|Passed by the House March 10, 2009|
Speaker of the House of Representatives
Passed by the Senate April 13, 2009
President of the Senate
I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1419 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||61st Legislature||2009 Regular Session|
READ FIRST TIME 03/02/09.
AN ACT Relating to sexually aggressive youth; amending RCW 74.13.075; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that children who
commit sexually aggressive acts are at risk of repeating such behavior
if they and their families do not receive treatment and counseling.
This is especially true of children under the age of twelve who are
referred to the department of social and health services by a
prosecuting attorney pursuant to RCW 26.44.160. To reduce the number
of future victims of sexual abuse and to reduce recidivism of children
who commit sexually aggressive acts the legislature finds that all such
children and their families, including children who are referred by
prosecutors pursuant to RCW 26.44.160, be eligible for treatment
regardless of whether they are the subject of a proceeding under
chapter 13.34 RCW.
Sec. 2 RCW 74.13.075 and 1994 c 169 s 1 are each amended to read
(1) For the purposes of funds appropriated for the treatment of sexually aggressive youth, the term "sexually aggressive youth" means those juveniles who:
(a) Have been abused and have committed a sexually aggressive act or other violent act that is sexual in nature; and
(i) Are in the care and custody of the state or a federally recognized Indian tribe located within the state; or
(ii) Are the subject of a proceeding under chapter 13.34 RCW or a child welfare proceeding held before a tribal court located within the state; or
(b) Cannot be detained under the juvenile justice system due to being under age twelve and incompetent to stand trial for acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030 if the juvenile was over twelve years of age, or competent to stand trial if under twelve years of age.
(2) The department may offer appropriate available services and treatment to a sexually aggressive youth and his or her parents or legal guardians as provided in this section and may refer the child and his or her parents to appropriate treatment and services available within the community, regardless of whether the child is the subject of a proceeding under chapter 13.34 RCW.
(3) In expending these funds, the department ((
of social and health
services)) shall establish in each region a case review committee to
review all cases for which the funds are used. In determining whether
to use these funds in a particular case, the committee shall consider:
(a) The age of the juvenile;
(b) The extent and type of abuse to which the juvenile has been subjected;
(c) The juvenile's past conduct;
(d) The benefits that can be expected from the treatment;
(e) The cost of the treatment; and
(f) The ability of the juvenile's parent or guardian to pay for the treatment.
(3))) (4) The department may provide funds, under this section,
for youth in the care and custody of a tribe or through a tribal court,
for the treatment of sexually aggressive youth only if: (a) The tribe
uses the same or equivalent definitions and standards for determining
which youth are sexually aggressive; and (b) the department seeks to
recover any federal funds available for the treatment of youth.
(5) A juvenile's status as a sexually aggressive youth, and any protective plan, services, and treatment plans and progress reports provided with these funds are confidential and not subject to public disclosure by the department. This information shall be shared with relevant juvenile care agencies, law enforcement agencies, and schools, but remains confidential and not subject to public disclosure by those agencies.