for
youth in crisis, so long as the facility will be a licensed agency under
chapter 74.15 RCW, upon completion. This section shall expire July 1, ((1997))
1999.
*NEW
SECTION. Sec. 58.
It is the intent of section 59 of this act to
protect runaway children from predatory individuals, such as drug dealers,
sexual marauders, and panderers. Since it is in the interests of these
individuals to keep children who have left home on the street and unlocated,
this act punishes predatory individuals who provide shelter to at-risk youth as
a means of preying upon them. The legislature also recognizes that preventing
at-risk youth from coming into contact with these individuals is equally
important to their protection. Since prevention and reconciliation can only
begin once a child is located, section 59 of this act increases the incentives
for individuals to report the children's whereabouts.
*Sec. 58 was vetoed. See message at end of chapter.
*Sec.
59.
RCW 13.32A.080 and 1994 sp.s. c 7 s 507 are each amended to read as follows:
(1)(a)
A person commits the crime of unlawful harboring of a minor if the person
provides shelter to a minor without the consent of a parent of the minor and
after the person knows that the minor is away from the home of the parent,
without the parent's permission, and if the person intentionally:
(i)
Fails to release the minor to a law enforcement officer after being requested
to do so by the officer; or
(ii)
Fails to disclose the location of the minor to a law enforcement officer after
being requested to do so by the officer, if the person knows the location of
the minor and had either taken the minor to that location or had assisted the
minor in reaching that location; or
(iii)
Obstructs a law enforcement officer from taking the minor into custody; or
(iv)
Assists the minor in avoiding or attempting to avoid the custody of the law
enforcement officer; or
(v)
Engages the child in a crime; or
(vi)
Engages in a clear course of conduct that demonstrates an intent to contribute
to the delinquency of a minor or the involvement of a minor in a sex offense as
defined in RCW 9.94A.030.
(b)
It is a defense to a prosecution under this section that the defendant had
custody of the minor pursuant to a court order.
(2)
Harboring a minor is punishable as a gross misdemeanor.
(3)
Any person who provides shelter to a child, absent from home, may notify the
department's local community service office of the child's presence.
(4)
An adult responsible for involving a child in the commission of an offense may
be prosecuted under existing criminal statutes including, but not limited to:
(a)
Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b)
Promoting prostitution as defined in chapter 9A.88 RCW; and
(c)
Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
*Sec. 59 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 60. The
legislature recognizes that Indian tribes are sovereign nations and the
relationship between the state and the tribe is sovereign-to-sovereign.
The
federal government acknowledged the importance of including Indian tribes in
child support systems established by the federal government and the states.
The personal responsibility and work opportunity reconciliation act of 1996,
P.L. 104-193, provides Indian tribes the option of developing their own tribal
plan and tribal child support enforcement program to receive funds directly
from the federal government for their own Title IV-D program similar to that of
other states. The act also expressly authorizes the states and Indian tribe or
tribal organization to enter into cooperative agreements to provide for the
delivery of child support enforcement services.
It
is the purpose of this chapter to encourage the department of social and health
services, division of child support, and the Indian tribes within the state's
borders to enter into cooperative agreements that will assist the state and
tribal governments in carrying out their respective responsibilities. The legislature
recognizes that the state and the tribes each possess resources that are
sometimes distinct to that government. The legislature intends that the state
and the tribes work together to make the most efficient and productive use of
all resources and authorities.
Cooperative
agreements will enable the state and the tribes to better provide child support
services to Indian children and to establish and enforce child support
obligations, orders, and judgments. Under cooperative agreements, the state
and the tribes can work as partners to provide culturally relevant child
support services, consistent with state and federal laws, that are based on
tribal laws and customs. The legislature recognizes that the preferred method
for handling cases where all or some of the parties are enrolled tribal members
living on the tribal reservation is to develop an agreement so that appropriate
cases are referred to the tribe to be processed in the tribal court. The
legislature recognizes that cooperative agreements serve the best interests of
the children.
NEW
SECTION. Sec. 61. (1)
The department of social and health services may enter into an agreement with
an Indian tribe or tribal organization, which is within the state's borders and
recognized by the federal government, for joint or cooperative action on child
support services and child support enforcement.
(2)
In determining the scope and terms of the agreement, the department and the
tribe should consider, among other factors, whether the tribe has an
established tribal court system with the authority to establish, modify, or
enforce support orders, establish paternity, or enter support orders in
accordance with child support guidelines established by the tribe.
NEW
SECTION. Sec. 62. An
agreement established under this section may, but is not required to, address
the following:
(1)
Recognizing the state's and tribe's authority to address child support matters
with the development of a process designed to determine how tribal member cases
may be handled;
(2)
The authority, procedures, and guidelines for all aspects of establishing,
entering, modifying, and enforcing child support orders in the tribal court and
the state court;
(3)
The authority, procedures, and guidelines the department and tribe will follow
for the establishment of paternity;
(4)
The establishment and agreement of culturally relevant factors that may be
considered in child support enforcement;
(5)
The authority, procedures, and guidelines for the garnishing of wages of tribal
members or employees of a tribe, tribally owned enterprise, or an Indian-owned
business located on the reservation;
(6)
The department's and tribe's responsibilities to each other;
(7)
The ability for the department and the tribe to address the fiscal
responsibilities between each other;
(8)
Requirements for alternative dispute resolution procedures;
(9)
The necessary procedures for notice and the continual sharing of information;
and
(10)
The duration of the agreement, under what circumstances the parties may
terminate the agreement, and the consequences of breaching the provisions in the
agreement.
NEW
SECTION. Sec. 63. The
department of social and health services may adopt rules to implement this
chapter.
NEW
SECTION. Sec. 64. RCW
43.06A.040 and 1996 c 131 s 5 are each repealed.
NEW
SECTION. Sec. 65.
Sections 9 through 13 of this act constitute a new chapter in Title 74 RCW.
NEW
SECTION. Sec. 66.
Sections 60 through 63 of this act constitute a new chapter in Title 26 RCW.
NEW
SECTION. Sec. 67.
Sections 8 through 14 and 17 through 34 of this act apply only to incidents
occurring on or after January 1, 1998.
NEW
SECTION. Sec. 68.
Sections 8 through 13 and 21 through 34 of this act take effect January 1,
1998.
*NEW
SECTION. Sec. 69.
Sections 14 through 19 of this act take effect
April 1, 1998.
*Sec. 69 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 70.
Sections 7 and 20 of this act are necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 1997.
*Sec. 70 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 71.
Sections 56 and 57 of this act are necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 1997.
