SENATE BILL REPORT

SB 5624

BYSenators 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)

                  March 6, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 3, 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  Because the Runaway Youth Act was felt by many to be too "children's rights" oriented, it was repealed in 1979 and replaced with the Procedures for Families in Conflict chapter.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 new procedure for dealing with high risk youth is created.  High risk youth is defined to include youths who have run away from home, are chronically truant, are in conflict with their parents or have a serious substance abuse or chemical dependency problem.  The juvenile court has the jurisdiction to hear cases involving high risk youth.

A police officer may take a youth who has run away or is in conflict with his or her parents into limited custody which is not to last more than six hours unless the youth agrees otherwise.  The officer must attempt to transport the youth home and may recommend that the family seek assistance from a social service agency if the officer believes it is necessary.  The officer may also take the youth to a crisis residential center, receiving home or other facility approved by the court if the parents cannot be found or if the minor does not want to return home.  The administrator of the facility must inform the juvenile court that the youth has been placed in the facility.

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 or the agency 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.

A police officer may take into temporary custody a minor who has already been found to be a high risk youth and has left a placement without permission or is suspected of being a high risk youth.  The officer must take the minor to the local juvenile officer, if any, who must deliver the minor to a place designated by the court for the reception of minors.  The officer must also attempt to notify the parents where the minor is being held.  The juvenile officer may take one or more of the statutorily designated actions, including, but not limited to station adjustment and referral of the matter to the juvenile probation department.

If a minor is taken into temporary custody and 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. 

Any adult person, agency or association or the court, through the prosecuting attorney, may file a petition alleging that a youth 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 but supervised 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.

EFFECT OF PROPOSED SUBSTITUTE: 

Counties have the option of including youths 16-18 in their definition of high-risk youth.

Block grants shall be made to the counties through a process established by the Department of Community Development.

Parents are required to pay for, if possible, or contribute to the cost of any counseling, therapy or treatment that is ordered by the court.

Staff-secure facilities are clarified.  The courts are allowed but not required to place youths in such facilities.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

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