|Passed by the House April 25, 2009|
Speaker of the House of Representatives
Passed by the Senate April 25, 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 2346 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 04/20/09.
AN ACT Relating to crisis residential centers; amending RCW 74.13.0321, 74.13.033, and 74.13.034; reenacting and amending RCW 13.32A.130; and adding a new section to chapter 13.32A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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:
(1) A child admitted to a secure facility located in a juvenile detention center 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.)) A child admitted to a secure facility not located in
a juvenile detention center or a semi-secure facility may remain for
not more than fifteen consecutive days. If a child is transferred
between a secure and semi-secure facility, the aggregate length of time
a child may remain in both facilities shall not exceed fifteen
consecutive days per admission, and in no event may a child's stay in
a secure facility located in a juvenile detention center exceed five
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 is located.
(d) An 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) 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 13.32A.140.
(4) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time ((
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
(5) 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)) five
days of the child's admission to the center, 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.
(6) 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.
(7) 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. 2 RCW 74.13.0321 and 1995 c 312 s 61 are each amended to
read as follows:
No contract may provide reimbursement or compensation to:
(1) A ((
crisis residential center's)) secure facility located in a
juvenile detention center for any service delivered or provided to a
resident child after five consecutive days of residence; or
(2) A secure facility not located in a juvenile detention center or a semi-secure crisis residential center facility for any service delivered or provided to a resident child after fifteen consecutive days of residence.
Sec. 3 RCW 74.13.033 and 2000 c 162 s 16 are each amended to read
(1) If a resident of a crisis residential 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 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 ((
fifteen consecutive days; and
(e) Convene, when appropriate, a multidisciplinary team.
(3) Based on the assessments done under subsection (2) of this section the ((
facility)) center 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 with law.
(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)) fifteen 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)) fifteen
Sec. 4 RCW 74.13.034 and 2000 c 162 s 17 are each amended to read
(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 ((
consecutive days from the point of intake as provided in RCW
(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.
NEW SECTION. Sec. 5 A new section is added to chapter 13.32A RCW
to read as follows:
The department may take a runaway youth to a secure facility after attempting to notify the parent of the child's whereabouts. The department may not take a child to a secure facility if the department has reasonable cause to believe that the reason for the child's runaway status is the result of abuse or neglect.