SENATE BILL REPORT

SB 6563

BYSenators Vognild, Smith, Bailey and Stratton

Changing circumstances under which law enforcement officials may take children into custody.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 31, 1990; February 1, 1990

Majority Report:     Do pass.

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

Senate Staff:Lidia Mori (786-7755)

                February 9, 1990

AS PASSED SENATE, FEBRUARY 9, 1990

BACKGROUND:

When a family is in conflict and a child in the family has become a threat to the parent, there is no expedited legal mechanism by which the parent can remove the child from the parent's home.  The parent can file a petition for an alternative residential placement; however, the court cannot accept it unless verification is provided that a family assessment has been completed by the department.  The family assessment is aimed at family reconciliation and avoidance of out-of-home placement of the child. If the family assessment is not performed within two working days of the request, the juvenile court will consider the petition for an alternative residential placement.

SUMMARY:

A law enforcement officer is authorized to take a child into custody if the law enforcement agency has been notified by the parent of the child that the family is in conflict and the child constitutes a threat to the physical, emotional, or mental well-being of the parent.  The law enforcement officer is directed to inform the child of the reason for placement in custody and is then to transport the child to a crisis residential center or may place the child in a juvenile detention facility.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested

Senate Committee - Testified:   Mike Redman, Washington Association of Prosecuting Attorneys; Larry Fohr, Washington Council on Crime and Delinquency