HOUSE BILL REPORT

EHB 1777

As Amended by the Senate

BYRepresentatives Leonard, P. King, Pruitt, Sayan, R. King, Todd and Raiter;by request of Department of Social and Health Services

Providing for alternative residential placement.

House Committe on Human Services

Majority Report:  Do pass with amendment.  (9)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Anderson, Brekke, Hargrove, Leonard, Raiter and Winsley.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Tate, Assistant Ranking Republican Member and Padden.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

The alternative residential placement (ARP) procedure was established to allow families in conflict to temporarily have a child be placed outside of the home on a voluntary basis.  The ARP petition can be filed by either the parent or the child.

When the Department of Social and Health Services has already been working with the family, reconciliation attempts have been made to prevent placement. However, when there has been no prior involvement, the department's role is limited to finding a suitable placement for the child after a petition has been granted.

The court may deny an ARP petition for several reasons including capriciousness of the petition, lack of reasonable efforts to resolve the conflict, services are available to resolve the conflict within the parental home, or a petition based upon dislike of reasonable rules and discipline. The department has no ability to influence the court's decision or authority to request dismissal of an ARP petition.

Payments toward the support of a child in an ARP are not required from a parent who has opposed the placement and sought reunification with the child.

Only the child can be held liable for contempt of court for failure to comply with the terms of an ARP.

Frequently children are placed in homes that are in different school districts than their family home. Schools are not required to release the school records of children who owe monies to the district.

SUMMARY:

An ARP petition may not be filed without verification that a family assessment has been completed by the department.  The family assessment shall be directed at family reconciliation and avoidance of an out-of-home placement.

The juvenile court is required to notify the department when a fact-finding hearing on an ARP petition is scheduled.  The department's recommendation for approval or dismissal of the petition and the availability of a suitable out- of-home placement resource must be considered by the court in reaching its decision on the petition.

The department may request dismissal of an ARP petition at the original fact-finding hearing and any subsequent hearing, when they are unable to provide services due to any of the following circumstances: 1) the child has been absent from a placement for 30 days; 2) the parent, or child, or both refuse to cooperate in appropriate intervention aimed at keeping the family together; or 3) all available resources have been exhausted.

The court shall require a parental contribution to the cost of the placement regardless of whether the parent has opposed the placement.

Contempt of court charges are equally applicable to both the child and the parent.

The school records of a child in the custody of the department may not be withheld for non-payment of school fees.

EFFECT OF SENATE AMENDMENTS:  Contributions toward the cost of care of a child in placement are not required of a parent who has opposed the placement and sought reconciliation with the child.

Fiscal Note:      Requested February 8, 1989.

House Committee ‑ Testified For:    Diana Larsen-Mills, Department of Social and Health Services; Mike Curtis, Administrator for the Courts.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Department of Social and Health Services should be allowed an assessment period before the alternative residential placement petition is filed to attempt to reconcile the family before an out-of-home placement takes place. The department should also be allowed to have the court consider their opinion as to whether a petition should be approved or disapproved. Currently the department has no ability to request that a petition be dismissed.  Certain circumstances require that they have this ability including absence of the child or non-cooperation in attempts to reunify the family. All other programs, except those for the developmentally disabled, require that parents contribute to the support of a child in placement or in an institution. Parents who do not follow a court order should be just as liable for contempt of court charges as a child.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 70; Nays 28

Voting Nay: Representatives Ballard, Baugher, Beck, Betrozoff, Brooks, Brough, Chandler, Doty, Ferguson, Fuhrman, Hankins, Hargrove, May, McLean, Moyer, Nealey, Padden, Patrick, Silver, Smith, D. Sommers, Tate, Van Luven, Walk, Walker, Wolfe, Youngsman and Zellinsky