HOUSE BILL 2459
State of Washington 57th Legislature 2002 Regular Session
By Representative Sommers; by request of Office of Financial Management
Read first time 01/17/2002. Referred to Committee on Appropriations.
AN ACT Relating to changes in children's programs and services as a result of budget reductions; amending RCW 13.40.510, 43.70.555, 74.14A.060, 74.14C.005, 13.32A.040, 13.32A.100, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.191, 13.32A.194, 13.32A.196, 13.32A.010, 13.32A.030, 13.32A.192, 74.13.032, 74.13.033, 74.13.034, 74.15.220, 74.15.240, 74.20A.030, 13.34.270, 74.13.350, 74.14D.020, 74.14D.030, 28A.225.015, 28A.225.020, 28A.225.025, and 28A.225.030; reenacting and amending RCW 69.50.520, 13.32A.060, 13.32A.065, and 13.32A.130; creating a new section; repealing RCW 74.14C.050, 70.190.005, 70.190.010, 70.190.020, 70.190.030, 70.190.040, 70.190.050, 70.190.060, 70.190.065, 70.190.070, 70.190.075, 70.190.080, 70.190.085, 70.190.090, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, 70.190.160, 70.190.170, 70.190.180, 70.190.190, 70.190.910, 70.190.920, 74.13.0321, 74.14D.040, and 28A.225.151; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
I. Family Policy Council and
Community Public Health and Safety Networks
Sec. 1. RCW 13.40.510 and 1997 c 338 s 61 are each amended to read as follows:
(1) In order to receive funds under RCW 13.40.500 through 13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the juvenile rehabilitation administration of the department of social and health services for certification.
(2) The proposals must:
(a) Demonstrate that
the proposals were developed with ((
the input of the community public health
and safety networks established under RCW 70.190.060, and)) the local law
and justice councils established under RCW 72.09.300;
(b) Describe how local community groups or members are involved in the implementation of the programs funded under RCW 13.40.500 through 13.40.540;
(c) Include a
description of how the grant funds will contribute to the expected outcomes of
the program and the reduction of youth violence and juvenile crime in their
Data approaches are not required to be replicated if the
networks have information that addresses risks in the community for juvenile
(3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under RCW 13.40.520.
(4) The juvenile
rehabilitation administration, in consultation with the Washington association
of juvenile court administrators((
,)) and the state law and
justice advisory council, (( and the family policy council,)) shall
establish guidelines for programs that may be funded under RCW 13.40.500
through 13.40.540. The guidelines must:
(a) Target diverted and adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible;
(d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender into the community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing community-based intervention strategies;
(i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and
justice advisory council, with the assistance of the ((
family policy council
and the)) governor's juvenile justice advisory committee, may provide
support and technical assistance to local governments for training and
education regarding community-based prevention and intervention strategies.
Sec. 2. RCW 43.70.555 and 1998 c 245 s 77 are each amended to read as follows:
consultation with the family policy council created in chapter 70.190 RCW,))
shall establish, by rule, standards for local health departments and networks
to use in assessment, performance measurement, policy development, and
assurance regarding social development to prevent health problems caused by
risk factors empirically linked to: Violent criminal acts by juveniles, teen
substance abuse, teen pregnancy and male parentage, teen suicide attempts,
dropping out of school, child abuse or neglect, and domestic violence. The
standards shall be based on the standards set forth in the public health
services improvement plan as required by RCW 43.70.550.
Sec. 3. RCW 69.50.520 and 2001 2nd sp.s. c 7 s 920 and 2001 c 168 s 3 are each reenacted and amended to read as follows:
The violence reduction
and drug enforcement account is created in the state treasury. All designated
receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2), 69.50.505(i)(1),
82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of
1989 shall be deposited into the account. Expenditures from the account may be
used only for funding services and programs under chapter 271, Laws of 1989 and
chapter 7, Laws of 1994 sp. sess., including state incarceration costs. Funds
from the account may also be appropriated to reimburse local governments for
costs associated with implementing criminal justice legislation including
chapter 338, Laws of 1997. During the 2001-2003 biennium, funds from the
account may also be used for costs associated with providing grants to local
governments in accordance with chapter 338, Laws of 1997, the replacement of
the department of corrections' offender-based tracking system, maintenance and
operating costs of the Washington association of sheriffs and police chiefs
jail reporting system, and for multijurisdictional narcotics task forces. ((
July 1, 2003, at least seven and one-half percent of expenditures from the
account shall be used for providing grants to community networks under chapter
70.190 RCW by the family policy council.))
Sec. 4. RCW 74.14A.060 and 2000 c 219 s 2 are each amended to read as follows:
The secretary of the
department of social and health services shall charge appropriated funds to
support blended funding projects for youth subject to any current or future
waiver the department receives to the requirements of IV-E funding. To be
eligible for blended funding a child must be eligible for services designed to
address a behavioral, mental, emotional, or substance abuse issue from the
department of social and health services and require services from more than
one categorical service delivery system. ((
Before any blended funding
project is established by the secretary, any entity or person proposing the
project shall seek input from the public health and safety network or networks
established in the catchment area of the project. The network or networks
shall submit recommendations on the blended funding project to the family
policy council. The family policy council shall advise the secretary whether
to approve the proposed blended funding project. The network shall review the
proposed blended funding project pursuant to its authority to examine the
decategorization of program funds under RCW 70.190.110, within the current
appropriation level.)) The department shall document the number of
children who participate in blended funding projects, the total blended funding
amounts per child, the amount charged to each appropriation by program, and
services provided to each child through each blended funding project and report
this information to the appropriate committees of the legislature by December
1st of each year, beginning in December 1, 2000.
Sec. 5. RCW 74.14C.005 and 1995 c 311 s 1 are each amended to read as follows:
(1) The legislature believes that protecting the health and safety of children is paramount. The legislature recognizes that the number of children entering out-of-home care is increasing and that a number of children receive long-term foster care protection. Reasonable efforts by the department to shorten out-of-home placement or avoid it altogether should be a major focus of the child welfare system. It is intended that providing up-front services decrease the number of children entering out-of-home care and have the effect of eventually lowering foster care expenditures and strengthening the family unit.
Within available funds, the legislature directs the department to focus child welfare services on protecting the child, strengthening families and, to the extent possible, providing necessary services in the family setting, while drawing upon the strengths of the family. The legislature intends services be locally based and offered as early as possible to avoid disruption to the family, out-of-home placement of the child, and entry into the dependency system. The legislature also intends that these services be used for those families whose children are returning to the home from out-of-home care. These services are known as family preservation services and intensive family preservation services and are characterized by the following values, beliefs, and goals:
(a) Safety of the child is always the first concern;
(b) Children need their families and should be raised by their own families whenever possible;
(c) Interventions should focus on family strengths and be responsive to the individual family's cultural values and needs;
(d) Participation should be voluntary; and
(e) Improvement of family functioning is essential in order to promote the child's health, safety, and welfare and thereby allow the family to remain intact and allow children to remain at home.
(2) Subject to the
availability of funds for such purposes, the legislature intends for these
services to be made available to all eligible families on a statewide basis
through a phased-in process. Except as otherwise specified by statute, the
department of social and health services shall have the authority and
discretion to implement and expand these services as provided in this chapter.
The department shall consult with the community public health and safety
networks when assessing a community's resources and need for services.))
(3) It is the legislature's intent that, within available funds, the department develop services in accordance with this chapter.
(4) Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision of preservation services to any person or family if the services are unavailable or unsuitable or that the child or family are not eligible for such services.
NEW SECTION. Sec. 6. RCW 74.14C.050 (Implementation and evaluation plan) and 1995 c 311 s 9 & 1992 c 214 s 6 are each repealed.
NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:
(1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198 s 1;
(2) RCW 70.190.010 (Definitions) and 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
(3) RCW 70.190.020 (Consolidate efforts of existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
(4) RCW 70.190.030 (Proposals to facilitate services at the community level) and 1994 sp.s. c 7 s 316 & 1992 c 198 s 5;
(5) RCW 70.190.040 (Finding--Grants to improve readiness to learn) and 1993 c 336 s 901;
(6) RCW 70.190.050 (Community networks--Outcome evaluation) and 1998 c 245 s 122 & 1994 sp.s. c 7 s 207;
(7) RCW 70.190.060 (Community networks--Legislative intent--Membership--Open meetings) and 1998 c 314 s 12, 1996 c 132 s 3, & 1994 sp.s. c 7 s 303;
(8) RCW 70.190.065 (Member's authorization of expenditures--Limitation) and 1996 c 132 s 5;
(9) RCW 70.190.070 (Community networks--Duties) and 1994 sp.s. c 7 s 304;
(10) RCW 70.190.075 (Lead fiscal agent) and 1996 c 132 s 4;
(11) RCW 70.190.080 (Community networks--Programs and plans) and 1996 c 132 s 6 & 1994 sp.s. c 7 s 305;
(12) RCW 70.190.085 (Community networks--Sexual abstinence and activity campaign) and 1994 c 299 s 5;
(13) RCW 70.190.090 (Community networks--Planning grants and contracts--Distribution of funds--Reports) and 1999 c 309 s 918, 1996 c 132 s 7, & 1994 sp.s. c 7 s 306;
(14) RCW 70.190.100 (Duties of council) and 1998 c 245 s 123 & 1994 sp.s. c 7 s 307;
(15) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994 sp.s. c 7 s 308;
(16) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s 309;
(17) RCW 70.190.130 (Comprehensive plan--Approval process--Network expenditures--Penalty for noncompliance with chapter) and 1998 c 314 s 13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
(18) RCW 70.190.150 (Federal restrictions on funds transfers, waivers) and 1994 sp.s. c 7 s 312;
(19) RCW 70.190.160 (Community networks--Implementation in federal and state plans) and 1994 sp.s. c 7 s 314;
(20) RCW 70.190.170 (Transfer of funds and programs to state agency) and 1994 sp.s. c 7 s 320;
(21) RCW 70.190.180 (Community network--Grants for use of school facilities) and 1994 sp.s. c 7 s 604;
(22) RCW 70.190.190 (Network members immune from civil liability--Network assets not subject to attachment or execution) and 1996 c 132 s 9;
(23) RCW 70.190.910 (Severability--1992 c 198) and 1992 c 198 s 20; and
(24) RCW 70.190.920 (Effective date--1992 c 198) and 1992 c 198 s 21.
II. Family Reconciliation Services
Sec. 8. RCW 13.32A.040 and 2000 c 123 s 3 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)) may 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. 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, and training in
parenting, conflict management, and dispute resolution skills.
Sec. 9. RCW 13.32A.100 and 2000 c 123 s 13 are each amended to read as follows:
Where a child is placed
in an out-of-home placement pursuant to RCW 13.32A.090(3)(d)(ii), the
shall)) may 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. In
accordance with RCW 74.13.034, the placement may not exceed five days.
Sec. 10. RCW 13.32A.140 and 2000 c 123 s 16 are each amended to read as follows:
Unless the department
files a dependency petition, the department ((
shall)) may 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(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 ((
remain in an out-of-home licensed or certified placement until a child
in need of services petition filed by the department on behalf of the child is
reviewed and 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. 11. RCW 13.32A.150 and 2000 c 123 s 17 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. The family assessment shall
involve the multidisciplinary team if one exists. The family assessment ((
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)) ten 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 ((
may, 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
(3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.
Sec. 12. RCW 13.32A.160 and 2000 c 123 s 19 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
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
(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. 13. RCW 13.32A.191 and 2000 c 123 s 22 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)) may, 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;
(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. 14. RCW 13.32A.194 and 2000 c 123 s 23 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).
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))) 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. 15. RCW 13.32A.196 and 2000 c 123 s 24 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.
(3) The court may set conditions of supervision for the child that include:
(a) Regular school attendance;
(c) Participation in a substance abuse or mental health outpatient treatment program; and
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
(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.
(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.
(6) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time. 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.
(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.))
III. Crisis Residential Centers
Sec. 16. RCW 13.32A.010 and 2000 c 123 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 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, semi-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
, 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. 17. RCW 13.32A.030 and 2000 c 123 s 2 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.
(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.
(4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.
(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, a crisis residential center, an out-of-home placement, or a court-ordered placement; 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, 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.
(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.
residential center" means a ((
secure or)) semi-secure facility
established pursuant to chapter 74.13 RCW.
(8) "Custodian" means the person or entity who has the legal right to the custody of the child.
(9) "Department" means the department of social and health services.
(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.
(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.
(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.
(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.
(14) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.
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. (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.
"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.
"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. 18. RCW 13.32A.060 and 2000 c 162 s 11 and 2000 c 123 s 7 are each reenacted and 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 ((
secure facility or a center's semi-secure facility if a secure facility is
full, not available, or not located within a reasonable distance)) center
(i) 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 abuse or neglect;
(ii) It is not practical to transport the child to his or her home or place of the parent's employment; or
(iii) 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, 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, 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. 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
(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, or an order for placement has been entered under chapter 13.34 RCW.
(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. 19. RCW 13.32A.065 and 2000 c 162 s 12 and 2000 c 123 s 8 are each reenacted and 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). 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 ((
the child to remain in detention)) finds that the conditions in
subsection (1) of this section have been met, the court may order the
child to remain confined in detention, and shall set the matter for a
hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and
holidays. In no case may a child in contempt be confined in a secure
facility that is free-standing outside a juvenile detention facility.
Sec. 20. RCW 13.32A.130 and 2000 c 162 s 13 and 2000 c 123 s 15 are each reenacted and amended to read as follows:
admitted to a secure facility shall remain in the facility for at least
twenty-four hours after admission but for not more than five consecutive days.
If the child admitted under this section is transferred 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; 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
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))) (2) 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
Notwithstanding the provisions of subsection (1) of this section,)) (3)
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
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 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.
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. The administrator of the
facility or his or her designee shall provide every resident and parent with a
copy of the statement.
A crisis residential center and 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. 21. RCW 13.32A.192 and 1997 c 146 s 8 are each amended to read as follows:
(1) When a proper at-risk youth petition is filed by a child's parent under this chapter, the juvenile court shall:
(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 and the child of such date;
(b) Notify the parent of the right to be represented by counsel at the parent's own expense;
(c) Appoint legal counsel for the child;
(d) Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth; and
(e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.
(2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an out-of-home placement requested by the parent or child and approved by the parent.
(3) If upon sworn
written or oral declaration of the petitioning parent, the court has reason to
believe that a child has willfully and knowingly violated a court order issued
pursuant to subsection (2) of this section, the court may issue an order
directing law enforcement to take the child into custody and place the child in
a juvenile detention facility ((
or in a secure facility within a crisis
residential center)). If the child is placed in detention, a review shall
be held as provided in RCW 13.32A.065.
(4) If both a child in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as an at-risk youth petition. Pending a fact-finding hearing regarding the petition, the child may be placed in the parent's home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to a child in need of services petition. The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home.
Sec. 22. RCW 74.13.032 and 1998 c 296 s 4 are each amended to read as follows:
(1) The department shall establish, by contracts with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department and shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.
available funds appropriated for this purpose, the department shall establish,
by contracts with private or public vendors, regional crisis residential
centers with secure facilities. These facilities shall be facilities licensed
under rules adopted by the department. These centers may also include
semi-secure facilities and to such extent shall be subject to subsection (1) of
this section. (3))) The department shall, in addition to the
facilities established under subsection(( s)) (1) (( and (2))) of
this section, establish additional crisis residential centers pursuant to
contract with licensed private group care facilities.
The staff at the facilities established under this section shall be trained so
that they may effectively counsel juveniles admitted to the centers, provide
treatment, supervision, and structure to the juveniles that recognize the need
for support and the varying circumstances that cause children to leave their
families, and carry out the responsibilities stated in RCW 13.32A.090. The
responsibilities stated in RCW 13.32A.090 may, in any of the centers, be
carried out by the department.
(5) The secure
facilities located within crisis residential centers shall be operated to
conform with the definition in RCW 13.32A.030. The facilities shall have an
average of no less than one adult staff member to every ten children. The
staffing ratio shall continue to ensure the safety of the children. (6) If a secure
crisis residential center is located in or adjacent to a secure juvenile
detention facility, the center shall be operated in a manner that prevents
in-person contact between the residents of the center and the persons held in
Sec. 23. RCW 74.13.033 and 2000 c 162 s 16 are each amended to read as follows:
(1) If a resident of a center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises.
(2) When the juvenile
resides in this facility, all services, within funds appropriated
specifically for this purpose, and deemed necessary to the juvenile's
reentry to normal family life shall be made available to the juvenile as required
by chapter 13.32A RCW. In ((
assessing the child and)) providing these
services, the facility staff shall:
(a) Interview the juvenile as soon as possible;
(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;
(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible;
(d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed five consecutive days; and
(e) Convene, when appropriate, a multidisciplinary team.
Based on the
assessments done under subsection (2) of this section)) The facility
staff may refer any child who, as the result of a mental or emotional disorder,
or intoxication by alcohol or other drugs, is suicidal, seriously assaultive,
or seriously destructive toward others, or otherwise similarly evidences an
immediate need for emergency medical evaluation and possible care, for
evaluation pursuant to chapter 71.34 RCW, to a mental health professional
pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant
to chapter 70.96A RCW whenever such action is deemed appropriate and consistent
(4) A juvenile taking unauthorized leave from a facility shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 13.32A.050. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed five consecutive days on the premises. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed five consecutive days.
Sec. 24. RCW 74.13.034 and 2000 c 162 s 17 are each amended to read as follows:
(1))) A child
taken into custody and taken to a crisis residential center established
pursuant to RCW 74.13.032 may, if the center is unable to provide appropriate
treatment, supervision, and structure to the child, be taken at department
expense to another crisis residential center(( , the nearest regional secure
crisis residential center, or a secure facility with which it is collocated
under RCW 74.13.032. Placement in both locations shall not exceed five
consecutive days from the point of intake as provided in RCW 13.32A.130. (2) A child taken
into custody and taken to a crisis residential center established by this
chapter may be placed physically by the department or the department's designee
and, at departmental expense and approval, in a secure juvenile detention
facility operated by the county in which the center is located for a maximum of
forty-eight hours, including Saturdays, Sundays, and holidays, if the child has
taken unauthorized leave from the center and the person in charge of the center
determines that the center cannot provide supervision and structure adequate to
ensure that the child will not again take unauthorized leave. Juveniles placed
in such a facility pursuant to this section may not, to the extent possible,
come in contact with alleged or convicted juvenile or adult offenders. (3) Any child placed
in secure detention pursuant to this section shall, during the period of
confinement, be provided with appropriate treatment by the department or the
department's designee, which shall include the services defined in RCW
74.13.033(2). If the child placed in secure detention is not returned home or
if an alternative living arrangement agreeable to the parent and the child is
not made within twenty-four hours after the child's admission, the child shall
be taken at the department's expense to a crisis residential center. Placement
in the crisis residential center or centers plus placement in juvenile
detention shall not exceed five consecutive days from the point of intake as
provided in RCW 13.32A.130. (4) Juvenile
detention facilities used pursuant to this section shall first be certified by
the department to ensure that juveniles placed in the facility pursuant to this
section are provided with living conditions suitable to the well-being of the
child. Where space is available, juvenile courts, when certified by the
department to do so, shall provide secure placement for juveniles pursuant to
this section, at department expense)).
Sec. 25. RCW 74.15.220 and 1999 c 267 s 12 are each amended to read as follows:
The secretary shall establish HOPE centers that provide no more than seventy-five beds across the state and may establish HOPE centers by contract, within funds appropriated by the legislature specifically for this purpose. HOPE centers shall be operated in a manner to reasonably assure that street youth placed there will not run away. Street youth may leave a HOPE center during the course of the day to attend school or other necessary appointments, but the street youth must be accompanied by an administrator or an administrator's designee. The street youth must provide the administration with specific information regarding his or her destination and expected time of return to the HOPE center. Any street youth who runs away from a HOPE center shall not be readmitted unless specifically authorized by the street youth's placement and liaison specialist, and the placement and liaison specialist shall document with specific factual findings an appropriate basis for readmitting any street youth to a HOPE center. HOPE centers are required to have the following:
(1) A license issued by the secretary;
(2) A professional with a master's degree in counseling, social work, or related field and at least one year of experience working with street youth or a bachelor of arts degree in social work or a related field and five years of experience working with street youth. This professional staff person may be contractual or a part-time employee, but must be available to work with street youth in a HOPE center at a ratio of one to every fifteen youth staying in a HOPE center. This professional shall be known as a placement and liaison specialist. Preference shall be given to those professionals cross-credentialed in mental health and chemical dependency. The placement and liaison specialist shall:
(a) Conduct an assessment of the street youth that includes a determination of the street youth's legal status regarding residential placement;
(b) Facilitate the street youth's return to his or her legally authorized residence at the earliest possible date or initiate processes to arrange legally authorized appropriate placement. Any street youth who may meet the definition of dependent child under RCW 13.34.030 must be referred to the department. The department shall determine whether a dependency petition should be filed under chapter 13.34 RCW. A shelter care hearing must be held within seventy-two hours to authorize out-of-home placement for any youth the department determines is appropriate for out-of-home placement under chapter 13.34 RCW. All of the provisions of chapter 13.32A RCW must be followed for children in need of services or at-risk youth;
(c) Interface with other relevant resources and system representatives to secure long-term residential placement and other needed services for the street youth;
(d) Be assigned immediately to each youth and meet with the youth within eight hours of the youth receiving HOPE center services;
(e) Facilitate a physical examination of any street youth who has not seen a physician within one year prior to residence at a HOPE center and facilitate evaluation by a county-designated mental health professional, a chemical dependency specialist, or both if appropriate; and
(f) Arrange an educational assessment to measure the street youth's competency level in reading, writing, and basic mathematics, and that will measure learning disabilities or special needs;
(3) Staff trained in development needs of street youth as determined by the secretary, including an administrator who is a professional with a master's degree in counseling, social work, or a related field and at least one year of experience working with street youth, or a bachelor of arts degree in social work or a related field and five years of experience working with street youth, who must work with the placement and liaison specialist to provide appropriate services on site;
(4) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery. Data collection systems must have confidentiality rules and protocols developed by the secretary;
requirements that meet the notification requirements of chapter 13.32A RCW.
The youth's arrival date and time must be logged at intake by HOPE center
staff. The staff must immediately notify law enforcement and dependency
caseworkers if a street youth runs away from a HOPE center. ((
A child may
be transferred to a secure facility as defined in RCW 13.32A.030 whenever the
staff reasonably believes that a street youth is likely to leave the HOPE
center and not return after full consideration of the factors set forth in RCW
13.32A.130(2)(a) (i) and (ii).)) The street youth's temporary placement in
the HOPE center must be authorized by the court or the secretary if the youth
is a dependent of the state under chapter 13.34 RCW or the department is
responsible for the youth under chapter 13.32A RCW, or by the youth's parent or
legal custodian, until such time as the parent can retrieve the youth who is returning
(6) HOPE centers must identify to the department any street youth it serves who is not returning promptly to home. The department then must contact the missing children's clearinghouse identified in chapter 13.60 RCW and either report the youth's location or report that the youth is the subject of a dependency action and the parent should receive notice from the department; and
(7) Services that
provide counseling and education to the street youth((
; and (8) The department
shall only award contracts for the operation of HOPE center beds and
responsible living skills programs in departmental regions: (a) With operating
secure crisis residential centers; or (b) in which the secretary finds
significant progress is made toward opening a secure crisis residential center)).
Sec. 26. RCW 74.15.240 and 1999 c 267 s 14 are each amended to read as follows:
To be eligible for
placement in a responsible living skills program, the minor must be dependent
under chapter 13.34 RCW and must have lived in a HOPE center or in a ((
crisis residential center. Responsible living skills centers are intended as a
placement alternative for dependent youth that the department chooses for the
youth because no other services or alternative placements have been
successful. Responsible living skills centers are not for dependent youth
whose permanency plan includes return to home or family reunification.
NEW SECTION. Sec. 27. RCW 74.13.0321 (Crisis residential centers‑-Limit on reimbursement or compensation) and 1995 c 312 s 61 are each repealed.
NEW SECTION. Sec. 28. Sections 16 through 27 of this act take effect July 1, 2002.
IV. Developmentally Disabled Children
Sec. 29. RCW 74.20A.030 and 2000 c 86 s 7 are each amended to read as follows:
(1) The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of said child or children, if public assistance money is paid to or for the benefit of the child under a state-funded program, or a program funded under Title IV-A or IV-E of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996, to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the state of Washington to obtain reimbursement of moneys expended, based on the support obligation of the responsible parent established by a child support order. Distribution of any support moneys shall be made in accordance with RCW 26.23.035.
(2) The department may initiate, continue, maintain, or execute an action to establish, enforce, and collect a support obligation, including establishing paternity and performing related services, under this chapter and chapter 74.20 RCW, or through the attorney general or prosecuting attorney under chapter 26.09, 26.18, 26.20, 26.21, 26.23, or 26.26 RCW or other appropriate statutes or the common law of this state, for so long as and under such conditions as the department may establish by regulation.
(3) Public assistance moneys shall be exempt from collection action under this chapter except as provided in RCW 74.20A.270.
action shall be taken against parents of children eligible for admission to, or
children who have been discharged from a residential habilitation center as
defined by RCW 71A.10.020(8). For the period July 1, 1993, through June 30,
1995,)) A collection action may be taken against parents of children
with developmental disabilities who are placed in community-based residential
care including foster care pursuant to chapter 13.34 RCW. (( The
amount of support the department may collect from the parents shall not exceed
one-half of the parents' support obligation accrued while the child was in
community-based residential care.)) The child support obligation shall be
calculated pursuant to (( chapter 26.19)) RCW 13.34.160.
Sec. 30. RCW 13.34.270 and 2000 c 122 s 33 are each amended to read as follows:
(1) Whenever the department places a child with a developmental disability in out-of-home care pursuant to RCW 74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination is required.
(2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability and that the child has been placed in out-of-home care pursuant to RCW 74.13.350. The petition shall request that the court review the child's placement, make a determination whether continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this section. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order under chapter 11.88 RCW has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order under chapter 11.88 RCW has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.
(e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.
(7) This section does not prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section.
(8) Nothing in this section prohibits the court from ordering the parents to pay child support under RCW 13.34.160.
Sec. 31. RCW 74.13.350 and 1998 c 229 s 1 are each amended to read as follows:
It is the intent of the legislature that parents are responsible for the care and support of children with developmental disabilities. The legislature recognizes that, because of the intense support required to care for a child with developmental disabilities, the help of an out-of-home placement may be needed. It is the intent of the legislature that, when the sole reason for the out-of-home placement is the child's developmental disability, such services be offered by the department to these children and their families through a voluntary placement agreement. In these cases, the parents shall retain legal custody of the child.
As used in this section, "voluntary placement agreement" means a written agreement between the department and a child's parent or legal guardian authorizing the department to place the child in a licensed facility. Under the terms of this agreement, the parent or legal guardian shall retain legal custody and the department shall be responsible for the child's placement and care. The agreement shall at a minimum specify the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the department while the child is in placement. The agreement must be signed by the child's parent or legal guardian and the department to be in effect, except that an agreement regarding an Indian child shall not be valid unless executed in writing before the court and filed with the court as provided in RCW 13.34.245. Any party to a voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.
As used in this section, "out-of-home placement" and "out-of-home care" mean the placement of a child in a foster family home or group care facility licensed under chapter 74.15 RCW.
Whenever the department places a child in out-of-home care under a voluntary placement pursuant to this section, the department shall have the responsibility for the child's placement and care. The department shall develop a permanency plan of care for the child no later than sixty days from the date that the department assumes responsibility for the child's placement and care. Within the first one hundred eighty days of the placement, the department shall obtain a judicial determination pursuant to RCW 13.04.030(1)(j) and 13.34.270 that the placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination under RCW 13.04.030(1)(b) is required. The permanency planning hearings shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
The department shall provide for periodic administrative reviews as required by federal law. A review may be called at any time by either the department, the parent, or the legal guardian.
Nothing in this section shall prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030.
Nothing in this section prohibits the court from ordering the parents to pay child support under RCW 13.34.160.
The department shall adopt rules providing for the implementation of chapter 386, Laws of 1997 and the transfer of responsibility for out-of-home placements from the dependency process under chapter 13.34 RCW to the process under this chapter.
It is the intent of the legislature that the department undertake voluntary out-of-home placement in cases where the child's developmental disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child, and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home. If the department does not accept a voluntary placement agreement signed by the parent, a petition may be filed and an action pursued under chapter 13.34 RCW. The department shall inform the parent, guardian, or legal custodian in writing of their right to civil action under chapter 13.34 RCW.
V. Alternative Response Systems
Sec. 32. RCW 74.14D.020 and 1997 c 386 s 10 are each amended to read as follows:
(1) The department shall, within resources appropriated specifically for this purpose, contract for delivery of services for at least two but not more than three models of alternative response systems. The services shall be reasonably available throughout the state but need not be sited in every county in the state, subject to such conditions and limitations as may be specified in the omnibus appropriations act.
(2) The systems shall provide delivery of services in the least intrusive manner reasonably likely to achieve improved family cohesiveness, prevention of rereferrals of the family for alleged abuse or neglect, and improvement in the health and safety of children.
(3) The department shall, within resources appropriated specifically for this purpose, identify and prioritize risk and protective factors associated with the type of abuse or neglect referrals that are appropriate for services delivered by alternative response systems. Contractors who provide services through an alternative response system shall use the factors in determining which services to deliver, consistent with the provisions of subsection (2) of this section.
(4) Consistent with the provisions of chapter 26.44 RCW, the providers of services under the alternative response system shall recognize the due process rights of families that receive such services and recognize that these services are not intended to be investigative for purposes of chapter 13.34 RCW.
Sec. 33. RCW 74.14D.030 and 1997 c 386 s 11 are each amended to read as follows:
The department shall, within resources appropriated specifically for this purpose, identify appropriate data to determine and evaluate outcomes of the services delivered by the alternative response systems. All contracts for delivery of alternative response system services shall include provisions and funding for data collection.
NEW SECTION. Sec. 34. RCW 74.14D.040 (Court may order delivery of services) and 1997 c 386 s 12 are each repealed.
Sec. 35. RCW 28A.225.015 and 1999 c 319 s 6 are each amended to read as follows:
(1) If a parent enrolls a child who is six or seven years of age in a public school, the child is required to attend and that parent has the responsibility to ensure the child attends for the full time that school is in session. An exception shall be made to this requirement for children whose parents formally remove them from enrollment if the child is less than eight years old and a petition has not been filed against the parent under subsection (3) of this section. The requirement to attend school under this subsection does not apply to a child enrolled in a public school part-time for the purpose of receiving ancillary services. A child required to attend school under this subsection may be temporarily excused upon the request of his or her parent for purposes agreed upon by the school district and parent.
(2) If a six or seven year-old child is required to attend public school under subsection (1) of this section and that child has unexcused absences, the public school in which the child is enrolled shall:
(a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year;
(b) Request a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of analyzing the causes of the child's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child's absences. These steps shall include, where appropriate, adjusting the child's school program or school or course assignment, providing more individualized or remedial instruction, offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent or child to obtain supplementary services that may help eliminate or ameliorate the cause or causes for the absence from school.
(3) If a child required
to attend public school under subsection (1) of this section has ((
five unexcused absences in a month or ten unexcused absences in a school
year, the school district (( shall)) may file a petition for civil
action as provided in RCW 28A.225.035 against the parent of the child provided
that the local juvenile court has designated within available resources a
court, truancy board, or other entity for processing such actions.
(4) This section does not require a six or seven year old child to enroll in a public or private school or to receive home-based instruction. This section only applies to six or seven year old children whose parents enroll them full time in public school and do not formally remove them from enrollment as provided in subsection (1) of this section.
Sec. 36. RCW 28A.225.020 and 1999 c 319 s 1 are each amended to read as follows:
(1) If a child required to attend school under RCW 28A.225.010 fails to attend school without valid justification, the public school in which the child is enrolled shall:
(a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year. School officials shall inform the parent of the potential consequences of additional unexcused absences;
(b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of analyzing the causes of the child's absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and
(c) Take steps to
eliminate or reduce the child's absences. These steps shall include, where
appropriate, adjusting the child's school program or school or course
assignment, providing more individualized or remedial instruction, providing
appropriate vocational courses or work experience, ((
referring the child to
a community truancy board, if available,)) requiring the child to attend an
alternative school or program, or assisting the parent or child to obtain
supplementary services that might eliminate or ameliorate the cause or causes
for the absence from school and may include referring the child to a
community truancy board. If the child's parent does not attend the
scheduled conference, the conference may be conducted with the student and
school official. However, the parent shall be notified of the steps to be
taken to eliminate or reduce the child's absence.
(2) For purposes of this chapter, an "unexcused absence" means that a child:
(a) Has failed to attend the majority of hours or periods in an average school day or has failed to comply with a more restrictive school district policy; and
(b) Has failed to meet the school district's policy for excused absences.
(3) If a child transfers from one school district to another during the school year, the receiving school or school district shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes of this section, RCW 28A.225.030, and 28A.225.015.
Sec. 37. RCW 28A.225.025 and 1999 c 319 s 5 are each amended to read as follows:
For purposes of this
chapter, "community truancy board" means a board composed of members
of the local community in which the child attends school. Juvenile courts may
establish and operate community truancy boards. If the juvenile court and the
school district agree, a school district may establish and operate a community
truancy board under the jurisdiction of the juvenile court within available
funds. Juvenile courts may create a community truancy board or may use
other entities that exist or are created, such as diversion units. However, a
diversion unit or other existing entity must agree before it is used as a
truancy board. Duties of a community truancy board ((
include(( , but not be limited to,)) recommending methods for improving
school attendance such as assisting the parent or the child to obtain
supplementary services that might eliminate or ameliorate the causes for the
absences or suggesting to the school district that the child enroll in another
school, an alternative education program, an education center, a skill center,
a dropout prevention program, or another public or private educational program.
Sec. 38. RCW 28A.225.030 and 1999 c 319 s 2 are each amended to read as follows:
(1) If a child is
required to attend school under RCW 28A.225.010 and if the actions taken by a
school district under RCW 28A.225.020 are not successful in substantially
reducing an enrolled student's absences from public school, ((
not later than
the seventh)) on or after the fifth unexcused absence by a child
within any month during the current school year or (( not later than)) on
or after the tenth unexcused absence during the current school year the
school district (( shall)) may, provided that the local juvenile court
has designated within available funds a court, truancy board, or other entity
for processing such actions, file a petition and supporting affidavit for a
civil action with the juvenile court alleging a violation of RCW 28A.225.010:
(a) By the parent; (b) by the child; or (c) by the parent and the child.
Except as provided in this subsection, no additional documents need be filed
with the petition.
shall not later than the fifth unexcused absence in a month: (a) Enter into an
agreement with a student and parent that establishes school attendance
requirements; (b) Refer a student
to a community truancy board, if available, as defined in RCW 28A.225.025. The
community truancy board shall enter into an agreement with the student and
parent that establishes school attendance requirements and take other
appropriate actions to reduce the child's absences; or (c) File a petition
under subsection (1) of this section. (3))) The petition may be filed by a school district
employee who is not an attorney.
If the school district (( fails to)) does not file a petition
under this section, the parent of a child with five or more unexcused absences
in any month during the current school year or upon the tenth unexcused absence
during the current school year may, provided that the local juvenile court
has designated within available funds a court, truancy board, or other entity
for processing such actions, file a petition with the juvenile court
alleging a violation of RCW 28A.225.010.
Petitions filed under this section may be served by certified mail, return
receipt requested. If such service is unsuccessful, or the return receipt is
not signed by the addressee, personal service is required.
NEW SECTION. Sec. 39. RCW 28A.225.151 (Reports) and 1996 c 134 s 5 & 1995 c 312 s 72 are each repealed.
NEW SECTION. Sec. 40. Part headings used in this act are not any part of the law.
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