SENATE BILL REPORT

SB 6610

BYSenators 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)

                February 7, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 6, 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  The "Runaway Youth Act" was repealed in 1979 and replaced by the Procedures for Families in Conflict chapter.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.  The definition for crisis residential centers is stricken and at-risk youth is defined.  Additional definitions are included for county, family reconciliation services, out-of-home residence or placement and designated agency.

Each county or group of counties served by a juvenile court may submit a request for funding to be administered by the Department of Social and Health Services (DSHS) under either of two options.  The first option includes eligibility for a $50,000 annual grant from DSHS, requires submittal of a proposal to address: designation of a lead agency; the estimated number of youth to be served and the services to be provided; the names of members on the advisory board; an estimate of the number of at-risk youth to be served and the number of other youth who will be eligible for services; and a plan to submit reports on an annual basis to the DSHS on services provided.  The second option is an application for a competitive grant from DSHS and includes the requirements from the first option.  A plan must provide the least intervention necessary to resolve problems based on a prescribed continuum of services for at-risk youth and their families. 

Any county applying for a grant under the second option shall receive a grant under the first option.  Any county or group of counties applying for the second option which includes foster homes, group homes or staff-secure facilities must provide a 30 percent match. 

A county that receives a competitive award shall establish a fee schedule for services and report on outcomes of services provided, the level and type of services requested and why they were denied, the number of at-risk youth involved in certain court processes, etc.

Law enforcement officers may take a child to the home of a responsible adult or to the child's home.  The law enforcement officer is required to notify the designated agency. References to CRC's and ARP's are stricken.  The term designated agency is substituted for CRC's and family reconciliation personnel. 

Statute references to DSHS on ARP placement petitions and fact finding hearings are replaced with designated agency.  Conditions are enumerated regarding where an at-risk youth may be placed after the fact finding hearing.  The court may set certain conditions of supervision.  Juvenile court personnel rather than DSHS must submit disposition plans.

Any disposition order that requires a minor to obtain counseling, therapy, or treatment shall provide for the parent or guardian to pay reasonable sums to defray the costs.

Length of stay in an out-of-home placement past 180 days is changed from the day the review hearing commenced to the initial date on which the placement was made. 

The court may imprison for up to 30 days rather than the existing seven days for contempt.

EFFECT OF PROPOSED SUBSTITUTE:

The existing definition for staff-secure facility is restored.  Additional definitions for county, family reconciliation services, out-of-home residence and out-of-home placement, and designated agency are stricken.  Provisions for grants to counties are eliminated.  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 a court order is issued to do so.  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.  Changes to the length of sentencing for contempt of court are stricken.  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.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

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 appropriation section is removed and the bill is made contingent upon funding in the budget.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 29, 1990

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)