H-251                _______________________________________________

                                                    HOUSE BILL NO. 119

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives K. Wilson, Lewis, Rust, Brooks, Sprenkle, Rasmussen, Basich, Holm, P. King, Silver, Moyer, Dellwo and Brough

Read first time 1/19/87 and referred to Committee on Human Services.

AN ACT Relating to children; and amending RCW 13.34.020, 13.34.040, 13.34.050, and 26.44.050.

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

        Sec. 1.  Section 30, chapter 291, Laws of 1977 ex. sess. and RCW 13.34.020 are each amended to read as follows:

          The legislature declares that the family unit is a fundamental resource of American life which should be nurtured.  Toward the continuance of this principle, the legislature declares that the family unit should remain intact ((in the absence of compelling evidence to the contrary)) but that the safety of children should not be unduly jeopardized.

        Sec. 2.  Section 5, chapter 160, Laws of 1913 as amended by section 32, chapter 291, Laws of 1977 ex. sess. and RCW 13.34.040 are each amended to read as follows:

          Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and praying that the superior court deal with such child as provided in this chapter:  PROVIDED, That in counties having paid probation officers, such officers shall, as far as possible, first determine if such petition is reasonably justifiable.  Such petition shall be verified and shall contain a statement of facts constituting such dependency, as defined in this chapter, and the names and residence, if known to the petitioner, of the parents, guardian, or custodian of such dependent child.  There shall be no fee for filing such petitions.  Such petitions shall be given the highest priority.

        Sec. 3.  Section 33, chapter 291, Laws of 1977 ex. sess. as amended by section 38, chapter 155, Laws of 1979 and RCW 13.34.050 are each amended to read as follows:

          The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if a petition is filed with the juvenile court alleging that the child is dependent and the court finds reasonable grounds to believe the child is dependent and that the child's health, safety, and welfare will be seriously endangered if not taken into custody.  The court shall enter an order directing that the child be taken into custody if the court finds that if the child is not taken into custody the child will continue to be in contact with a person against whom two or more charges involving danger to the child are pending.

        Sec. 4.  Section 5, chapter 13, Laws of 1965 as last amended by section 5, chapter 97, Laws of 1984 and RCW 26.44.050 are each amended to read as follows:

          Upon the receipt of a report concerning the possible occurrence of  abuse or neglect, it shall be the duty of the law enforcement agency or the department of social and health services to investigate and provide  the  protective services section with a report in accordance with the provision of chapter 74.13 RCW, and where necessary to refer such report to the court.

          A law enforcement officer ((may)) shall take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050.  Notwithstanding the provisions of RCW 13.04.130 as now or hereafter amended, the law enforcement agency or the department of social and health services investigating such a report is hereby authorized to photograph such a child or adult dependent person for the purpose of providing documentary evidence of the physical condition of the child or disabled person.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.