SENATE BILL REPORT

E2SSB 5624

BYSenate Committee on Ways & Means (originally sponsored by Senators Craswell, Anderson, Smith, Owen, Hayner, Nelson, Stratton, Johnson, Amondson and Rasmussen)

Regarding high-risk youth.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 2, 1989; February 14, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5624 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  February 27, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1989; March 3, 1989

Majority Report:  That Second Substitute Senate Bill No. 5624 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Hayner, Lee, Matson, Owen, Saling, Smith.

Senate Staff:Karen Hayes (786-7711)

                  April 4, 1989

AS PASSED SENATE, MARCH 31, 1989

BACKGROUND:

In 1977 when the Legislature enacted the Juvenile Justice Act, it also passed the Runaway Youth Act.  Because the Runaway Youth Act was felt by many to be too "children's rights" oriented, it was repealed in 1979 and replaced with the Procedures for Families in Conflict chapter.

Family Reconciliation Services was created under the Procedures for Families in Conflict chapter to provide services to runaways and to children in conflict with their families.  These services are to be provided at the request of the family or in conjunction with an alternative residential placement petition (ARP).

The Department of Social and Health Services, a parent or the child may file an ARP petition.  If the child agrees to be placed outside his or her home and a placement is available, the child is placed.  The child decides whether or not he or she wants to be placed.  No placement can be made if the child does not agree to it.

Crisis residential centers (CRCs) were also created under the Families in Conflict chapter.  CRCs were intended to be short term placements for no longer than 72 hours, during which the CRC staff would work with the family to avoid further or continued out-of-home placement.

Many persons who work with children are dissatisfied with the current system because it does not hold the minor accountable and does not allow the parents or the court to intervene on the child's behalf.  The serious and growing drug problem has been cited as a major reason the courts and parents should have the authority to intervene to require a child to submit to treatment or placement with which the child might not agree.

SUMMARY:

A pilot project creating a new procedure for dealing with high risk youth is established in Pierce County.  High risk youth is defined to include a youth who is 14 years or less, is absent from home without his or her parents' consent and whose contact with either the police or the probation department was initiated by the youth's parents, guardian or custodian.  The juvenile court has the jurisdiction to hear cases involving high risk youth.

The juvenile probation department is authorized to provide crisis intervention services to the youth and his or her family or to contract with another agency to provide such services.  When the probation department is notified that a minor has been placed in a CRC or other facility, the probation department must investigate the situation causing the conflict and attempt to alleviate such conflict by referring the child and his or her family to services to assist them.

If a minor is placed out of his or her home and the probation department, after investigating the circumstances surrounding the placement, determines that court intervention is necessary, the probation department must file a petition alleging that a minor is a high risk youth.  A shelter care hearing must be scheduled if the probation department determines that the temporary placement of the minor must be continued pending the outcome of the petition.

At the shelter care hearing, the court must determine that reasonable efforts cannot prevent or eliminate the need for out-of-home placement before the court can order that the minor be continued in shelter care pending the outcome of the petition. 

A parent, guardian or custodian may request that the juvenile probation department file a petition alleging that the minor is a high risk youth.  The juvenile probation department must confer with every person who wants to file a petition to determine whether or not the matter can be handled without court intervention.  If so, the probation department must prepare a written adjustment plan which can include informal supervision within the family, informal supervision by the probation department, a referral to a treatment program or facility or any combination of these three.  The adjustment can also include other dispositions not specifically mentioned in the statute, but about which the family and the minor agree.

Once a petition is filed, the court must determine whether or not a youth is a high risk youth.  If the minor is proved to be a high risk youth by a preponderance of the evidence, the court may order several dispositions as follows:  1) live with his or her parents with supervision by the probation department; 2) place with a relative, in a foster home, group home or other placement facility approved by the court; 3) place in a treatment facility.

The court may also set conditions of supervision which apply whether or not the minor is placed outside of his or her home.  These conditions of supervision are as follows:  1) regular school attendance; 2) counseling, which may include parents; 3) community service; 4) reporting to a probation officer on a regular basis; 5) participation in a treatment program for substance abuse problems; or 6) any other conditions the court deems appropriate.

The court may order that the minor be confined for a time not to exceed 30 days for violating a court order.  The court is to increase the number of days but not to exceed 30 days each time an order is violated.  The court should not sentence the minor to 30 days in detention for the first violation.

A clause is added as a new section making the act null and void if funding is not provided in the omnibus appropriations act.

Appropriation:    yes

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: CHILDREN & FAMILY SERVICES:  Carol Brigham, mother (pro); June Mapes, volunteer (pro); Bailey deIongh, King County Public Defender's Office (con); Gordon Graham, Washington Parents' Coalition (pro); Marilyn Hatch, parent (pro); Kurt Sharar, Association of Washington Counties (con); Mayor Nan Campbell, Bellevue (pro); Harold Delia, Director, Department of Youth Services of King County (pro); Terrence Carroll, King County Superior Court Judge (pro); Emily Otterstrom, Spokane High School student (pro); Katharine Briar, DCFS (con)

Senate Committee - Testified: WAYS & MEANS:  No one