BP BHEAD INT H [atlas:bill]

AN ACT Relating to family reconciliation services; amending RCW 13.32A.030, 13.32A.040, 13.32A.042, 13.32A.044, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, 13.32A.152, 13.32A.160, 13.32A.170, 13.32A.179, 13.32A.190, 28A.225.035, and 28A.225.090; adding new sections to chapter 13.32A RCW; repealing RCW 13.32A.191, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.197, 13.32A.198, 13.32A.205, and 13.32A.250; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 13.32A.030 and 1997 c 146 s 1 are each amended to read as follows:

As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

~~(6)~~)) (3) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

((~~(7)~~)) (4) "Custodian" means the person or entity who has the legal right to the custody of the child.

((~~(8)~~)) (5) "Department" means the department of social and health services.

((~~(9)~~)) (6) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.

((~~(10)~~)) (7) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

((~~(11)~~)) (8) "Multidisciplinary team" means a group formed to provide assistance and support to a child ((~~who is an at-risk youth or a child in need of services~~)) and his or her parent who receive services under this chapter. The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

((~~(12)~~)) (9) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

((~~(13)~~)) (10) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.

((~~(14)~~)) (11) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

((~~(15)~~)) (12) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.

((~~(16)~~)) (13) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.

((~~(17)~~)) (14) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on ((~~a child in need of services~~)) an at-risk youth petition.

Sec. 2. RCW 13.32A.040 and 1995 c 312 s 5 are each amended to read as follows:

Families who are in conflict or who ((~~are experiencing problems with at-risk youth or a child who may be in need of~~)) receive services under this chapter may request family reconciliation services from the department. The department may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to ((~~at-risk youth,~~)) children ((~~in need of services,~~)) or family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, mental health, drug or alcohol treatment, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family. Family reconciliation services may also include training in parenting, conflict management, and dispute resolution skills.

Sec. 3. RCW 13.32A.042 and 1995 c 312 s 13 are each amended to read as follows:

(1)(a) The administrator of a crisis residential center may convene a multidisciplinary team, which is to be locally based and administered, at the request of a child placed at the center or the child's parent.

(b) If the administrator has reasonable cause to believe that a child ((~~is a child in need of services~~)) meets one or more of the criteria as identified in RCW 13.32A.150(2) and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team.

(c) A parent may disband a team twenty-four hours, excluding weekends and holidays, after receiving notice of formation of the team under (b) of this subsection unless ((a)) an at-risk youth petition has been filed ((~~under RCW 13.32A.140~~)) by the child or the department. If a petition has been filed by the child or the department, the parent may not disband the team until the fact-finding and disposition hearings ((is)) are held ((~~under RCW 13.32A.179~~)). The court may allow the team to continue if, pursuant to the disposition hearing, an out-of-home placement is ordered ((~~under RCW 13.32A.179(3)~~)). Upon the parent filing ((of)) an at-risk youth petition or the filing of a dependency petition the team shall cease to exist, unless the parent requests continuation of the team or unless ((~~the~~)) an out-of-home placement was ordered ((~~under RCW 13.32A.179(3)~~)) pursuant to the disposition of the at-risk youth proceeding.

(2) The secretary shall request participation of appropriate state agencies to assist in the coordination and delivery of services through the multidisciplinary teams. Those agencies that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary team and the secretary shall provide this information to the administrator of each crisis residential center.

(3) The secretary shall designate within each region a department employee who shall have responsibility for coordination of the state response to a request for creation of a multidisciplinary team. The secretary shall advise the administrator of each crisis residential center of the name of the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall provide a list of the agencies that have agreed to participate in the multidisciplinary team.

(4) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.

(5) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.

(6) When an administrator of a crisis residential center requests the formation of a team, the state agencies must respond as soon as possible. The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:

(a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;

(b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;

(c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or

(d) With the parent's consent, work with them to achieve reconciliation of the child and family.

Sec. 4. RCW 13.32A.044 and 1995 c 312 s 14 are each amended to read as follows:

(1) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.

(2) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.

(3) The coordinator of the multidisciplinary team may assist in filing ((~~a child in need of services petition when requested by the parent or child or~~)) an at-risk youth petition when requested by the parent or child. The multidisciplinary team shall have no standing as a party in any action under this title.

(4) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department and request the case be reviewed for a dependency filing under chapter 13.34 RCW.

(5) The department shall provide a court liaison to each juvenile court. The court liaison shall facilitate the provision of information and provide other support as needed to the juvenile court in its proceedings related to an at-risk youth petition.

Sec. 5. RCW 13.32A.120 and 1996 c 133 s 18 are each amended to read as follows:

(1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to RCW 13.32A.090(2)(e), the administrator of the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.

(2) If a child and his or her parent cannot agree to an out-of-home placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court ((~~a child in need of services~~)) an at-risk youth petition ((~~to approve an out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter~~)).

(3) If a child and his or her parent cannot agree to the continuation of an out-of-home placement arrived at under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court ((~~a child in need of services~~)) an at-risk youth petition ((~~to approve an out-of-home placement or the parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth under this chapter~~)).

Sec. 6. RCW 13.32A.130 and 1997 c 146 s 4 are each amended to read as follows:

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

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

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

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

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

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

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

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

(5) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the administrator of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file ((~~a child in need of services petition for an out-of-home placement, the right of a parent to file~~)) an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's ((~~at-risk~~)) behavior under ((~~RCW 13.32A.197~~)) section 15 of this act.

(6) At no time shall information regarding a parent's or child's rights be withheld. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.

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

Sec. 7. RCW 13.32A.140 and 1997 c 146 s 5 are each amended to read as follows:

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

((~~(1)~~)) (a) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, and:

((~~(a)~~)) (i) The parent has been notified that the child was so admitted or placed;

((~~(b)~~)) (ii) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventy-two hours;

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

((~~(d)~~)) (iv) No ((~~child in need of services~~)) at-risk youth petition has been filed by either the child or parent;

((~~(e) The parent has not filed an at-risk youth petition;~~)) and

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

((~~(2)~~)) (b) The child has been admitted to a crisis residential center and:

((~~(a)~~)) (i) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;

((~~(b)~~)) (ii) The staff, after searching with due diligence, have been unable to contact the parent of such child; and

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

((~~(3)~~)) (c) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:

((~~(a)~~)) (i) The party to whom the arrangement is no longer acceptable has so notified the department;

((~~(b)~~)) (ii) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

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

((~~(d)~~)) (iv) No ((~~child in need of services~~)) at-risk youth petition has been filed by either the child or the parent;

((~~(e) The parent has not filed an at-risk youth petition;~~)) and

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

(2) An at-risk youth petition filed by the department may only include those allegations listed under RCW 13.32A.150(2)(b).

(3) Under the circumstances of subsection((s)) (1)(a), ((~~(2)~~)) (b), or ((~~(3)~~)) (c) of this section, the child shall remain in an out-of-home placement until ((~~a child in need of services~~)) an at-risk youth petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by the court. The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department. The state, when the department files ((~~a child in need of services~~)) an at-risk youth petition under this section, shall be represented as provided for in RCW 13.04.093.

Sec. 8. RCW 13.32A.150 and 1996 c 133 s 20 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of ((~~a child in need of services~~)) an at-risk youth petition by the child or the parents ((~~or the filing of an at-risk youth petition by the parent,~~)) unless verification is provided that a family assessment has been completed by the department. The family assessment provided by the department shall involve the multidisciplinary team as provided in RCW 13.32A.040, if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section ((~~or the parent may proceed under RCW 13.32A.191~~)).

(2) A child or a child's parent may file with the juvenile court ((~~a child in need of services~~)) an at-risk youth petition ((~~to approve an out-of-home placement for the child~~)). The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that ((~~the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved~~)):

(a) Court supervision and intervention are necessary to assist the parent to maintain the care, custody, and control of the child and alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted and that the child:

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

(ii) Refuses or fails to comply with the compulsory school attendance laws as provided under chapter 28A.225 RCW;

(iii) Is absent from home for at least seventy-two consecutive hours without the consent of his or her parent; or

(iv) Has a substance abuse problem for which there are no pending criminal charges related to the substance abuse; or

(b) The child:

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

(ii) Has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and exhibited a serious substance abuse problem; or exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

(iii) Is in need of necessary services, including food, shelter, health care, clothing, or educational services, or services designed to maintain or reunite the family; who lack access to, or has declined to utilize, these services; and whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement.

(3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.

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

No superior court may refuse to accept for filing a properly completed and presented at-risk youth petition. To be properly presented, the petitioner shall verify that the family assessment required under RCW 13.32A.150 has been completed. If the department has failed to complete the required family assessment within the prescribed two working days after the request for the assessment, the court shall not refuse to accept the petition because of the lack of verification of the completed family assessment. In the event of an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys' fees.

Sec. 10. RCW 13.32A.152 and 1996 c 133 s 21 are each amended to read as follows:

(1) Whenever ((~~a child in need of services~~)) an at-risk youth petition is filed by a youth pursuant to RCW 13.32A.150, or the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.

(2) Whenever ((~~a child in need of services~~)) an at-risk youth petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed.

Sec. 11. RCW 13.32A.160 and 1997 c 146 s 6 are each amended to read as follows:

(1) When a proper ((~~child in need of services~~)) at-risk youth petition ((~~to approve an out-of-home placement~~)) is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent and not the petitioner, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving ((~~a child in need of services~~)) an at-risk youth petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to ((~~file an at-risk youth petition, the right to~~)) submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.

(2) Unless an out-of-home placement of the child is provided for pursuant to subsection (3) or (4) of this section, or otherwise authorized or required by law, the child shall reside in the home of his or her parent.

(3) Upon filing of ((~~a child in need of services~~)) an at-risk youth petition, the child may be placed, if not already placed, in an out-of-home placement requested by the parent or child and approved by the parent; by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW((,)); or any other suitable residence to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.

((~~(3)~~)) (4) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.

(5) If upon sworn written or oral declaration of the parent or the department, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (3) or (4) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center. If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.

Sec. 12. RCW 13.32A.170 and 1996 c 133 s 23 are each amended to read as follows:

(1) The court shall hold a fact-finding hearing to consider a proper ((~~child in need of services~~)) at-risk youth petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). ((~~If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.~~))

(2) If the allegations have been proven by a preponderance of the evidence, the court shall approve an at-risk youth petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending the disposition hearing. The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent. The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW. If the court grants or denies the petition, a statement of the written reasons shall be entered into the records. If the court denies the petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.

(3) The court may approve ((~~an order stating that the child shall be placed in a residence other than the home of his or her parent~~)) a temporary out-of-home placement only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:

(a) ((~~The child is a child in need of services as defined in RCW 13.32A.030(4);~~

~~(b)~~)) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;

((~~(c)~~)) (b) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

((~~(d)~~)) (c) A suitable out-of-home placement resource is available.

((The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent. The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.

(3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) dismiss the petition; or (d) order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.))

NEW SECTION. Sec. 13. A new section is added to chapter 13.32A RCW to read as follows:

(1) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. The plan shall address the needs of the child and the perceived needs of the parents and include recommendations with regard to placement of the child, counseling services and other services for the child, and counseling services or any other services for the child requiring parental participation.

(2) Prior to disposition, or at any time thereafter, subject to available resources, the court may order that a risk and needs assessment of the child be conducted.

Sec. 14. RCW 13.32A.179 and 1997 c 146 s 7 are each amended to read as follows:

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

(2) At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) ((approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; (d))) enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems; (c) order conditions of supervision for the child which may include: (i) Regular school attendance; (ii) counseling; (iii) participation in a substance abuse or mental health outpatient treatment program; (iv) reporting on a regular basis to the department or any other designated person or agency; and (v) any other condition the court deems an appropriate condition of supervision; (d) order the parent to participate in counseling services or any other services for the child requiring parental participation; (e) order that the child be placed in an out-of-home placement ((~~at the request of the child or the department not to exceed ninety days~~)); or ((~~(e)~~)) (f) order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. ((~~Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(2).~~))

(3) If a proceeding under this chapter is pursuant to a conversion of a truancy proceeding under RCW 28A.225.035(16), the disposition order shall include regular school attendance.

(4) Unless agreed to by the parent, the court may only enter an order under subsection (2)(d) of this section if it finds by clear and convincing evidence that: (a) The order is in the best interests of the family; (b) the parents have not agreed to counseling services or any other services for the child requiring parental participation; (c) the problems can not be resolved by delivery of counseling services or other services solely to the child; and (d) counseling services or other services for the child requiring parental participation are available.

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

((~~(4)~~)) (6) The parent shall be financially responsible for costs related to the court-ordered plan. However, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

(7) The court may order the department to ((submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court)) monitor compliance with the dispositional order, assist in coordinating the provisions of court-ordered services, and submit reports to subsequent review hearings regarding the status of the case. If ((~~the parties or~~)) the court ((~~desire~~)) orders the department to be involved in ((~~any future proceedings or case plan development~~)) the case, the department shall be provided with timely notification of all court hearings.

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

~~(6) After the court approves or orders an out-of-home placement~~)) (8) In all at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter.

(9) Subsequent to the disposition hearing, the parents or the department may request, and the court may grant, dismissal of the ((~~child in need of services~~)) at-risk youth proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:

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

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

(c) The department has exhausted all available and appropriate resources that would result in reunification or eliminate the conditions resulting in the filing of the petition.

((~~(7)~~)) (10) Upon the request of the parents, the court shall dismiss ((~~a placement made under subsection (2)(c) of this section upon the request of the parents~~)) an at-risk youth proceeding unless: (a) A contempt action is pending in the case; or (b) the disposition order is pursuant to a clear and convincing finding as provided in subsection (4) of this section.

(11) A request for dismissal of a proceeding under this chapter, which pursuant to a parent's motion was converted from a proceeding filed under chapter 28A.225 RCW, will result in the matter reverting to being a proceeding under chapter 28A.225 RCW.

(12) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

NEW SECTION. Sec. 15. A new section is added to chapter 13.32A RCW to read as follows:

(1) In the disposition hearing, the court may adopt the additional orders authorized under this section if it finds that the child involved in the proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment. The court may order that a child be placed in a staff secure facility, other than a crisis residential center, that will provide for the child's participation in a program designed to remedy his or her behavioral difficulties or needs. The court may not enter this order unless, at the disposition hearing, it finds that the placement is clearly necessary to protect the child and that a less restrictive order would be inadequate to protect the child, given the child's age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure to serious risk should the child run away from home again.

(2) The order shall require periodic court review of the placement, with the first review hearing conducted not more than thirty days after the date of the placement. At each review hearing the court shall advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate. The court shall modify its orders as it finds necessary to protect the child. Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190.

(3) State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated to expressly pay for them.

Sec. 16. RCW 13.32A.190 and 1996 c 133 s 25 are each amended to read as follows:

(1) Upon making a dispositional order under RCW 13.32A.179, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in programs for reconciliation of their conflict.

(2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with this chapter. If the order provides for an out-of-home placement, the court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have made reasonable efforts to resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.

(3) Court supervision of the child may not be continued past one hundred eighty days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision.

(4) Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order the child to return to the home of the parent at the expiration of the placement. If an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring the child to return to the home of the child's parent.

((~~(4)~~)) (5) The parents and the department may request, and the juvenile court may grant, dismissal of ((~~an out-of-home placement order~~)) the at-risk youth proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:

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

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

((~~(5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179(3).~~))

(6) The court may dismiss ((~~a child in need of services~~)) an at-risk youth petition filed by a parent at any time if the court finds good cause to believe that continuation of ((~~out-of-home placement~~)) the proceeding would serve no useful purpose.

(7) The court shall dismiss ((~~a child in need of services~~)) an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

(8) At its discretion, the court may hold a hearing to review an at-risk youth matter at any time throughout the duration of the proceeding.

NEW SECTION. Sec. 17. A new section is added to chapter 13.32A RCW to read as follows:

Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

(1) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.

(2) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.

(3) A child placed in confinement for contempt under this section shall be placed in confinement only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

(4) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

(5) Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under this chapter, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

Sec. 18. RCW 28A.225.035 and 1999 c 319 s 3 are each amended to read as follows:

(1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall consist of a written notification to the court alleging that:

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

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

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

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

(3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what the court might order under RCW 28A.225.090.

(4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that a referral to an available community truancy board would substantially reduce the child's unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.

(5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child's truancy within thirty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child's parent. The agreement shall be presented to the juvenile court for its approval.

(6) The court shall approve the agreement by order or schedule a hearing. The court may, if the school district and community truancy board agree, permit the truancy board to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015, and report on compliance with the order.

(7) If the truancy board fails to reach an agreement, the truancy board shall return the case to the juvenile court for a hearing.

(8) Notwithstanding the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences. When a juvenile court hearing is held, the court shall:

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

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

(9) The court may require the attendance of the child if eight years old or older, the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030.

(10) A school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.

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

(12) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter. In no case may the order expire before the end of the school year in which it is entered.

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

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

(15) If after a juvenile court assumes jurisdiction in one county the child relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county.

(16) At any time after the filing of a truancy petition on his or her child, and subsequent to a family assessment as provided under RCW 13.32A.150(1), a parent may file with the court a motion requesting the matter be converted to a proceeding under chapter 13.32A RCW. The court shall approve the motion unless there is a pending contempt action under this chapter or the court has reason to believe the conversion would not be in the best interest of the child.

Sec. 19. RCW 28A.225.090 and 1999 c 319 s 4 are each amended to read as follows:

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

(a) Attend the child's current school;

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

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

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

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

(2)(a) If the child fails to comply with the court order, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community service. Subject to available resources, the court may also order that a risk and needs assessment be conducted on the child, and the matter scheduled for a follow-up hearing to take place within fourteen days. Pursuant to the outcome of the risk and needs assessment, the court may order conditions as provided under chapter 13.32A RCW, including regular school attendance; counseling; participation in a substance abuse or mental health outpatient treatment program; reporting on a regular basis to the department of social and health services or any other designated person or agency; and any other condition the court deems an appropriate condition of supervision.

(b) Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

(3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community service instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

(4)(a) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community service. Subject to available resources, the court may also order that a risk and needs assessment be conducted on the child, and the matter scheduled for a follow-up hearing to take place within fourteen days. Pursuant to the outcome of the risk and needs assessment, the court may order conditions as provided under chapter 13.32A RCW, including regular school attendance; counseling; participation in a substance abuse or mental health outpatient treatment program; reporting on a regular basis to the department of social and health services or any other designated person or agency; and any other condition the court deems an appropriate condition of supervision.

(b) Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.

(5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015.

NEW SECTION. Sec. 20. The following acts or parts of acts are each repealed:

(1) RCW 13.32A.191 (At-risk youth--Petition by parent) and 1995 c 312 s 25;

(2) RCW 13.32A.192 (At-risk youth petition--Prehearing procedures) and 1997 c 146 s 8, 1996 c 133 s 26, 1995 c 312 s 26, & 1990 c 276 s 12;

(3) RCW 13.32A.194 (At-risk youth petition--Court procedures) and 1996 c 133 s 27, 1995 c 312 s 27, & 1990 c 276 s 13;

(4) RCW 13.32A.196 (At-risk youth petition--Dispositional hearing) and 1995 c 312 s 28, 1991 c 364 s 14, & 1990 c 276 s 14;

(5) RCW 13.32A.197 (Disposition hearing--Additional orders for specialized treatment--Review hearings--Limitation--Use of state funds) and 1996 c 133 s 3;

(6) RCW 13.32A.198 (At-risk youth--Review by court) and 1990 c 276 s 15;

(7) RCW 13.32A.205 (Acceptance of petitions by court--Damages) and 1995 c 312 s 32; and

(8) RCW 13.32A.250 (Failure to comply with order as civil contempt‑-Motion--Penalties) and 1998 c 296 s 37, 1996 c 133 s 28, 1995 c 312 s 29, & 1990 c 276 s 16.