READ FIRST TIME 02/03/10.   

     AN ACT Relating to the safety of runaway youth; amending RCW 13.32A.082; and creating a new section.

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

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 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) If a licensed overnight youth shelter, or an 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:
     (i) Within eight hours, notify the department or the law enforcement agency of the jurisdiction in which the youth lives. Notice under this subsection (1)(b)(i) is for the limited purpose of communicating that the youth currently is safe and is off the streets, and shall not disclose the whereabouts of the youth, or the circumstances surrounding the youth's contact with the shelter or organization unless shelter staff have already provided such information to the youth's parent under (b)(ii) of this subsection; and
     (ii) Within not more than seventy-two hours, and preferably within twenty-four hours, notify the parent of the youth. Notice under this subsection (1)(b)(ii) should 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 provide the information to the department.
     (c) When a local law enforcement agency or the department receives notice under (b)(i) of this subsection, the agency or the department shall make a good faith effort to notify the youth's parent that the youth is currently safe and off the streets, but shall not disclose the whereabouts of the youth, if known to the agency or department.
     (d) 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.