AN
ACT Relating to technical and clarifying amendments to the family
reconciliation act; amending RCW 13.32A.010, 13.32A.030, 13.32A.040,
13.32A.042, 13.32A.044, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.080,
13.32A.082, 13.32A.090, 13.32A.095, 13.32A.100, 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.191, 13.32A.194, 13.32A.196, and 13.32A.200; adding a new section to
chapter 13.32A RCW; creating a new section; repealing RCW 13.32A.210; and
providing an expiration date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.32A.010 and 1995 c 312 s 1 are each amended to read as follows:
The
legislature finds that within any group of people there exists a need for
guidelines for acceptable behavior and that, presumptively, the experience and
maturity of parents make them better qualified to establish guidelines
beneficial to and protective of their children. The legislature further finds
that it is the right and responsibility of adults to establish laws for the
benefit and protection of the society; and that, in the same manner, the right
and responsibility for establishing reasonable guidelines for the family unit
belongs to the adults within that unit. Further, absent abuse or neglect,
parents ((should)) have the right to exercise control over their
children. The legislature reaffirms its position stated in RCW 13.34.020 that
the family unit is the fundamental resource of American life which should be
nurtured and that it should remain intact in the absence of compelling evidence
to the contrary.
The
legislature recognizes there is a need for services and assistance for parents
and children who are in conflict. These conflicts are manifested by children
who exhibit various behaviors including: Running away, substance abuse,
serious acting out problems, mental health needs, and other behaviors that
endanger themselves or others.
The
legislature finds many parents do not know their rights regarding their
adolescent children and law enforcement. Parents and courts feel they have
insufficient legal recourse for the chronic runaway child who is endangering
himself or herself through his or her behavior. The legislature further
recognizes that for chronic runaways whose behavior puts them in serious danger
of harming themselves or others, secure facilities must be provided to allow
opportunities for assessment, treatment, and to assist parents and protect
their children. The legislature intends to give tools to parents, courts, and
law enforcement to keep families together and reunite them whenever possible.
The
legislature recognizes that some children run away to protect themselves from
abuse or neglect in their homes. Abused and neglected children should be dealt
with pursuant to chapter 13.34 RCW and it is not the intent of the legislature
to handle dependency matters under this chapter.
The
legislature intends services offered under this chapter be on a voluntary basis
whenever possible to children and their families and that the courts be used as
a last resort.
The
legislature intends to increase the safety of children through the preservation
of families and the provision of assessment, treatment, and placement services
for children in need of services and at-risk youth including services and
assessments conducted under chapter 13.32A RCW and RCW 74.13.033. Within
available funds, the legislature intends to provide these services through
crisis residential centers in which children and youth may safely reside for a
limited period of time. The time in residence shall be used to conduct an
assessment of the needs of the children, youth, and their families. The
assessments are necessary to identify appropriate services and placement
options that will reduce the likelihood that children will place themselves in
dangerous or life-threatening situations.
The
legislature recognizes that crisis residential centers provide an opportunity
for children to receive short-term necessary support and nurturing in cases
where there may be abuse or neglect. The legislature intends that center staff
provide an atmosphere of concern, care, and respect for children in the center
and their parents.
The
legislature intends to provide for the protection of children who, through
their behavior, are endangering themselves. The legislature intends to provide
appropriate residential services, including secure facilities, to protect,
stabilize, and treat children with serious problems. The legislature further
intends to empower parents by providing them with the assistance they require
to raise their children.
Sec.
2. 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)
"Abuse or neglect" means the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child by any person
under circumstances which indicate that the child'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 in this
section.
(2)
"Administrator" means the individual who has the daily administrative
responsibility of a crisis residential center, or his or her designee.
(((2)))
(3) "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)))
(4) "Child," "juvenile," and "youth" mean
any unemancipated individual who is under the chronological age of eighteen
years.
(((4)))
(5) "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 on two or more separate occasions from the
home of either 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: (A) Necessary services, including food, shelter,
health care, clothing, ((educational,)) or education; or (B)
services designed to maintain or reunite the family;
(ii)
Who lacks access to, 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)))
(6) "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)))
(7) "Crisis residential center" means a secure or semi-secure
facility established pursuant to chapter 74.13 RCW.
(((7)))
(8) "Custodian" means the person or entity who has the legal
right to the custody of the child.
(((8)))
(9) "Department" means the department of social and health
services.
(((9)))
(10) "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)))
(11) "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)))
(12) "Multidisciplinary team" means a group formed to provide
assistance and support to a child who is an at-risk youth or a child in need of
services and his or her parent. The team shall include the parent, a
department case worker, a local government representative when authorized by
the local government, and when appropriate, members from the mental health and
substance abuse disciplines. The team may also include, but is not limited to,
the following persons: Educators, law enforcement personnel, probation
officers, employers, church persons, tribal members, therapists, medical
personnel, social service providers, placement providers, and extended family
members. The team members shall be volunteers who do not receive compensation
while acting in a capacity as a team member, unless the member's employer chooses
to provide compensation or the member is a state employee.
(((12)))
(13) "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)))
(14) "Parent" means the parent or parents who have the legal
right to custody of the child. "Parent" includes custodian or
guardian.
(((14)))
(15) "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)))
(16) "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)))
(17) "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)))
(18) "Temporary out-of-home placement" means an out-of-home
placement of not more than fourteen days ordered by the court at a fact-finding
hearing on a child in need of services petition.
Sec.
3. 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 services 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)). These
services 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)), and training in
parenting, conflict management, and dispute resolution skills.
Sec.
4. 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 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 petition has been filed under RCW 13.32A.140. If a petition has been
filed the parent may not disband the team until the hearing is held under RCW
13.32A.179. The court may allow the team to continue if an out-of-home
placement is ordered under RCW 13.32A.179(3). Upon the filing of an at-risk
youth or dependency petition the team shall cease to exist, unless the parent
requests continuation of the team or unless the out-of-home placement was
ordered under RCW 13.32A.179(3).
(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.
5. 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)
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.
(3)
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)))
(4) 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. The multidisciplinary
team shall have no standing as a party in any action under this title.
(((4))) (5) 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.
Sec.
6. RCW
13.32A.050 and 1997 c 146 s 2 are each amended to read as follows:
(1)
A law enforcement officer shall take a child into custody:
(a)
If a law enforcement agency has been contacted by the parent of the child that
the child is absent from parental custody without consent; or
(b)
If a law enforcement officer reasonably believes, considering the child's age,
the location, and the time of day, that a child is in circumstances which
constitute a danger to the child's safety or that a child is violating a local
curfew ordinance; or
(c)
If an agency legally charged with the supervision of a child has notified a law
enforcement agency that the child has run away from placement; or
(d)
If a law enforcement agency has been notified by the juvenile court that the
court finds probable cause exists to believe that the child has violated a
court placement order issued ((pursuant to)) under this chapter
((13.32A)) or chapter 13.34 RCW or that the court has issued an
order for law enforcement pick-up of the child under this chapter or chapter
13.34 RCW.
(2)
Law enforcement custody shall not extend beyond the amount of time reasonably
necessary to transport the child to a destination authorized by law and to
place the child at that destination. Law enforcement custody continues until
the law enforcement officer transfers custody to a person, agency, or other authorized
entity under this chapter, or releases the child because no placement is
available. Transfer of custody is not complete unless the person, agency, or
entity to whom the child is released agrees to accept custody.
(3)
If a law enforcement officer takes a child into custody pursuant to either
subsection (1)(a) or (b) of this section and transports the child to a crisis
residential center, the officer shall, within twenty-four hours of delivering
the child to the center, provide to the center a written report detailing the
reasons the officer took the child into custody. The center shall provide the
department with a copy of the officer's report.
(4)
If the law enforcement officer who initially takes the juvenile into custody or
the staff of the crisis residential center have reasonable cause to believe
that the child is absent from home because he or she is abused or neglected, a
report shall be made immediately to the department.
(5)
Nothing in this section affects the authority of any political subdivision to
make regulations concerning the conduct of minors in public places by ordinance
or other local law.
(6)
If a law enforcement officer ((receives a report that causes the officer to
have)) has a reasonable suspicion that a child is being unlawfully
harbored ((under RCW 13.32A.080 or for other reasons has a reasonable
suspicion that a child is being harbored under)) in violation of RCW
13.32A.080, the officer shall remove the child from the custody of the person
harboring the child and shall transport the child to one of the locations
specified in RCW 13.32A.060.
(7)
No child may be placed in a secure facility except as provided in this chapter.
Sec.
7. RCW
13.32A.060 and 1997 c 146 s 3 are each amended to read as follows:
(1)
An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall
inform the child of the reason for such custody and shall:
(a)
Transport the child to his or her home or to a parent at his or her place of
employment, if no parent is at home. The parent may request that the officer
take the child to the home of an adult extended family member, responsible
adult, crisis residential center, the department, or a licensed youth shelter.
In responding to the request of the parent, the officer shall take the child to
a requested place which, in the officer's belief, is within a reasonable
distance of the parent's home. The officer releasing a child into the custody
of a parent, an adult extended family member, responsible adult, or a licensed
youth shelter shall inform the person receiving the child of the reason for
taking the child into custody and inform all parties of the nature and location
of appropriate services available in the community; or
(b)
After attempting to notify the parent, take the child to a designated crisis
residential center's secure facility or a center's semi-secure facility if a
secure facility is full, not available, or not located within a reasonable
distance if:
(i)
((If)) The child expresses fear or distress at the prospect of
being returned to his or her home which leads the officer to believe there is a
possibility that the child is experiencing some type of ((child)) abuse
or neglect((, as defined in RCW 26.44.020));
(ii)
((If)) It is not practical to transport the child to his or her
home or place of the parent's employment; or
(iii)
((If)) There is no parent available to accept custody of the
child; or
(c)
After attempting to notify the parent, if a crisis residential center is full,
not available, or not located within a reasonable distance, ((the officer
may)) request the department to accept custody of the child. If the
department determines that an appropriate placement is currently available, the
department shall accept custody and place the child in an out-of-home
placement. Upon accepting custody of a child from the officer, the department
may place the child in an out-of-home placement for up to seventy-two hours,
excluding Saturdays, Sundays, and holidays, without filing a child in need of
services petition ((under this chapter)), obtaining parental consent, or
obtaining an order for placement under chapter 13.34 RCW. Upon transferring a
child to the department's custody, the officer shall provide written
documentation of the reasons and the statutory basis for taking the child into
custody. If the department declines to accept custody of the child, the
officer may release the child after attempting to take the child to the
following, in the order listed: The home of an adult extended family member; a
responsible adult; or a licensed youth shelter ((and)). The
officer shall immediately notify the department if no placement option is
available and the child is released.
(2)
An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall
inform the child of the reason for custody. An officer taking a child into
custody under RCW 13.32A.050(1)(c) may release the child to the supervising
agency, or shall take the child to a designated crisis residential center's
secure facility. If the secure facility is not available, not located within a
reasonable distance, or full, the officer shall take the child to a semi-secure
crisis residential center. An officer taking a child into custody under RCW
13.32A.050(1)(d) may place the child in a juvenile detention facility as
provided in RCW 13.32A.065 or a secure facility, except that the child shall be
taken to detention whenever the officer has been notified that a juvenile court
has entered a detention order under this chapter or chapter 13.34 RCW.
(3)
Every officer taking a child into custody shall provide the child and his or
her parent or parents or responsible adult with a copy of the statement
specified in RCW 13.32A.130(6).
(4)
Whenever an officer transfers custody of a child to a crisis residential center
or the department, the child may reside in the crisis residential center or may
be placed by the department in an out-of-home placement for an aggregate total
period of time not to exceed seventy-two hours excluding Saturdays, Sundays,
and holidays. Thereafter, the child may continue in out-of-home placement only
if the parents have consented, a child in need of services petition has been
filed ((under this chapter)), or an order for placement has been entered
under chapter 13.34 RCW.
(((4)))
(5) The department shall ensure that all law enforcement authorities are
informed on a regular basis as to the location of all designated secure and
semi-secure facilities within centers in their jurisdiction, where children
taken into custody under RCW 13.32A.050 may be taken.
Sec.
8. RCW
13.32A.065 and 1996 c 133 s 12 are each amended to read as follows:
(1)
((A child may be placed in detention after being taken into custody pursuant
to RCW 13.32A.050(1)(d).)) If a child is placed in detention under RCW
13.32A.050(1)(d), the court shall hold a detention review hearing within
twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall
release the child after twenty-four hours, excluding Saturdays, Sundays, and
holidays, unless:
(a)
A motion and order to show why the child should not be held in contempt has
been filed and served on the child at or before the detention hearing; and
(b)
The court believes that the child would not appear at a hearing on contempt.
(2)
If the court orders the child to remain in detention, the court shall set the
matter for a hearing on contempt within seventy-two hours, excluding Saturdays,
Sundays, and holidays.
Sec.
9. 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.
(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)
Unlawful harboring of 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.
10. RCW
13.32A.082 and 1996 c 133 s 14 are each amended to read as follows:
(1)
Any person who, without legal authorization, provides shelter to a minor and
who knows at the time of providing the shelter that the minor is away from the
parent's home without the permission of the parent, or other lawfully
prescribed residence((, without the permission of the parent)), shall
promptly report the location of the child to the parent, the law enforcement
agency of the jurisdiction in which the person lives, or the department. The
report may be made by telephone or any other reasonable means.
(2)
Unless the context clearly requires otherwise, the definitions in this
subsection apply throughout this section.
(a)
"Shelter" means the person's home or any structure over which the
person has any control.
(b)
"Promptly report" means to report within eight hours after the person
has knowledge that the minor is away from a lawfully prescribed residence or
home without parental permission.
(3) When the department receives a report under subsection (1) of
this section, it shall make a good faith attempt to notify the parent that a
report has been received and offer services designed to resolve the conflict
and accomplish a reunification of the family.
Sec.
11. RCW
13.32A.090 and 1996 c 133 s 7 are each amended to read as follows:
(1)
The administrator of a designated crisis residential center or the department
shall perform the duties under subsection (((2))) (3) of this
section:
(a)
Upon admitting a child who has been brought to the center by a law enforcement
officer under RCW 13.32A.060;
(b)
Upon admitting a child who has run away from home or has requested admittance
to the center;
(c)
Upon learning from a person under RCW ((13.32A.080(3))) 13.32A.082
that the person is providing shelter to a child absent from home; or
(d)
Upon learning that a child has been placed with a responsible adult pursuant to
RCW 13.32A.060.
(2)
Transportation expenses of the child shall be at the parent's expense to the
extent of his or her ability to pay, with any unmet transportation expenses
assumed by the department.
(3)
When any of the circumstances under subsection (1) of this section are present,
the administrator of a center or the department shall perform the following
duties:
(a)
Immediately notify the child's parent of the child's whereabouts, physical and
emotional condition, and the circumstances surrounding his or her placement;
(b)
Initially notify the parent that it is the paramount concern of the family
reconciliation service personnel to achieve a reconciliation between the parent
and child to reunify the family and inform the parent as to the procedures to
be followed under this chapter;
(c)
Inform the parent whether a referral to children's protective services has been
made and, if so, inform the parent of the standard pursuant to RCW
26.44.020(12) governing child abuse and neglect in this state; and either
(d)(i)
Arrange transportation for the child to the residence of the parent, as soon as
practicable, ((at the latter's expense to the extent of his or her ability
to pay, with any unmet transportation expenses to be assumed by the department,))
when the child and his or her parent agrees to the child's return home or when
the parent produces a copy of a court order entered under this chapter
requiring the child to reside in the parent's home; or
(((e)))
(ii) Arrange transportation for the child to: (i) An out-of-home
placement which may include a licensed group care facility or foster family
when agreed to by the child and parent; or (ii) a certified or licensed mental
health or chemical dependency program of the parent's choice((; at the
parent's expense to the extent of his or her ability to pay, with any unmet
transportation expenses assumed by the department)).
(((3)))
(4) If the administrator of the crisis residential center performs the
duties listed in subsection (((2))) (3) of this section, he or
she shall also notify the department that a child has been admitted to the
crisis residential center.
Sec.
12. RCW
13.32A.095 and 1996 c 133 s 15 are each amended to read as follows:
The
administrator of ((the)) a crisis residential center shall notify
parents ((and)), the appropriate law enforcement agency, and
the department immediately as to any unauthorized leave from the center by
a child placed at the center.
Sec.
13. RCW
13.32A.100 and 1996 c 133 s 16 are each amended to read as follows:
Where
a child is placed in an out-of-home placement pursuant to RCW 13.32A.090(((2)(e)))
(3)(d)(ii), the department shall make available family reconciliation
services in order to facilitate the reunification of the family. Any such
placement may continue as long as there is agreement by the child and parent.
Sec.
14. 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))) (3)(d)(ii), 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))) (3)(d)(ii), either the child or parent
may file ((with the juvenile court)) a child in need of services
petition to approve an out-of-home placement or the parent may file ((with
the juvenile court a)) an at-risk youth 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))) (3)(d)(ii), either the child or parent may
file ((with the juvenile court)) a child in need of services petition to
((approve)) continue an out-of-home placement or the parent may
file ((with the juvenile court a)) an at-risk youth petition ((in
the interest of a child alleged to be an at-risk youth under this chapter)).
Sec.
15. 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 at least twenty-four hours after admission
but 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 per admission.
(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)) admission, 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.
(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))
any person employed at the center acting in good faith in carrying out
the provisions of this section are immune from criminal or civil liability for
such actions.
Sec.
16. RCW
13.32A.140 and 1997 c 146 s 5 are each amended to read as follows:
Unless
the department files a dependency petition, the department shall file a child
in need of services petition to approve an out-of-home placement on behalf of a
child under any of the following sets of circumstances:
(1)
The child has been admitted to a crisis residential center or has been placed
by the department in an out-of-home placement, and:
(a)
The parent has been notified that the child was so admitted or placed;
(b)
The child cannot return home, and legal authorization is needed for out-of-home
placement beyond seventy-two hours;
(c)
No agreement between the parent and the child as to where the child shall live
has been reached;
(d)
No child in need of services petition has been filed by either the child or
parent;
(e)
The parent has not filed an at-risk youth petition; and
(f)
The child has no suitable place to live other than the home of his or her
parent.
(2)
The child has been admitted to a crisis residential center and:
(a)
Seventy-two hours, including Saturdays, Sundays, and holidays, have passed
since such placement;
(b)
The staff, after searching with due diligence, have been unable to contact the
parent of such child; and
(c)
The child has no suitable place to live other than the home of his or her
parent.
(3)
An agreement between parent and child made pursuant to RCW 13.32A.090(((2)(e)))
(3)(d)(ii) or pursuant to RCW 13.32A.120(1) is no longer acceptable to
parent or child, and:
(a)
The party to whom the arrangement is no longer acceptable has so notified the
department;
(b)
Seventy-two hours, including Saturdays, Sundays, and holidays, have passed
since such notification;
(c)
No new agreement between parent and child as to where the child shall live has
been reached;
(d)
No child in need of services petition has been filed by either the child or the
parent;
(e)
The parent has not filed an at-risk youth petition; and
(f)
The child has no suitable place to live other than the home of his or her
parent.
Under
the circumstances of subsections (1), (2), or (3) of this section, the child
shall remain in an out-of-home placement until a child in need of services
petition filed by the department on behalf of the child is reviewed ((by the
juvenile court)) and ((is)) resolved by the juvenile court.
The department may authorize emergency medical or dental care for a child
admitted to a crisis residential center or placed in an out-of-home placement
by the department. The state, when the department files a child in need of
services petition under this section, shall be represented as provided for in
RCW 13.04.093.
Sec.
17. 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 petition by the child or the
parents or the filing of an at-risk youth petition by the parent, unless
verification is provided that the department has completed 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 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. 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 under this
chapter.
(3)
A petition may not be filed if the child is the subject of a proceeding under
chapter 13.34 RCW.
Sec.
18. 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 petition is filed by: (a) A youth
pursuant to RCW 13.32A.150((,)); (b) the child or the child's parent
pursuant to RCW 13.32A.120; or (c) 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 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.
19. 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 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, to have counsel appointed for him or
her by the court; (c) appoint legal counsel for the child; (d) inform the child
and his or her parent of the legal consequences of the court approving or
disapproving a child in need of services petition; (e) notify the parents of
their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34
RCW, including the right to file an at-risk youth petition, the right to submit
an application for admission of their child to a treatment facility for
alcohol, chemical dependency, or mental health treatment, and the right to file
a guardianship petition; and (f) notify all parties, including the department, of
their right to present evidence at the fact-finding hearing.
(2)
Upon filing of a child in need of services petition, the child may be placed,
if not already placed, by the department in a crisis residential center, foster
family home, group home facility licensed under chapter 74.15 RCW, or any other
suitable residence other than a HOPE center to be determined by the
department. The court may place a child in a crisis residential center for a
temporary out-of-home placement as long as the requirements of RCW 13.32A.125
are met.
(3)
If the child has been placed in a foster family home or group care facility under
chapter 74.15 RCW, the child shall remain there, or in any other suitable
residence as determined by the department, pending resolution of the petition
by the court. Any placement may be reviewed by the court within three judicial
days upon the request of the juvenile or the juvenile's parent.
Sec.
20. 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 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)
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 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)))
(5);
(b)
If the petitioner is a child, he or she has made a reasonable effort to resolve
the conflict;
(c)
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)
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; or (c) dismiss the petition((; or (d))).
At
any time the court may order the department to review the case to determine
whether the case is appropriate for a dependency petition under chapter 13.34
RCW.
Sec.
21. 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. 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; or (d) order an out-of-home placement at the request of the
child or the department not to exceed ninety days((; or (e))).
At
any time the court may 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).
(3)
The court may only enter an order under subsection (2)(d) of this section if it
finds by clear, cogent, and convincing evidence that: (a)(i) The order is in
the best interest of the family; (ii) the parents have not requested an
out-of-home placement; (iii) the parents have not exercised any other right
listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to
resolve the problems that led to the filing of the petition; (v) the problems
cannot be resolved by delivery of services to the family during continued placement
of the child in the parental home; (vi) reasonable efforts have been made to
prevent or eliminate the need for removal of the child from the child's home
and to make it possible for the child to return home; and (vii) a suitable
out-of-home placement resource is available; (b)(i) the order is in the best
interest of the child; and (ii) the parents are unavailable; or (c) the
parent's actions cause an imminent threat to the child's health or safety.
(4)
The court may order the department to submit a dispositional plan if such a
plan would assist the court in ordering a suitable disposition in the case.
The plan, if ordered, shall address the needs of the child, and the perceived
needs of the parents if the order was entered under subsection (2)(d) of this
section or if specifically agreed to by the parents. If the parents do not
agree or the order was not entered under subsection (2)(d) of this section the
plan may only make recommendations regarding services in which the parents may
voluntarily participate. If the court orders the department to prepare a plan,
the department shall provide copies of the plan to the parent, the child, and
the court. If the parties or the court desire the department to be involved in
any future proceedings or case plan development, the department shall be
provided with timely notification of all court hearings.
(5)
A child who fails to comply with a court order issued under this section shall
be subject to contempt proceedings, as provided in this chapter, but only if
the noncompliance occurs within one year after the entry of the order.
(6)
After the court approves or orders an out-of-home placement, the parents or the
department may request, and the court may grant, dismissal of the child in need
of services proceeding when it is not feasible for the department to provide
services due to one or more of the following circumstances:
(a)
The child has been absent from court approved placement for thirty consecutive
days or more;
(b)
The parents or the child, or all of them, refuse to cooperate in available,
appropriate intervention aimed at reunifying the family; or
(c)
The department has exhausted all available and appropriate resources that would
result in reunification.
(7)
The court shall dismiss a placement made under subsection (2)(c) of this
section upon the request of the parents.
Sec.
22. RCW
13.32A.191 and 1995 c 312 s 25 are each amended to read as follows:
(1)
A child's parent may file with the juvenile court a petition in the interest of
a child alleged to be an at-risk youth. The department shall, when requested,
assist the parent in filing the petition. The petition shall be filed in the
county where the petitioner resides. The petition shall set forth the name,
age, and residence of the child and the names and residence of the child's
parents and shall allege that:
(a)
The child is an at-risk youth ((as defined in this chapter));
(b)
The petitioner has the right to legal custody of the child;
(c)
Court intervention and supervision are necessary to assist the parent to
maintain the care, custody, and control of the child; and
(d)
Alternatives to court intervention have been attempted or there is good cause
why such alternatives have not been attempted.
(2)
The petition shall set forth facts that support the allegations in this section
and shall generally request relief available under this chapter. The petition
need not specify any proposed disposition following adjudication of the
petition. The filing of an at-risk youth petition 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 the special jurisdiction to assist the parent
in maintaining parental authority and responsibility for the child.
(3)
A petition may not be filed if a dependency petition is pending under chapter
13.34 RCW.
Sec.
23. RCW
13.32A.194 and 1996 c 133 s 27 are each amended to read as follows:
(1)
The court shall hold a fact-finding hearing to consider a proper at-risk youth
petition. The court shall grant the petition and enter an order finding the
child to be an at-risk youth if the allegations in the petition are established
by a preponderance of the evidence, unless the child is the subject of a
proceeding under chapter 13.34 RCW. If the petition is granted, the court
shall enter an order requiring the child to reside in the home of his or her
parent or in an out-of-home placement as provided in RCW 13.32A.192(2).
(2)
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. If the parties or
the court desire the department to be involved in any future proceedings or
case plan development, the department shall be provided timely notification of
all court hearings.
(3)
((A dispositional hearing shall be held no later than fourteen days after
the fact-finding hearing. Each party shall be notified of the time and date of
the hearing.
(4))) If
the court grants or denies an at-risk youth petition, a statement of the
written reasons shall be entered into the records. If the court denies an
at-risk youth 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.
Sec.
24. RCW
13.32A.196 and 1995 c 312 s 28 are each amended to read as follows:
(1)
A dispositional hearing shall be held no later than fourteen days after the
fact-finding hearing. Each party shall be notified of the time and date of the
hearing.
(2)
At the dispositional hearing regarding an adjudicated at-risk youth, the court
shall consider the recommendations of the parties and the recommendations of
any dispositional plan submitted by the department. The court may 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.
(((2)))
(3) The court may set conditions of supervision for the child that
include:
(a)
Regular school attendance;
(b)
Counseling;
(c)
Participation in a substance abuse or mental health outpatient treatment
program;
(d)
Reporting on a regular basis to the department or any other designated person
or agency; and
(e)
Any other condition the court deems an appropriate condition of supervision
including but not limited to: Employment, participation in an anger management
program, and refraining from using alcohol or drugs.
(((3)))
(4) 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.
(((4)))
(5) The court may order the parent to participate in counseling services
or any other services for the child requiring parental participation. The
parent shall cooperate with the court-ordered case plan and shall take
necessary steps to help implement the case plan. 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.
(((5)))
(6) The parent may request dismissal of an at-risk youth proceeding or
out-of-home placement at any time ((and)). Upon such a request,
the court shall dismiss the matter and cease court supervision of the child
unless: (a) A contempt action is pending in the case; (b) a petition has been
filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179;
or (c) an order has been entered under RCW 13.32A.179(3) and the court retains
jurisdiction under that subsection. The court may retain jurisdiction over the
matter for the purpose of concluding any pending contempt proceedings,
including the full satisfaction of any penalties imposed as a result of a
contempt finding.
(((6)))
(7) The court may order the department to monitor compliance with the
dispositional order, assist in coordinating the provision of court-ordered
services, and submit reports at subsequent review hearings regarding the status
of the case.
Sec.
25. RCW
13.32A.200 and 1979 c 155 s 34 are each amended to read as follows:
All
hearings pursuant to this chapter may be conducted at any time or place within the
county of the residence of the parent and such cases shall not be heard in
conjunction with the business of any other division of the superior court. The
((general)) public shall be excluded from hearings and only such persons
who are found by the court to have a direct interest in the case or the work of
the court shall be admitted to the proceedings.
NEW
SECTION. Sec. 26. The
department of social and health services shall prepare a report to the
legislature and governor on the utilization of multidisciplinary teams
established under RCW 13.32A.042. The report shall include: (1) The number of
teams established in 1997 through 1999 by department region; (2) the persons
added to the teams at the request of a parent or child; (3) the average cost
per team; (4) trends in utilization of teams by region; (5) a comparison of
out-of-home placement rates for youths whose families use the teams and those
who do not; and (6) any recommendations on the creation and usefulness of the
teams. The report shall be submitted no later than October 1, 2000. This
section expires January 1, 2001.
NEW SECTION. Sec. 27. 1990
c 276 s 1 (uncodified) shall be codified as a section within chapter 13.32A
RCW.
