AN ACT Relating to juveniles; amending RCW 13.32A.050 and 13.32A.060; and adding a new section to chapter 13.32A RCW.

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 1, chapter 288, Laws of 1986 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 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.

((~~(5)~~)) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

NEW SECTION. Sec. 2. A new section is added to chapter 13.32A RCW to read as follows:

The legislative authority of a city, town, or county shall, on the request of any person residing in the jurisdiction, issue guidelines specifying what constitutes danger to a child's safety. No legislative authority may be required to issue such guidelines more than once in any twelve-month period. The executive of the city, town, or county shall ensure that the city, town, or county law enforcement agency complies with the guidelines in implementing this section. Under guidelines adopted under this section and in addition to any other conditions specified in this section, danger to a child under sixteen years of age may include but is not limited to circumstances such as being on a street, alley, sidewalk, or plaza located in a primarily commercial or business district between the hours of 12:00 a.m. and 5:00 a.m. unless:

(1) The child is accompanied by a parent, legal guardian, or a person twenty-one years or older who is authorized by the child's parent or legal guardian to accompany the child;

(2) The child is traveling by direct route to or from a youth activity sponsored by an accredited educational institution, a recognized nonprofit or religious organization, or an event licensed or permitted to be held on state, county, or city property;

(3) The child is engaged in duties of employment or is traveling by direct route to or from his or her place of employment; or

(4) The child is seeking assistance for an emergency situation.

Sec. 3. Section 20, chapter 155, Laws of 1979 as last amended by section 8, chapter 257, Laws of 1985 and RCW 13.32A.060 are each amended to read as follows:

(1) Except as provided in subsection (3) of this section, an officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:

(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or

(b) Take the child to a designated crisis residential center or the home of a responsible adult:

(i) If the child evinces fear or distress at the prospect of being returned to his or her home; or

(ii) If the officer believes there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or

(iii) If it is not practical to transport the child to his or her home; or

(iv) If there is no parent available to accept custody of the child.

The officer releasing a child into the custody of a responsible adult shall inform the child and the responsible adult of the nature and location of appropriate services available in the community.

(2) Except as provided in subsection (3) of this section, an officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.

(3) An officer taking a minor into custody under RCW 13.32A.050 (2), (3), or (4) may transport the child to a law enforcement station that is reasonably close to the place where the minor was taken into custody. The child may be held in temporary custody at such station for a reasonable period of time. It is the responsibility of law enforcement staff to contact the child's parent or guardian to arrange for the release of the minor. Minors held pursuant to this subsection shall be held in a nonsecure waiting area separate from areas holding confined adults.