ESHB 2752 -
By Committee on Human Services & Corrections
ADOPTED 03/04/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that youth services
provide safety to youth on the streets and are a critical pathway to
ensuring the youth's return home. Runaway youth are without
protection, live under the threat of violence, and fall victim to
predators who exploit their vulnerability. The policy of this state is
to provide assistance to youth in crisis and to protect and preserve
families. In order to effectively serve youth on the streets and
promote their safe return home, shelters must have the time to
establish and maintain an environment that facilitates open
communication and trust.
The legislature also finds that parents of runaway youth have an
interest in knowing their sons and daughters are safe in a shelter,
rather than on the streets without protection. The legislature further
finds that law enforcement and the department can notify a parent that
the youth is safe, without disclosing the youth's location or
compromising the ability of youth services providers to effectively
assist youth in crisis.
Sec. 2 RCW 13.32A.082 and 2000 c 123 s 10 are each amended to
read as follows:
(1)(a) Except as provided in (b) of this subsection, any person,
including unlicensed youth shelters or runaway and homeless youth
programs, who, without legal authorization, provides shelter to a minor
and who knows at the time of providing the shelter that the minor is
away from the parent's home without the permission of the parent, or
other lawfully prescribed residence, shall promptly report the location
of the child to the parent, the law enforcement agency of the
jurisdiction in which the person lives, or the department. ((The
report))
(b)(i) If a licensed overnight youth shelter, or another licensed
organization whose stated mission is to provide services to homeless or
runaway youth and their families, provides shelter to a minor and knows
at the time of providing the shelter that the minor is away from a
lawfully prescribed residence or home without parental permission, it
shall contact the youth's parent, preferably within twenty-four hours
but within no more than seventy-two hours following the time that the
youth is admitted to the shelter or other licensed organization's
program. The notification must include the whereabouts of the youth,
a description of the youth's physical and emotional condition, and the
circumstances surrounding the youth's contact with the shelter or
organization. If there are compelling reasons not to notify the
parent, the shelter or organization shall instead notify the
department.
(ii) At least once every eight hours after learning that a youth
receiving services or shelter under this section is away from home
without permission, the shelter or organization staff must consult the
information that the Washington state patrol makes publicly available
under RCW 43.43.510(2). If the youth is publicly listed as missing,
the shelter or organization shall immediately notify the department of
its contact with the youth listed as missing. The notification must
include a description of the youth's physical and emotional condition
and the circumstances surrounding the youth's contact with the shelter
or organization.
(c) Reports required under this section may be made by telephone or
any other reasonable means.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this section.
(a) "Shelter" means the person's home or any structure over which
the person has any control.
(b) "Promptly report" means to report within eight hours after the
person has knowledge that the minor is away from a lawfully prescribed
residence or home without parental permission.
(c) "Compelling reasons" include, but are not limited to,
circumstances that indicate that notifying the parent or legal guardian
will subject the child to abuse or neglect as defined in chapter 26.44
RCW.
(3) When the department receives a report under subsection (1) of
this section, it shall make a good faith attempt to notify the parent
that a report has been received and offer services designed to resolve
the conflict and accomplish a reunification of the family.
(4) Nothing in this section prohibits any person from immediately
reporting the identity and location of any minor who is away from a
lawfully prescribed residence or home without parental permission more
promptly than required under this section.
(5) This section expires on July 1, 2012.
NEW SECTION. Sec. 3 A new section is added to chapter 13.32A RCW
to read as follows:
A private right of action or claim on the part of a parent is
created against an unlicensed youth shelter or unlicensed runaway and
homeless youth program who fails to meet the notification requirements
in RCW 13.32A.082(1)(a).
Sec. 4 RCW 43.43.510 and 1998 c 67 s 2 are each amended to read
as follows:
(1) As soon as is practical and feasible there shall be
established, by means of data processing, files listing stolen and
wanted vehicles, outstanding warrants, identifying children whose
parents, custodians, or legal guardians have reported as having run
away from home or the custodial residence, identifiable stolen
property, files maintaining the central registry of sex offenders
required to register under chapter 9A.44 RCW, and such other files as
may be of general assistance to law enforcement agencies.
(2)(a) At the request of a parent, legal custodian, or guardian who
has reported a child as having run away from home or the custodial
residence, the Washington state patrol shall make the information about
the runaway child as is filed in subsection (1) of this section
publicly available.
(b) The information that can be made publicly available under (a)
of this subsection is limited to the information that will facilitate
the safe return of the child to his or her home or custodial residence
and so long as making the information publicly available incurs no
additional costs."
ESHB 2752 -
By Committee on Human Services & Corrections
ADOPTED 03/04/2010
On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 13.32A.082 and 43.43.510; adding a new section to chapter 13.32A RCW; creating a new section; and providing an expiration date."