AN ACT Relating to juveniles; amending RCW 13.32A.050 and 13.32A.070; and creating a new section.

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

Sec. 1. Section 19, chapter 155, Laws of 1979 as last amended by section 7, chapter 257, Laws of 1985 and RCW 13.32A.050 are each amended to read as follows:

A law enforcement officer shall take a child into custody:

(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's ((~~physical~~)) safety; or

(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW.

Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.

Sec. 2. Section 21, chapter 155, Laws of 1979 as amended by section 5, chapter 298, Laws of 1981 and RCW 13.32A.070 are each amended to read as follows:

(1) An officer taking a child into custody under RCW 13.32A.050 may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home or an alternative residential placement can be agreed to or determined pursuant to this chapter. An officer placing a child with a responsible adult other than his or her parent shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.

(2) A law enforcement officer acting ((~~reasonably and~~)) in good faith pursuant to this chapter in taking or failing to take a child into custody or in releasing a child to a person other than a parent of such child is immune from civil or criminal liability for such action.

(3) A person other than a parent of such child who receives a child pursuant to this chapter and who acts reasonably and in good faith in doing so is immune from civil or criminal liability for the act of receiving such child. Such immunity does not release such person from liability under any other law including the laws regulating licensed child care and prohibiting child abuse.

NEW SECTION. Sec. 3. The legislature finds that accurate representation of the provisions of chapters 13.04, 13.32A, 13.34, and 13.40 RCW by affected parts of the criminal justice and child care systems to members of the public is of foremost importance. It further finds that effective implementation of the legislative intent of these provisions by the affected agencies is necessary in order to strengthen the family unit.

There shall be created a committee charged with overseeing implementation and administration of chapters 13.04, 13.32A, 13.34, and 13.40 RCW. The committee shall be composed of the following individuals:

(1) Two parents who have had experience in dealing with the juvenile authorities at some time during the period between June 1, 1984, and January 31, 1986, and have demonstrable familiarity with the juvenile code. One of the parents shall be selected by the speaker of the house of representatives and the other shall be selected by the majority leader of the senate;

(2) Two members of the house of representatives, one from each major political party, selected by the speaker of the house of representatives; and

(3) Two members of the senate, one from each major political party, selected by the majority leader of the senate.

The committee established under this section shall meet at least four times each year. Citizen members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

The committee shall monitor the implementation and administration of chapters 13.04, 13.32A, 13.34 and 13.40 RCW by affected agencies. To this end, the committee may inquire into instances where it is alleged that a law enforcement officer, school employee, department employee, judge, or juvenile court employee has either misrepresented a provision of the cited chapters or has failed to follow any such provision.

The oversight committee shall be granted access to all relevant information necessary to monitor behavior of agencies and/or employees.

The oversight committee shall report its findings and make recommendations regarding implementation of the chapters cited in this section in a report submitted to the legislature prior to its 1988 regular session. The report shall include an evaluation of the need for specialized, structured residential homes for serious behaviorally or emotionally disturbed or hard to place juveniles and an evaluation of services currently being offered to families in conflict.

The oversight committee, unless recreated by the legislature, shall cease to exist after submitting the report required under this section.