AN ACT Relating to dependent children; amending RCW 13.34.020, 13.32A.150, 13.32A.170, 13.32A.190, and 13.32A.250; and adding a new section to chapter 13.32A RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 13.32A RCW to read as follows:

If the juvenile court for any reason fails to act on a petition for alternative residential placement as required by this chapter, the attorney general or any party to the action may institute proceedings to obtain a writ of mandamus pursuant to chapter 7.16 RCW to compel appropriate action from the court.

Sec. 2. Section 30, chapter 291, Laws of 1977 ex. sess. as amended by section 2, chapter 524, Laws of 1987 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 unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail.

The legislature intends that a child not be declared to be dependent if the custodial parent or guardian is not abusive or neglectful and is both willing and able to provide adequate care and support for the child. If the child is alleged to be in danger of abuse from a noncustodial parent, it is the intent of the legislature that protection be provided by alternative laws and not from this chapter.

Sec. 3. Section 29, chapter 155, Laws of 1979 as amended by section 11, chapter 298, Laws of 1981 and RCW 13.32A.150 are each amended to read as follows:

Prior to the juvenile court accepting the filing of an alternative residential placement petition by the child or the parents, the department shall have a maximum of forty-eight hours to provide a family assessment aimed at reconciliation and avoidance of the out-of-home placement of the child. If the department is unable to provide an assessment within forty-eight hours, the child or the parents may proceed with the filing of an alternative residential placement petition. A child or a child's parent may file with the juvenile court a petition to approve an alternative residential placement for the child outside the parent's home. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition shall only ask that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve such placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an alternative residential placement.

Sec. 4. Section 31, chapter 155, Laws of 1979 as last amended by section 1, chapter 524, Laws of 1987 and RCW 13.32A.170 are each amended to read as follows:

(1) The court shall hold a fact-finding hearing to consider a proper petition and may approve or deny alternative residential placement giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence that:

(a) The petition is not capricious;

(b) The petitioner, if a parent or the child, has made a reasonable effort to resolve the conflict;

(c) The conflict which exists cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; and

(d) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home.

The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

(2) The order approving out-of-home placement shall direct the department to submit a disposition plan for a three-month placement of the child that is designed to reunite the family and resolve the family conflict. Such plan shall delineate any conditions or limitations on parental involvement. In making the order, the court shall further direct the department to make recommendations, as to which agency or person should have physical custody of the child, as to which parental powers should be awarded to such agency or person, and as to parental visitation rights. The court may direct the department to consider the cultural heritage of the child in making its recommendations.

(3) The hearing to consider the recommendations of the department for a three-month disposition plan shall be set no later than fourteen days after the approval of the court of a petition to approve alternative residential placement. Each party shall be notified of the time and place of such disposition hearing.

(4) If the court approves or denies a petition for an alternative residential placement, a written statement of the reasons shall be filed. If the court denies a petition requesting that a child be placed in a residence other than the home of his or her parent, the court shall enter an order requiring the child to remain at or return to the home of his or her parent.

(5) If the court denies the petition, the court shall impress upon the party filing the petition of the legislative intent to restrict the proceedings to situations where a family conflict is so great that it cannot be resolved by the provision of in-home services.

(6) A child who fails to comply with a court order directing that the child remain at or return to the home of his or her parent shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within ninety calendar days after the day of the order.

(7) The department may request, and the juvenile court duly consider, dismissal of an alternative residential placement order when a youth is sixteen years old or older and provision of services by the department is not feasible due to one or more of the following circumstances:

(a) The child has been absent from parental custody without consent for thirty consecutive days or more;

(b) The parents and/or child refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

Sec. 5. Section 33, chapter 155, Laws of 1979 as last amended by section 2, chapter 188, Laws of 1984 and RCW 13.32A.190 are each amended to read as follows:

(1) Upon making a dispositional order under RCW 13.32A.180, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in mediation programs for reconciliation of their conflict.

(2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with the goal of resolving the conflict and reuniting the family which governed the initial approval. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court is authorized to discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have displayed concerted efforts to utilize services and resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.

Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order that the child return to the home of the parent at the expiration of the placement. If continued out-of-home placement is disapproved, the court shall enter an order requiring that the child return to the home of the child's parent.

(3) The department may request, and the juvenile court duly consider, dismissal of an alternative residential placement order when a youth is sixteen years old or older and provision of services by the department is not feasible due to one or more of the following circumstances:

(a) The child has been absent from parental custody without consent for thirty consecutive days or more;

(b) The parents and/or child refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or

Sec. 6. Section 14, chapter 298, Laws of 1981 and RCW 13.32A.250 are each amended to read as follows:

(1) In all alternative residential placement proceedings, the court shall verbally notify all parties to the proceedings, including the parents and the child, of the possibility of a finding of contempt for failure to comply with the terms of an alternative residential placement order. The parents and the child shall be equally treated under the terms of this section.

(2) Failure by a party to comply with an order entered under this chapter is punishable as contempt.

((~~(2)~~)) (3) Contempt under this section is punishable by a fine of up to one hundred dollars and imprisonment for up to seven days, or both.

((~~(3)~~)) (4) A child found in contempt under this section shall be imprisoned only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

((~~(4)~~)) (5) The procedure in a contempt proceeding held under this section is governed by RCW 7.20.040 through 7.20.080, as now law or hereafter amended.

((~~(5)~~)) (6) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.