AN ACT Relating to high-risk youth; amending RCW 13.04.011, 13.04.030, 13.04.040, 13.04.093, 13.04.240, 13.04.300, 13.06.010, 13.06.030, 13.06.040, 13.06.050, 13.32A.010, 13.32A.030, 13.32A.050, 13.32A.080, and 13.32A.250; adding new sections to chapter 13.32A RCW; repealing RCW 13.32A.100, 13.32A.120, 13.32A.140, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.180, 13.32A.190, 13.32A.060, 13.32A.070, 13.32A.090, and 13.32A.130; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 2, chapter 291, Laws of 1977 ex. sess. as amended by section 1, chapter 155, Laws of 1979 and RCW 13.04.011 are each amended to read as follows:

For purposes of this title:

(1) Except as specifically provided in RCW 13.40.020 and chapter 13.24 RCW, as now or hereafter amended, "juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years;

(2) "Juvenile offender" and "juvenile offense" have the meaning ascribed in RCW 13.40.010 through 13.40.240;

(3) "Court" when used without further qualification means the juvenile court judge(s) or commissioner(s);

(4) "Parent" or "parents," except as used in chapter 13.34 RCW, as now or hereafter amended, means that parent or parents who have the right of legal custody of the child. "Parent" or "parents" as used in chapter 13.34 RCW, means the biological or adoptive parents of a child unless the legal rights of that person have been terminated by judicial proceedings;

(5) "Custodian" means that person who has the legal right to custody of the child;

(6) "High-risk youth" means any youth sixteen years of age or under (a) who is (i) absent from home without consent of parent, guardian, or custodian, or (ii) beyond the control of his or her parent, guardian, or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety; or (b) who is a chronic truant; or (c) who has a serious abuse problem for which there is no chargeable offense related to the substance abuse problem; and (d) who, after being taken into limited custody for the period provided for in this section and offered interim crisis intervention services, where available, refuses to return home after the minor and his or her parent, guardian, or custodian cannot agree to an arrangement for an alternative voluntary residential placement or to the continuation of such placement. Any minor taken into limited custody for the reasons specified in this section may not be adjudicated a high-risk youth until the following number of days have elapsed from his or her having been taken into limited custody: Twenty-one days for the first instance of being taken into limited custody and five days for the second or third instance of being taken into limited custody. For the fourth or any subsequent instance of being taken into limited custody for the reasons specified in this section, the minor may be adjudicated as a high-risk youth without any specified period of time expiring after his or her being taken into limited custody, without the minor's being offered interim crisis intervention services, and without the minor's being afforded an opportunity to agree to an arrangement for an alternative voluntary residential placement. The intake officer, probation counselor, prosecuting attorney, or any other person designated who decides whether to file a petition alleging that a minor is a high-risk youth has the discretion to file the petition without regard to the time requirements of this section, if the intake officer, probation counselor, prosecuting attorney, or any other designated person determines that court intervention is necessary to provide the minor with the assistance he or she needs. Notwithstanding any other provision of this section, for the first instance in which a minor is taken into limited custody where one year has elapsed from the last instance of his or her having been taken into limited custody, the minor may not be adjudicated a high-risk youth until twenty-one days have passed since being taken into limited custody.

Sec. 2. Section 2, chapter 160, Laws of 1913 as last amended by section 1, chapter 14, Laws of 1988 and RCW 13.04.030 are each amended to read as follows:

The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

(1) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

(2) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170, as now or hereafter amended;

(3) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210, as now or hereafter amended;

(4) ((~~To approve or disapprove alternative residential placement as provided in RCW 13.32A.170~~)) Relating to juveniles alleged or found to be high-risk youth as provided in chapter 13.32A RCW;

(5) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, as now or hereafter amended, unless:

(a) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110, as now or hereafter amended; or

(b) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

(c) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or subsection (5)(a) of this section: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;

(6) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

(7) Relating to termination of a diversion agreement under RCW 13.40.080 as now or hereafter amended, including a proceeding in which the divertee has attained eighteen years of age; and

(8) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

Sec. 3. Section 3, chapter 160, Laws of 1913 as last amended by section 14, chapter 191, Laws of 1983 and RCW 13.04.040 are each amended to read as follows:

The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of good character to serve as probation counselors during the pleasure of the administrator. The probation counselor shall:

(1) Receive and examine referrals to the juvenile court for the purpose of considering the filing of a petition or information pursuant to RCW 13.34.040, 13.34.180, and 13.40.070 as now or hereafter amended, and ((~~RCW 13.32A.150~~)) section 24 of this act;

(2) Assist in any intervention necessitated by section 14 of this act;

(3) Make recommendations to the court regarding the need for continued detention or shelter care of a child unless otherwise provided in this title;

((~~(3)~~)) (4) Arrange and supervise diversion agreements as provided in RCW 13.40.080, as now or hereafter amended, and ensure that the requirements of such agreements are met except as otherwise provided in this title;

((~~(4)~~)) (5) Prepare predisposition studies as required in RCW 13.34.120 and 13.40.130 and section 32 of this act, as now or hereafter amended, and be present at the disposition hearing to respond to questions regarding the predisposition study: PROVIDED, That such duties shall be performed by the department of social and health services for cases relating to dependency or to the termination of a parent and child relationship which is filed by the department of social and health services unless otherwise ordered by the court; and

((~~(5)~~)) (6) Supervise court orders of disposition to ensure that all requirements of the order are met.

All probation counselors shall possess all the powers conferred upon sheriffs and police officers to serve process and make arrests of juveniles under their supervision for the violation of any state law or county or city ordinance.

The administrator may, in any county or judicial district in the state, appoint one or more persons who shall have charge of detention rooms or houses of detention.

The probation counselors and persons appointed to have charge of detention facilities shall each receive compensation which shall be fixed by the legislative authority of the county, or in cases of joint counties, judicial districts of more than one county, or joint judicial districts such sums as shall be agreed upon by the legislative authorities of the counties affected, and such persons shall be paid as other county officers are paid.

The administrator is hereby authorized, and to the extent possible is encouraged to, contract with private agencies existing within the community for the provision of services to youthful offenders, high-risk youth, and youth who have entered into diversion agreements pursuant to RCW 13.40.080, as now or hereafter amended.

The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and (13) and for the payment of the fines into the county general fund.

Sec. 4. Section 9, chapter 291, Laws of 1977 ex. sess. as last amended by section 30, chapter 354, Laws of 1985 and RCW 13.04.093 are each amended to read as follows:

It shall be the duty of the prosecuting attorney to act in proceedings relating to the commission of a juvenile offense as provided in RCW 13.40.070 and 13.40.090 and in proceedings as provided in chapter 71.34 RCW. It shall be the duty of the prosecuting attorney to handle delinquency cases under chapter 13.24 RCW and it shall be the duty of the attorney general to handle dependency cases under chapter 13.24 RCW. It shall be the duty of the prosecuting attorney to handle high-risk youth proceedings under chapter 13.32A RCW. It shall be the duty of the attorney general in contested cases brought by the department to present the evidence supporting any petition alleging dependency or seeking the termination of a parent and child relationship or any contested case filed under RCW 26.33.100 or approving or disapproving alternative residential placement: PROVIDED, That in class 1 through 9 counties the attorney general may contract with the prosecuting attorney of the county to perform said duties of the attorney general.

Sec. 5. Section 16, chapter 302, Laws of 1961 and RCW 13.04.240 are each amended to read as follows:

An order of court adjudging a child a delinquent ((or)), a dependent, or a high-risk youth under the provisions of this ((~~chapter~~)) title shall in no case be deemed a conviction of crime.

Sec. 6. Section 14, chapter 155, Laws of 1979 as amended by section 15, chapter 3, Laws of 1983 and RCW 13.04.300 are each amended to read as follows:

Nothing in chapter 13.04, 13.06, 13.32A, 13.34, or 13.40 RCW may be construed to prevent a juvenile from being found ((~~both~~)) a dependent, a high-risk youth, and an offender if there exists a factual basis for such a finding.

Sec. 7. Section 1, chapter 165, Laws of 1969 ex. sess. as amended by section 1, chapter 191, Laws of 1983 and RCW 13.06.010 are each amended to read as follows:

It is the intention of the legislature in enacting this chapter to increase the protection afforded the citizens of this state, to require community planning, to provide necessary services and supervision for juvenile offenders and high-risk youth in the community when appropriate, to reduce reliance on state-operated correctional institutions for offenders whose standard range disposition does not include commitment of the offender to the department, and to encourage the community to efficiently and effectively provide community services to juvenile offenders and high-risk youth through consolidation of service delivery systems.

Sec. 8. Section 3, chapter 165, Laws of 1969 ex. sess. as last amended by section 3, chapter 191, Laws of 1983 and RCW 13.06.030 are each amended to read as follows:

The department of social and health services shall adopt rules prescribing minimum standards for the operation of consolidated juvenile services programs for juvenile offenders and high-risk youth and such other rules as may be necessary for the administration of the provisions of this chapter. Consolidated juvenile services is a mechanism through which the department of social and health services supports local county comprehensive program plans in providing services to offender and high-risk youth groups. Standards shall be sufficiently flexible to support current programs which have demonstrated effectiveness and efficiency, to foster development of innovative and improved services for juvenile offenders and high-risk youth, to permit direct contracting with private vendors, and to encourage community support for and assistance to local programs. The secretary of social and health services shall seek advice from appropriate juvenile justice system participants in developing standards and procedures for the operation of consolidated juvenile services programs and the distribution of funds under this chapter.

Sec. 9. Section 4, chapter 165, Laws of 1969 ex. sess. as last amended by section 4, chapter 191, Laws of 1983 and RCW 13.06.040 are each amended to read as follows:

Any county or group of counties may make application to the department of social and health services in the manner and form prescribed by the department for financial aid for the cost of consolidated juvenile services programs. Any such application must include a plan or plans for providing consolidated services to juvenile offenders and high-risk youth in accordance with standards of the department.

Sec. 10. Section 5, chapter 165, Laws of 1969 ex. sess. as last amended by section 5, chapter 191, Laws of 1983 and RCW 13.06.050 are each amended to read as follows:

No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set forth in this section.

(1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, high-risk youth referrals and adjudications, juvenile crime or arrest rates, existing programs, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services. The criteria shall also include the effectiveness and efficiency of local programs designed to maintain high-risk youth in their own homes and reduce the number of out-of-home placements.

(2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.

Sec. 11. Section 15, chapter 155, Laws of 1979 and RCW 13.32A.010 are each amended to read as follows:

The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, experience and maturity are better qualifications for establishing guidelines beneficial to and protective of individual members and the group as a whole than are youth and inexperience. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.

The legislature intends that the focus of this legislation dealing with high-risk youth be with early intervention. Intervention and community programs should be attempted before court involvement and out-of-home placement.

Sec. 12. Section 17, chapter 155, Laws of 1979 as amended by section 6, chapter 257, Laws of 1985 and RCW 13.32A.030 are each amended to read as follows:

As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

(1) "Department" means the department of social and health services;

(2) "Child," "juvenile," and "youth" mean any individual who is under the chronological age of eighteen years;

(3) "Parent" means the legal custodian(s) or guardian(s) of a child;

(4) "High-risk youth" means any youth sixteen years of age or under (a) who is (i) absent from home without consent of parent, guardian, or custodian, or (ii) beyond the control of his or her parent, guardian, or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety; or (b) who is a chronic truant; or (c) who has a serious substance abuse problem for which there in no chargeable offense related to the substance abuse problem; and (d) who, after being taken into limited custody for the period provided for in this section and offered interim crisis intervention services, where available, refuses to return home after the minor and his or her parent, guardian, or custodian cannot agree to an arrangement for an alternative voluntary residential placement or to the continuation of such placement. Any minor taken into limited custody for the reasons specified in this section may not be adjudicated a high-risk youth until the following number of days have elapsed from his or her having been taken into limited custody: Twenty-one days for the first instance of being taken into limited custody and five days for the second or third instance of being taken into limited custody. For the fourth or any subsequent instance of being taken into limited custody for the reasons specified in this section, the minor may be adjudicated a high-risk youth without any specified period of time expiring after he or she has been taken into limited custody, without the minor being offered interim crisis intervention services, and without the minor being afforded an opportunity to agree to an arrangement for an alternative voluntary residential placement. The intake officer, probation counselor, prosecuting attorney, or any other designated person who decides whether to file a petition alleging that a minor is a high-risk youth, has the discretion to file the petition without regard to the time requirements of this section, if the intake officer, probation counselor, prosecuting attorney, or any other designated person determines that court intervention is essential to provide the minor with the assistance that he or she needs. Notwithstanding any other provision of this section, for the first instance in which a minor is taken into limited custody where one year has elapsed from the last instance the minor has been taken into limited custody, the minor may not be adjudicated a high-risk youth until twenty-one days have passed since being taken into limited custody.

(5) "((~~Semi-secure~~)) Staff-secure facility" means any facility, including but not limited to crisis residential centers ((or)), group homes, receiving homes, specialized foster family homes, ((~~operated in a manner to reasonably assure that youth placed there will not run away~~)) and any other facility approved by the court which provides twenty-four hour supervision of youth placed in the facility in such a manner that reasonably assures that the youths will not run away: PROVIDED, That such facility shall not be a secure institution or facility as defined by the federal juvenile justice and delinquency prevention act of 1974 (P.L. 93-415; 42 U.S.C. Sec. 5634 et seq.) and regulations and clarifying instructions promulgated thereunder. ((~~Pursuant to rules established by the department, the facility~~)) The administrators of the facilities approved by the court shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves.

Sec. 13. Section 19, chapter 155, Laws of 1979 as last amended by section 1, chapter 288, Laws of 1986 and RCW 13.32A.050 are each amended to read as follows:

((~~A law enforcement officer shall take a child into custody:~~

~~(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or~~

(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety; or

~~(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or~~

(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW.

~~Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.~~

~~An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.~~

~~(5)~~)) (1) A law enforcement officer may, without a warrant, take into limited custody a minor whom the law enforcement officer reasonably determines is (a) absent from home without consent of the minor's parent, guardian, or custodian, or (b) beyond the control of his or her parent, guardian, or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety.

(2) A law enforcement officer who takes a minor into limited custody shall (a) immediately inform the minor of the reasons for such limited custody, and (b) make a prompt, reasonable effort to inform the minor's parents, guardian, or custodian that the minor has been taken into limited custody and where the minor is being kept.

(3) If the minor consents, the law enforcement officer shall make a reasonable effort to transport, arrange for the transportation of, or otherwise release the minor to the parent, guardian, or custodian. Upon release of a minor who is believed to need or would benefit from medical, psychological, psychiatric, or social services available in the community, the law enforcement officer shall inform the minor and the person to whom the minor is released of the nature and location of appropriate services and shall, if requested, assist in establishing contact between the family and an agency or association providing such services.

(4) If the law enforcement officer is unable by all reasonable efforts to contact a parent, guardian, custodian, relative, or other responsible person; or if the person contacted lives an unreasonable distance away; or if the minor refuses to be taken to his or her home or other appropriate residence; or if the officer is otherwise unable despite all reasonable efforts to make arrangements for the safe release of the minor taken into limited custody, the law enforcement officer shall take or make reasonable arrangements for transporting the minor to the probation department which shall arrange for crisis intervention services. If the probation department is closed, the officer shall transport the minor to a crisis residential center, receiving home, or any other facility approved by the court for temporary shelter. On the next business day, the administrator of the center, receiving home, or other facility shall inform the probation department that the minor was temporarily placed.

(5) No minor shall be involuntarily subject to limited custody for more than six hours from the time of the minor's initial contact with the law enforcement officer.

(6) No minor taken into limited custody shall be placed in a jail, municipal lockup, detention center, or secure correctional facility.

(7) The taking of a minor into limited custody under this section is not an arrest nor does it constitute a police record; and the records of law enforcement officers concerning all minors taken into limited custody under this section shall be maintained separate from the records of arrest and may not be inspected by or disclosed to the public except by order of the court. However, such records may be disclosed to the probation department or agency or association providing interim crisis intervention services for the minor.

(8) Any law enforcement agency, juvenile officer, or other law enforcement officer acting reasonably and in good faith in the care of a minor in limited custody shall be immune from any civil or criminal liability resulting from such custody.

(9) The law enforcement officer shall notify the probation department of every contact it has with a minor who could be defined as a high-risk youth regardless of the outcome of the contact.

(10) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

NEW SECTION. Sec. 14. (1) Any minor who is taken into limited custody, or who independently requests or is referred for assistance, may be provided crisis intervention services by the probation department, an agency or association with which the probation department or juvenile court contracts or any other agency or association approved by the court, provided that the staff of the probation department, association, or agency (a) immediately investigates the circumstances of the minor and the facts surrounding the minor being taken into custody and promptly explains these facts and circumstances to the minor, and (b) makes a reasonable effort to inform the minor's parent, guardian, or custodian of the fact that the minor has been taken into limited custody and where the minor is being kept, and (c) if the minor consents, makes a reasonable effort to transport, arrange for the transportation of, or otherwise release the minor to the parent, guardian, or custodian. Upon release of the child who is believed to need or benefit from medical, psychological, psychiatric, or social services, the probation department, association, or agency may inform the minor and the person to whom the minor is released of the nature and location of appropriate services and shall, if requested, assist in establishing contact between the family and other associations or agencies providing such services. If the probation department, agency, or association is unable by all reasonable efforts to contact a parent, guardian, or custodian, if the person contacted lives an unreasonable distance away, if the minor refuses to be taken to his or her home or other appropriate residence, or if the agency or association is otherwise unable despite all reasonable efforts to make arrangements for the safe return of the minor, the minor may be temporarily placed in a facility approved by the court.

(2) The probation department is authorized to permit a minor to be sheltered in a temporary living arrangement provided the department seeks to effect the minor's return home or alternative living arrangements agreeable to the minor and the parent, guardian, or custodian as soon as practicable. If the parent, guardian, or custodian refuses to permit the minor to return home, and no other living arrangement agreeable to the minor and the parent, guardian, or custodian can be made, the department shall file a petition alleging that the minor is dependent as described in chapter 13.34 RCW. No minor shall be sheltered in a temporary living arrangement for more than forty-eight hours, excluding Saturdays, Sundays, and court-designated holidays, without parental consent unless the department documents its unsuccessful efforts to contact a parent, custodian, or guardian, including recording the date, time, and staff involved in all telephone calls, telegrams, letters, and personal contacts to obtain the consent or authority, in which case the minor may be so sheltered for not more than twenty-one days.

(3) The probation department, any agency, or association or employee thereof acting reasonably and in good faith in the care of a minor being provided interim crisis intervention services and shelter care shall be immune from any civil or criminal liability resulting from such care.

NEW SECTION. Sec. 15. (1) A minor and his or her parent, guardian, or custodian may agree to an arrangement for alternative voluntary residential placement without court order. The placement may continue as long as there is agreement.

(2) If the minor and his or her parent, guardian, or custodian cannot agree to an arrangement for alternative voluntary residential placement in the first instance, or cannot agree to the continuation of such placement, and the minor refuses to return home, the minor or his or her parent, guardian, or custodian, or a person properly acting at the minor's request, may file with the court a petition alleging that the minor is a high-risk youth.

NEW SECTION. Sec. 16. (1) A law enforcement officer may, without a warrant, take into temporary custody a minor: (a) Who the officer with reasonable cause believes to be a high-risk youth; (b) who has been adjudged a high-risk youth and has escaped from any placement ordered by the court; or (c) who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, or hospitalization.

(2) Whenever a petition has been filed under section 24 of this act, and the court finds that the conduct and behavior of the minor may endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment may endanger his or her health, person, welfare, or property, a warrant may be issued immediately to take the minor into custody.

(3) The taking of a minor into temporary custody under this section is not an arrest nor does it constitute a police record.

NEW SECTION. Sec. 17. (1) A law enforcement officer who takes a minor into custody with a warrant shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where he or she is being held. The officer shall, without unnecessary delay, take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed.

The minor shall be delivered without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors. The court may not designate a place of detention for the reception of minors, unless the minor is alleged to have committed an offense.

(2) A law enforcement officer who takes a minor into custody without a warrant under section 16 of this act shall, if the minor is not released, immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor is being held; and the law enforcement officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed.

(3) The juvenile police officer may take one of the following actions:

(a) Station adjustment with release of the minor to a parent;

(b) Station adjustment, release of the minor to a parent, and referral of the case to community services;

(c) Station adjustment, release of the minor to a parent, and referral of the case to community services with informal monitoring by a juvenile police officer;

(d) Release of the minor to his or her parents and referral of the case to a county juvenile probation officer or such other public officer designated by the court; and

(e) If the juvenile police officer reasonably believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors.

Sec. 18. Section 22, chapter 155, Laws of 1979 as amended by section 6, chapter 298, Laws of 1981 and RCW 13.32A.080 are each amended to read as follows:

(1) (a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

(iii) Obstructs a law enforcement officer from taking the minor into custody; or

(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

(2) Harboring a minor is punishable as a misdemeanor if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section.

(3) Any person who provides shelter to a child, absent from home, may notify the ((~~department's local community service office~~)) probation department of the child's presence.

(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

(b) Promoting prostitution as defined in chapter 9A.88 RCW; and

Sec. 19. Section 14, chapter 298, Laws of 1981 and RCW 13.32A.250 are each amended to read as follows:

(1) Failure by a party to comply with an order entered under this chapter is punishable as contempt.

(2) Contempt under this section is punishable by a fine of up to one hundred dollars and ((~~imprisonment for up to seven days, or both~~)) up to thirty days detention: PROVIDED, That in using detention to punish the contempt the court uses increasing days in detention up to thirty days for additional contumacious behavior.

(3) A child found in contempt under this section shall be ((~~imprisoned~~)) detained only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

(4) The procedure in a contempt proceeding held under this section is governed by RCW 7.20.040 through 7.20.080, as now law or hereafter amended.

(5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

NEW SECTION. Sec. 20. Any minor taken into temporary custody pursuant to this chapter who requires care away from his or her home but who does not require physical restriction shall be given temporary care in a foster home, receiving home, group home, or other shelter facility designated by the court.

NEW SECTION. Sec. 21. When a minor is delivered to the court or to the place designated by the court under section 20 of this act, a probation counselor or other public officer designated by the court shall immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody. The minor shall be immediately released to the custody of his or her parent, guardian, legal custodian, or responsible relative, unless the probation counselor or such other public officer designated by the court finds that further shelter care is necessary.

NEW SECTION. Sec. 22. (1) Unless sooner released a minor who is a high-risk youth, and taken into temporary custody, must be brought before a judicial officer within seventy-two hours, exclusive of Saturdays, Sundays, and court-designated holidays, for a shelter care hearing to determine whether he or she should be temporarily placed outside his or her home.

(2) If the probation counselor determines that the minor should be temporarily placed, he or she shall cause a petition to be filed as provided in section 25 of this act, and the clerk of the court shall set the matter for hearing on the shelter care hearing calendar. When a parent, guardian, custodian, or responsible relative is present and so requests, the shelter care hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The probation counselor shall notify the minor's parent, guardian, custodian, or responsible relative of the time and place of the hearing. The notice may be given orally.

(3) The minor must be released from custody or placement at the expiration of the seventy-two hour period, if not brought before a judicial officer within that period.

NEW SECTION. Sec. 23. At the appearance of the minor before the court at the shelter care hearing, all witnesses present shall be examined before the court in relation to any matter connected with the allegations made in the petition.

(1) If the court finds that there is not probable cause to believe that the minor is a high-risk youth, it shall release the minor and dismiss the petition.

(2) If the court finds that there is probable cause to believe that the minor is a high-risk youth, the minor, his or her parent, guardian, custodian, and other persons able to give relevant testimony shall be examined before the court. After such testimony, the court may enter an order that the minor shall be released upon the request of a parent, guardian, or custodian if the guardian, parent, or custodian agrees to take custody. If the court finds that it is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another that the minor be placed in a shelter care facility, or that he or she is likely to flee the jurisdiction of the court, and further finds that reasonable efforts have been made or good cause shown why reasonable efforts cannot prevent or eliminate the necessity of removal of the minor from his or her home, the court may prescribe shelter care and order that the minor be kept in a suitable place designated or licensed by the court or in a foster care home, or other center or home licensed and designated by the department of social and health services for placement of high-risk youth; otherwise, it shall release the minor from custody. The court shall make findings of fact in support of the order for shelter care placement.

Once the court finds that it is a matter of immediate and urgent necessity for the protection of the minor that the minor be placed in shelter care, the minor shall not be returned to the parent, guardian, or custodian until the court finds that such placement is no longer necessary for the protection of the minor.

(3) If neither the parent, guardian, legal custodian, responsible relative, nor counsel of the minor has had actual notice of or is present at the shelter care hearing, he or she may file his or her affidavit setting forth these facts, and the clerk shall set the matter for rehearing not later than twenty-four hours, excluding Sundays and legal holidays, after the filing of the affidavit. At the rehearing, the court shall proceed in the same manner as upon the original hearing.

(4) Only when there is reasonable cause to believe that the minor has committed an offense may the minor be kept or detained in a detention facility. This section shall in no way be construed to limit subsection (5) of this section.

(5) No minor alleged or found to be a high-risk youth may be detained in a detention facility or county or municipal jail unless the requirements of section 17 of this act first are met.

(6) If the minor is not brought before a judicial officer within the time period specified in section 22 of this act, the minor must immediately be released from custody.

(7) If neither the parent, guardian, nor custodian appears within twenty-four hours to take custody of the minor released upon request pursuant to subsection (2) of this section, then the clerk of the court shall set the matter for rehearing not later than seven days after the original order and shall issue a summons directed to the parent, guardian, or custodian to appear. At the same time the probation department shall prepare a report on the minor. If a parent, guardian, or custodian does not appear at the rehearing, the judge may enter an order prescribing that the minor be kept in a suitable place recommended by the probation department.

NEW SECTION. Sec. 24. (1) The juvenile probation department shall confer in a preliminary conference with any person seeking to file a petition under section 25 of this act, the prospective respondents, and other interested persons concerning the advisability of filing the petition, with a view to adjusting suitable cases without the filing of a petition.

The probation counselor should schedule a conference promptly except where the prosecuting attorney insists on court action or where the minor has indicated that he or she will demand a judicial hearing and will not comply with an informal adjustment.

(2) In any case of a minor who is in temporary custody, the holding of preliminary conferences does not operate to prolong temporary custody beyond the period permitted by section 22 of this act.

(3) This section does not authorize any probation counselor to compel any person to appear at any conference, produce any papers, or visit any place.

(4) No statement made during a preliminary conference may be admitted into evidence at a fact-finding hearing or at any proceeding against the minor under the criminal laws of this state prior to his or her conviction thereunder.

(5) The probation counselor shall promptly formulate a written, nonjudicial adjustment plan following the initial conference.

(6) Nonjudicial adjustment plans may include but are not limited to one or more of the following:

(a) Up to six months informal supervision within the family;

(b) Up to six months informal supervision with a probation counselor involved;

(d) Referral to special educational, counseling, or other rehabilitative social or educational programs;

(e) Referral to residential treatment programs; and

(f) Any other appropriate action with consent of the minor and a parent.

(7) In developing an informal adjustment plan, the probation counselor shall assess the family situation, including the nature of the conflict, and refer the minor or his or her parent, custodian, or guardian, or both for proper assistance in dealing with the conflict.

(8) The juvenile court is authorized to contract out with private agencies to provide this assistance.

NEW SECTION. Sec. 25. (1) Any adult person, agency, or association by its representative may file, or the court on its own motion may direct, the filing through the prosecuting attorney of a petition in respect to a minor alleged to be a high-risk youth under this chapter. The petition and all subsequent court documents shall be entitled "In the interest of .......... , a minor, alleged to be a high-risk youth."

(2) The petition shall be verified but the statements may be made upon information and belief. It shall allege that the minor is alleged to be a high-risk youth and set forth (a) facts sufficient to bring the minor under RCW 13.32A.030(12); (b) the name, age, and residence of the minor; (c) the names and residences of his or her parents; (d) the name and residence of his or her legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found; and (e) if the minor upon whose behalf the petition is brought is sheltered in custody, the date on which shelter care was ordered by the court or the date set for a shelter care hearing. If any of the facts herein required are not known by the petitioner, the petition shall so state.

(3) The petition must allege that it is in the best interests of the minor and of the public that he or she be adjudged a high-risk youth and may pray generally for relief available under this chapter. The petition need not specify any proposed disposition following such adjudication.

(4) If an order of protection under section 33 of this act is sought against any person, the petition shall so state, shall name that person as a respondent, and give the address where he or she resides.

(5) At any time before dismissal of the petition or before final closing and discharge under section 39 of this act, one or more supplemental petitions may be filed in respect to the same minor.

NEW SECTION. Sec. 26. (1)(a) When a petition has been filed alleging that the minor is a high-risk youth, a fact-finding hearing shall be held within one hundred twenty days of a demand made by any party, except that when the court determines that the state, without success, has exercised due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later date, the court may, upon motion by the state, continue the fact-finding hearing for not more than thirty additional days.

The one hundred twenty-day period in which a fact-finding hearing shall be held is tolled by: (i) Delay occasioned by the minor; or (ii) a continuance allowed after a court's determination of the minor's physical incapacity for trial; or (iii) an interlocutory appeal. Any such delay shall temporarily suspend, for the time of the delay, the period within which the fact-finding hearing must be held. On the day of expiration of the delay, the said period shall continue at the point at which it was suspended.

(b) When no such fact-finding hearing is held within the time required by (a) of this subsection, the court shall, upon motion by any party, dismiss the petition with prejudice.

(2) Without affecting the applicability of the tolling and multiple prosecution provisions of subsection (1) of this section, when a petition has been filed alleging that the minor is a high-risk youth and the minor is in shelter care, the fact-finding hearing shall be held within ten judicial days after the date of the order directing shelter care, or the earliest possible date in compliance with the notice provisions of this act as to the custodial parent, guardian, or legal custodian, but not later than thirty judicial days from the date of the order of the court directing shelter care.

(3) Any failure to comply with the time limits of subsection (2) of this section shall require the immediate release of the minor from shelter care, and the time limits of subsection (1) of this section shall apply.

(4) Nothing in this section prevents a minor, a minor's parents, or guardian from exercising their respective rights to waive the time limits set forth in this section.

NEW SECTION. Sec. 27. (1) When a petition is filed, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's legal guardian or custodian and to each person named as a respondent in the petition.

(2) The summons must contain a statement that the minor or any of the respondents is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court shall be notified promptly if the minor or any other respondent desires to be represented by an attorney but is financially unable to employ counsel.

(3) The summons shall be issued under the seal of the court, attested to and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the fact-finding hearing.

(4) Service of the summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer or probation counselor, even if the counselor or officer is the petitioner.

(5) If the person to be served with a summons and petition can be found within the state, the summons and petition shall be served personally upon the person at least three court days before the fact-finding hearing, or such time as set by the court. If the person is within the state and cannot be personally served, but the person's address is known or with reasonable diligence can be ascertained, the summons and petition may be served upon the person by mailing a copy thereof by certified mail at least ten days before the hearing, or such time as set by the court. If a person other than the minor is outside the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons and petition may be made either by delivering a copy thereof to the party or by certified mail at least ten days before the fact-finding hearing, or such time as set by the court.

NEW SECTION. Sec. 28. (1) If service upon individuals as provided in section 27 of this act is not made on any respondents within a reasonable time or if any person is made a respondent under the designation of "All to whom it may concern," or if service cannot be made because the whereabouts of a respondent are unknown, service may be made by publication. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Notice by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless notice by publication is given or unless that person appears. When a minor has been sheltered under section 23 of this act and summons has not been served personally or by certified mail within twenty days from the date of the order of the court directing such shelter care, the clerk of the court shall cause publication.

(2) The clerk shall also at the time of the publication of the notice send a copy thereof by mail to each of the respondents on account of whom publication is made at his or her last known address. The certificate of the clerk that he or she has mailed the notice is evidence thereof. No other publication notice is required. Every respondent notified by publication under this section must appear and answer in open court at the hearing. The court may not proceed with the fact-finding hearing until ten days after service by publication on any custodial parent, guardian, or legal custodian in the case of a minor alleged to be a high-risk youth.

(3) If it becomes necessary to change the date set for the hearing in order to comply with section 27 of this act or with this section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail.

NEW SECTION. Sec. 29. (1) Immediately upon the filing of a petition alleging that the minor is a high-risk youth, the court may appoint a guardian ad litem for the minor if:

(a) The petition alleges that the minor is the victim of sexual abuse or misconduct; or

(b) The petition alleges that charges alleging the commission of any of the sex offenses defined in chapter 9A.44 RCW have been filed against a defendant in any court and that the minor is the alleged victim of the acts of the defendant in the commission of such offense.

(2) Unless the guardian ad litem appointed pursuant to subsection (1) of this section is an attorney at law, he or she shall be represented in the performance of his or her duties by counsel.

(3) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if:

(a) No parent, guardian, custodian, or relative of the minor appears at the first or any subsequent hearing of the case; or

(b) The petition for which the minor is before the court resulted from a report made pursuant to chapter 26.44 RCW.

(4) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and his or her parents or other custodian or that it is otherwise in the minor's interest to do so.

(5) The reasonable fees of a guardian ad litem appointed under this section shall be fixed by the court and charged to the parents of the minor, to the extent they are able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county.

NEW SECTION. Sec. 30. At the fact-finding hearing, the court shall first consider only the question whether the minor is a high-risk youth. The standard of proof and the rules of evidence in the nature of civil proceedings in this state are applicable to section 31 of this act.

NEW SECTION. Sec. 31. (1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the fact-finding hearing but before noting in the minutes of proceedings a finding of whether or not the minor is a high-risk youth; and (b) in the absence of objection made in open court by the minor, his or her parent, guardian, custodian, responsible relative, defense attorney, or the prosecuting attorney.

(2) If the minor, his or her parent, guardian, custodian, responsible relative, defense attorney, or prosecuting attorney objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed.

(3) Nothing in this section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason.

(4) When a hearing where a minor is alleged to be a high-risk youth is continued pursuant to this section, the court may permit the minor to remain in his or her home subject to conditions concerning his or her conduct and supervision as the court may require by order.

(5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that a condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the allegation, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation. However, where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within fifteen days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay.

NEW SECTION. Sec. 32. (1) After hearing the evidence the court shall make and note in the record a finding of whether or not the person is a high-risk youth. If it finds that the minor is not such a person, the court shall order the petition dismissed and the minor discharged from any restriction previously ordered in such proceeding.

(2) If the court finds that the person is a high-risk youth, the court shall note in its findings that he or she does require intervention. The court shall then set a time for a dispositional hearing to be conducted under section 33 of this act, at which hearing the court shall determine what disposition is in the best interests of the minor. To assist the court in making this and other determinations at the dispositional hearing, the court may order that an investigation be conducted and a predispositional report be prepared concerning the minor's physical and mental history and condition, family situation and background, economic status, education, occupation, history of delinquency or criminality, personal habits, and any other information that may be helpful to the court. Such investigation or predispositional report shall be conducted or prepared by the juvenile probation department.

NEW SECTION. Sec. 33. (1) At the dispositional hearing, the court shall determine the proper disposition best serving the interests of the minor and the public. All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the fact-finding hearing.

(2) Notice in compliance with sections 27 and 28 of this act must be given to all parties-respondent prior to proceeding to a dispositional hearing. Before making an order of disposition the court shall advise the prosecuting attorney, the parents, guardian, custodian, or responsible relative or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. The court may order, however, that the documents containing the reports need not be submitted for inspection, or that sources of confidential information need not be disclosed except to the attorneys for the parties. Factual contents, conclusions, documents, and sources disclosed by the court under this subsection shall not be further disclosed without the express approval of the court pursuant to an in camera hearing.

(3) A record of a prior continuance under supervision under section 31 of this act, whether successfully completed or not, is admissible at the dispositional hearing.

(4) On its own motion or that of the prosecuting attorney, a parent, guardian, custodian, responsible relative, or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence. In scheduling investigations and hearings, the court shall give priority to proceedings in which a minor has been removed from his or her home before an order of disposition has been made.

NEW SECTION. Sec. 34. The following kinds of orders of disposition may be made in respect to wards of the court:

(1) A minor found to be a high-risk youth under RCW 13.32A.030(4) may be:

(a) Placed under supervision and released to his or her parents, guardian, or legal custodian; or

(b) Placed in accordance with section 38 of this act with or without also being placed under supervision. Conditions of supervision shall be set by the court and may include but are not limited to the following:

(i) Regular school attendance;

(ii) Counseling, which may include parents;

(iii) Community service;

(iv) Reporting to a probation counselor on a regular basis;

(v) Participation in a treatment program for substance abuse problems;

(vi) Any other condition the court deems an appropriate condition of supervision.

(2) Any order of disposition may provide for protective supervision under section 35 of this act and may include an order of protection under section 36 of this act.

(3) Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under section 39 of this act.

(4) In addition to any other order of disposition, the court may order any person found to be a high-risk youth under RCW 13.32A.030(4) to make restitution, in monetary or nonmonetary form.

(5) Any order for disposition where the minor is placed in accordance with section 38 of this act shall provide for the parents or guardian of the estate of such minor to pay such sums as are determined by the court as necessary for the minor's needs and to defray the costs of placement.

(6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the probation counselor shall regularly report to the court if the minor is regularly truant.

NEW SECTION. Sec. 35. If the order of disposition releases the minor to the custody of his or her parents, guardian, or legal custodian, or continues the minor in such custody, the court may place the person having custody of the minor, except for representatives of private or public agencies or governmental departments, under supervision of the probation office. Rules or orders of court shall define the terms and conditions of protective supervision, which may be modified or terminated when the court finds that the best interests of the minor and the public will be served thereby.

NEW SECTION. Sec. 36. (1) The court may make an order of protection in assistance of or as a condition of any other order authorized by this chapter. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by any person who is before the court on the original or supplemental petition. An order may require any such person:

(a) To stay away from the home or the minor;

(b) To permit a parent to visit the minor at stated periods;

(c) To abstain from offensive conduct against the minor, the minor's parent or any person to whom custody of the minor is awarded;

(d) To give proper attention to the care of the home;

(e) To cooperate in good faith with an agency to which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;

(f) To refrain from acts of commission or omission that tend to make the home not a proper place for the minor.

(2) After notice and opportunity for hearing afforded to a person subject to an order of protection, the order may be modified or extended for a further specified period or both or may be terminated if the court finds that the best interests of the minor and the public will be served thereby.

NEW SECTION. Sec. 37. (1) Orders of protective supervision and orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation and, where protection of the welfare of the minor requires, by the issuance of a warrant to take the alleged violator into custody and bring the violator before the court.

(2) In any case where an order of protection has been entered, the clerk of the court may issue to the petitioner, to the minor, or to any other person affected by the order a certificate stating that an order of protection has been made by the court concerning such persons and setting forth its terms and requirements. The presentation of the certificate to any law enforcement officer authorizes the law enforcement officer to take into custody a person charged with violating the terms of the order of protection, to bring such person before the court and, within the limits of the law enforcement officer's legal authority as such law enforcement officer, otherwise to aid in securing the protection the order is intended to afford.

NEW SECTION. Sec. 38. (1) If the court finds that the parents, guardian, or legal custodian of a minor adjudged a high-risk youth are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train, or discipline the minor or are unwilling to do so, and that appropriate services aimed at family preservation and family reunification have been unsuccessful in rectifying the conditions which have led to such a finding of unfitness or inability to care for, protect, train, or discipline the minor, and that it is in the best interest of the minor to take the minor from the custody of the minor's parents, guardian, or custodian, the court may:

(a) Place him or her in the custody of a suitable relative or other person;

(b) Place him or her in a foster home, group home, or other placement facility approved by the court;

(2) When making such placement, the court, wherever possible, shall select a person holding the same religious belief as that of the minor or a private agency controlled by persons of like religious faith of the minor. In addition, whenever alternative plans for placement are available, the court shall ascertain and consider, to the extent appropriate in the particular case, the views and preferences of the minor.

(3) Whenever any minor is placed in a facility which falls under the definition of staff-secure facility pursuant to section 12 of this act, a review hearing shall be held every ninety days to allow the court to assess the minor's progress in the facility.

(4) No placement by any probation counselor may be made in any out-of-state child care facility unless it complies with the interstate compact on the placement of children.

(5) The clerk of the court shall issue to such legal custodian or guardian of the person a certified copy of the order of the court, as proof of authority. No other process is necessary as authority for the keeping of the minor.

(6) Custody or guardianship granted hereunder continues until the court otherwise directs, but not after the minor reaches the age of eighteen years.

NEW SECTION. Sec. 39. (1) All proceedings under this chapter in respect to any minor automatically terminate upon the minor attaining the age of eighteen years.

(2) Whenever the court finds that the best interests of the minor and the public no longer require the wardship of the court, the court shall order the wardship terminated and all proceedings under this chapter respecting that minor finally closed and discharged.

(3) The wardship of the minor and any custodianship or guardianship respecting the minor under this chapter automatically terminates when the minor attains the age of eighteen years. The clerk of the court shall at the time record all proceedings under this chapter as finally closed and discharged for that reason.

NEW SECTION. Sec. 40. Sections 14 through 17 and 20 through 39 of this act are each added to chapter 13.32A RCW.

NEW SECTION. Sec. 41. The following acts or parts of acts are each repealed:

(1) Section 24, chapter 155, Laws of 1979, section 8, chapter 298, Laws of 1981 and RCW 13.32A.100;

(2) Section 26, chapter 155, Laws of 1979 and RCW 13.32A.120;

(3) Section 28, chapter 155, Laws of 1979, section 10, chapter 298, Laws of 1981 and RCW 13.32A.140;

(4) Section 29, chapter 155, Laws of 1979, section 11, chapter 298, Laws of 1981 and RCW 13.32A.150;

(5) Section 30, chapter 155, Laws of 1979 and RCW 13.32A.160;

(6) Section 31, chapter 155, Laws of 1979, section 12, chapter 298, Laws of 1981, section 1, chapter 188, Laws of 1984, section 10, chapter 257, Laws of 1985, section 1, chapter 524, Laws of 1987 and RCW 13.32A.170;

(7) Section 15, chapter 298, Laws of 1981, section 13, chapter 435, Laws of 1987 and RCW 13.32A.175;

(8) Section 32, chapter 155, Laws of 1979 and RCW 13.32A.180;

(9) Section 33, chapter 155, Laws of 1979, section 13, chapter 298, Laws of 1981, section 2, chapter 188, Laws of 1984 and RCW 13.32A.190;

(10) Section 20, chapter 155, Laws of 1979, section 3, chapter 298, Laws of 1981, section 8, chapter 257, Laws of 1985 and RCW 13.32A.060;

(11) Section 21, chapter 155, Laws of 1979, section 5, chapter 298, Laws of 1981, section 2, chapter 288, Laws of 1986 and RCW 13.32A.070;

(12) Section 23, chapter 155, Laws of 1979, section 7, chapter 298, Laws of 1981 and RCW 13.32A.090; and

(13) Section 27, chapter 155, Laws of 1979, section 9, chapter 298, Laws of 1981, section 9, chapter 257, Laws of 1985 and RCW 13.32A.130.

NEW SECTION. Sec. 42. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of social and health services for the purposes of this act.

NEW SECTION. Sec. 43. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.