SENATE BILL REPORT

E2SSB 6610

BYSenate Committee on Ways & Means (originally sponsored by Senators Craswell, Rasmussen, Smith, Stratton, Johnson, Bailey, Smitherman and Anderson)

Revising provisions for at-risk youth.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 17, 1990; February 2, 1990

Majority Report:     That Substitute Senate Bill No. 6610 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:Jan Sharar (786-7747)

                February 2, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 5, 1990; February 6, 1990

Majority Report:     That Second Substitute Senate Bill No. 6610 be substituted therefor, and the second substitute bill do pass.

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

Senate Staff:Karen Hayes (786-7711)

                March 14, 1990

House Committe on Human Services

Rereferred House Committee on Appropriations

AS PASSED SENATE, FEBRUARY 12, 1990

BACKGROUND:

In 1977 the Legislature enacted the "Juvenile Justice Act" and subsequently passed the "Runaway Youth Act."  The "Runaway Youth Act" was repealed in 1979 and replaced by the Procedures for Families in Conflict chapter. 

Family Reconciliation Services was created under this 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 of his or her home and a placement is available, the child is placed. 

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 works with the family to avoid furthered 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.

SUMMARY:

The Procedures for Families in Conflict chapter is renamed the Family Reconciliation Act.

Family reconciliation services are to be designed to resolve problems related to at-risk youth.  Law enforcement is allowed to pick-up the child if the child has been absent from the home for more than 72 hours and the parents' attempts to return the child have been unsuccessful.  Staff at the CRCs are required to arrange for the child's return home if a court order to do so is produced.  Provisions and procedures for the filing of a petition on behalf of an at-risk youth are set forth.  The department is required to file an ARP petition if no at-risk youth petition is filed.  Department conducted family assessments are required.  Upon occurrence of a dispositional hearing, the court may require certain conditions for the supervision and treatment of an at-risk youth.  The court may order monitoring for compliance to these conditions.  Further court procedures for at-risk youth are set forth.  The department is required to contract with an independent organization for a two-year study of family reconciliation services and inclusion of recommendations for improved services to at-risk youth.

A parent may request law enforcement to place their child in detention or a CRC if the child has been away from the home without permission for over 72 hours and attempts to return the child have failed.

An alternative is provided where a child may not be detained under this act unless the court can ascertain a willing violation of its orders by a sworn written or oral declaration from the parent.  The bill is made contingent upon funding in the budget.

Appropriation:  none

Revenue:   none

Fiscal Note:    available

Effective Date:July 1, 1990

Senate Committee - Testified:   CHILDREN & FAMILY SERVICES:  Robert Hunner, Governor's Juvenile Justice Advisory Committee (con); Michael Curtis, Office of the Administrator for the Courts - for the Washington Association of Juvenile Court Administrators; Brian D. Pedersen, Cowlitz County Sheriffs Office (con); Steve McKay, WAPA & WASAC (con)

Senate Committee - Testified:   WAYS & MEANS:  Katherine Briar, DSHS (neutral)

HOUSE AMENDMENT:

The ability to detain juveniles in detention or crisis residential centers if they are away from home for longer than 72 hours is removed.  County juvenile detention staff is not responsible for providing services to youth who are subject to at-risk youth petitions.  DSHS will conduct a study of family reconciliation services rather than an independent contractor.  Provision of services is contingent upon funds specifically appropriated by the Legislature for these purposes.  Conditions under which a person may be committed involuntarily for mental illness is revised to include chronic failure or refusal to take required medications.  The minimum age limit under which a child may be admitted to inpatient treatment for a mental disorder, inpatient treatment renewal, intent to leave treatment and discharge from treatment without written consent from the child is changed from 13 years old to 15 years old.