HOUSE BILL ANALYSIS

                 SSB 5279

Title:  An act relating to placement of children in mental health care by the department of social and health services;  adding new sections to chapter 13.34 RCW:  and creating a new section.

Brief Description:  Regulating the placement of children in mental health treatment by the department of social and health services.

Sponsors:  Senators Kohl-Welles, Hargrove, Long, Fairley, Prentice and Winsley.

HOUSE COMMITTEE ON

CHILDREN & FAMILY SERVICES

Meeting Date:  March 24, 1999.

Bill Analysis Prepared by:  Dave Knutson  (786-7146).

Background:  The placement of a child into a mental health treatment facility is governed by the provisions on Chapter 71.34 RCW.  A concern has been raised that children in the custody of the Department of Social and Health Services may be placed in out of state mental health facilities without parental consent.

Summary of Bill:  Children under the jurisdiction of the Department of Social and Health Services who are a dependent child, an at-risk youth or child in need of services, or a subject of a child abuse and neglect investigation may be admitted to a mental health facility if the secretary finds by clear, cogent, and convincing evidence that five specific criteria are met.  When a dependent child is removed from their home, parental consent to placement in a mental health facility is required or the placement must be ordered by the court after notice to the parents and a court hearing.

The Department of Social and Health Services must provide records needed for treatment to the treating physicians.

The Department of Social and Health Services must maintain a list of all mental health facilities to which minor dependent children may be admitted.

Appropriation:  None.

Fiscal Note:  None.

Effective Date:  Ninety days after adjournment of session in which bill is passed.