BILL REQ. #:  S-2052.1 

READ FIRST TIME 02/28/05.   

     AN ACT Relating to placement of children in shelter care; amending RCW 13.34.060, 74.15.120, and 13.34.065; and amending 1999 c 17 s 1 (uncodified).

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

Sec. 1   RCW 13.34.060 and 2002 c 52 s 4 are each amended to read as follows:
     (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055.
     (a) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care shall be with ((any)) a person preferred by the parent, or if no preference is indicated by the parent, any person as described in RCW 74.15.020(2)(a). The person must be willing and available to care for the child and be able to meet any special needs of the child. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the supervising agency's plan or is ordered by the court. If a child is not initially placed with a person preferred by the parent or a relative pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a person preferred by the parent or a relative on the next business day after the child is taken into custody unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered. The supervising agency shall document its effort to place the child with a person preferred by the parent or a relative pursuant to this section. The person preferred by the parent must apply for a foster care license within seventy-two hours, excluding weekends and holidays, of the child's placement with the person preferred by the parent. Nothing within this subsection (1)(a) establishes an entitlement to services or a right to a particular placement.
     (b) Whenever a child is taken into custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, whether such waiver is knowing and voluntary.
     (2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event shall notice be provided more than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.
     (3) The department and its employees shall be immune from civil liability for damages arising out of the placement of children with persons preferred by their parents unless it is shown that an employee acted with gross negligence or bad faith.

Sec. 2   RCW 74.15.120 and 1995 c 311 s 22 are each amended to read as follows:
     The secretary of social and health services may, at his or her discretion, issue an initial license instead of a full license, to an agency or facility for a period not to exceed six months, renewable for a period not to exceed two years, to allow such agency or facility reasonable time to become eligible for full license. An initial license shall not be granted to any foster-family home except as specified in this section. An initial license may be granted to a foster-family home only if the following three conditions are met: (1) The license is limited so that the licensee is authorized to provide care only to a specific child or specific children; (2) the department has determined that the licensee has a relationship with the child, and the child is comfortable with the licensee, or that it would otherwise be in the child's best interest to remain or be placed in the licensee's home; ((and)) (3) the licensee passes background checks conducted through the Washington state patrol and through the department's system of checking histories of abuse and neglect as soon as practicable, within a maximum of fifteen days of the child's placement and, if the licensee has resided outside the state within the last three years, a background check through the other jurisdictions where the licensee has resided or through the federal bureau of investigation within thirty days of the child's placement; and (4) the initial license is issued for a period not to exceed ninety days.

Sec. 3   1999 c 17 s 1 (uncodified) is amended to read as follows:
     The legislature has found that any intervention into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development. The legislature now also finds that children who cannot be with their parents, guardians, or legal custodians are best cared for, whenever possible and appropriate by a person preferred by the parent, or if no preference is indicated by the parent, then by family members with whom they have a relationship. This is particularly important when a child cannot be in the care of a parent, guardian, or legal custodian as a result of a court intervention.

Sec. 4   RCW 13.34.065 and 2001 c 332 s 3 are each amended to read as follows:
     (1) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care unless the petition has been filed by the department, in which case the recommendation shall be submitted by the department.
     (2) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that:
     (a) After consideration of the specific services that have been provided, 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
     (b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or
     (ii) The release of such child would present a serious threat of substantial harm to such child; or
     (iii) The parent, guardian, or custodian to whom the child could be released has been charged with violating RCW 9A.40.060 or 9A.40.070.
     If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a person preferred by the parent or a relative pursuant to RCW 13.34.060(1), the court shall order continued placement with a person preferred by the parent or a relative, unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized. If the child was not initially placed with a person preferred by the parent or a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a person preferred by the parent or a relative pursuant to RCW 13.34.060(1). If a person preferred by the parent or a relative is not available, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether RCW 13.34.060(2) and subsections (1) and (2) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090. If, in the course of its investigation, the department discovers that the person preferred by the parent is not eligible for licensing, the department may place the child with any person described in RCW 74.15.020(2)(a).
     (3) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.
     The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent and give weight to that fact before ordering return of the child to shelter care.
     (4) If a child is returned home from shelter care a second time in the case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
     (5) If a child is returned home from shelter care a second time in the case a law enforcement officer must be present and file a report to the department.