AN ACT Relating to children in need of special services; amending RCW 13.34.030, 13.34.110, 13.34.120, 13.34.165, 74.13.036, 13.32A.030, 13.32A.090, 13.32A.110, 13.04.030, 13.04.040, 13.04.093, 13.04.240, 13.06.010, 13.06.030, 13.06.040, and 13.06.050; reenacting and amending RCW 74.13.031; adding new sections to chapter 13.34 RCW; and repealing RCW 74.13.032, 74.13.033, 74.13.034, 74.13.035, 13.32A.050, 13.32A.060, 13.32A.065, 13.32A.070, 13.32A.120, 13.32A.130, 13.32A.150, 13.32A.160, 13.32A.170, 13.32A.175, 13.32A.177, 13.32A.180, 13.32A.190, 13.32A.200, and 13.32A.250.

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

Sec. 1. Section 31, chapter 291, Laws of 1977 ex. sess. as last amended by section 901, chapter 176, Laws of 1988 and RCW 13.34.030 are each amended to read as follows:

For purposes of this chapter:

(1) "Child" and "juvenile" means any individual under the age of eighteen years;

(2) "Dependent child" means any child:

(a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has evidenced either by statement or conduct, a settled intent to forego, for an extended period, all parental rights or all parental responsibilities despite an ability to do so;

(b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

(c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; ((or))

(d) Who is in need of special services, as defined in this section; or

(e) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home. However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist;

(3) "Child in need of special services" means any individual who is age seventeen or under, at the time of the filing of a petition, whose conduct places them at high risk of substantial damage to their physical or mental health as a result of a significant history of substance abuse, chemical dependency, suicidal behavior, chronic truancy or runaway, serious family conflict, or homelessness;

(4) "Special services facility" means a staff-secure treatment and evaluation facility operated by or under contract with the department of social and health services, other than a juvenile court detention facility, that provides twenty-four hour supervision and confinement for children in need of special services. The facility shall be operated in a manner to reasonably assure that youth placed there will not run away. The facility administrator shall notify a parent and the appropriate law enforcement agency within four hours of all unauthorized leaves.

NEW SECTION. Sec. 2. The department of social and health services shall develop and implement a plan for each county which includes a special services facility for children in need of special services. The facility should provide a continuum of early intervention services, including comprehensive evaluation and treatment services and multidisciplinary mediation teams. The facility should also provide protection and treatment to children in crisis and should exhibit a clear preference for the least-restrictive alternatives. In providing these facilities or services, the department may contract with or make grants to public agencies. The department shall report annually to the legislature on the plan, the progress achieved, and any current needs.

NEW SECTION. Sec. 3. (1) A petition alleging a child to be in need of special services shall be filed with the superior court in the county where the minor is residing or being detained.

(2) A petition alleging a child to be in need of special services shall be signed by:

(a) A professional person in charge of a special services facility;

(b) A prosecuting attorney;

(d) The minor's parent or guardian; or

(e) The minor.

(3) The petition shall contain the following:

(i) The name and address of the petitioner;

(ii) The name of the minor alleged to meet the criteria for a child in need of special services;

(iii) The name, telephone number, and address if known of every person believed by the petitioner to be legally responsible for the minor;

(iv) A statement that the petitioner believes the minor's condition meets required criteria for a child in need of special services and the supporting facts;

(v) A statement that the minor has been given or offered less-restrictive treatment, but has refused or is not amenable to such treatment;

(vi) A statement recommending the appropriate facility or facilities to provide the necessary treatment; and

(vii) A statement concerning whether a less-restrictive alternative to a special services facility is in the best interests of the minor.

(4) A copy of the petition shall be personally delivered to the minor by the petitioner or petitioner's designee. A copy of the petition shall be sent to the minor's attorney and the minor's parent.

(5) The department shall, when requested, assist either a child or parent in the filing of the petition.

NEW SECTION. Sec. 4. (1) When a proper petition is filed under section 3 of this act the court shall:

(a) Set a date for a hearing on the petition to occur within seventy-two hours, excluding Saturdays, Sundays, and holidays, and notify the parent and child of such date;

(b) Notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court;

(d) Inform the child and his or her parent of the legal consequences of the court approving or disapproving the petition alleging the child to be in need of special services; and

(e) Notify all parties of their right to present evidence at the hearing.

(2) Upon filing of the petition alleging a child to be in need of special services, the child may be placed, if not already placed, in a special services facility. The child shall remain there pending resolution of the petition by the court. The placement may be reviewed by the court within five court days upon the request of the minor or the minor's parent.

NEW SECTION. Sec. 5. (1) A hearing shall be held within seventy-two hours of the filing of a petition, excluding Saturdays, Sundays, and holidays, unless a continuance is requested by the minor or the minor's attorney.

(2) At the hearing, the evidence in support of the petition shall be presented by the county prosecutor.

(3) The minor shall be present at the hearing unless the minor, with the assistance of the minor's attorney, waives the right to be present at the hearing.

(4) If the parents are opposed to the petition, they may be represented at the hearing and shall be entitled to court-appointed counsel if they are indigent.

(5) At the hearing, the minor shall have the following rights:

(a) To be represented by an attorney;

(b) To present evidence on his or her own behalf;

(6) If the minor has received medication within twenty-four hours of the hearing, the court shall be informed of that fact and of the probable effects of the medication.

(7) Rules of evidence shall apply in the hearings.

(8) The court must find by clear, cogent, and convincing evidence that:

(a) The minor is a child in need of special services as defined in RCW 13.32A.030;

(b) The minor is in need of evaluation and treatment of the type provided by the special services facility and there is no viable less-restrictive alternative or the minor refuses or is not amenable to such treatment;

(c) It is highly probable that failure of the child to participate in or successfully complete the required treatment program would constitute a clear and present danger to the minor's own physical and/or emotional welfare;

(d) The minor has not been involuntarily confined to a special services facility pursuant to this chapter for more than forty-five days in the last twelve months; and

(e) The proposed treatment is in the best interests of the minor.

(9) If the court finds that the minor meets the criteria for a child in need of special services, the court shall authorize confinement of the minor for treatment in a special services facility. If the court determines that the minor does not meet the criteria for a forty-five day confinement, the minor shall be placed in accordance with the provisions of this chapter.

(10) Nothing in this section prohibits the professional person in charge of the special services facility from releasing the minor at any time, when in his or her opinion, further treatment in a special services facility is no longer necessary. The release may be to the parent's residence, or such other appropriate placement, and subject to reasonable aftercare treatment and conditions.

(11) A minor who has been involuntarily confined for forty-five days during a twelve-month period shall be released at the end of that period. The release shall be to a professional aftercare program as recommended by a mental health professional defined by RCW 71.05.020, unless the court order states otherwise.

(12) Whenever a minor is released under this section, the professional person in charge shall provide written notice to the court and parent or guardian, within three days.

NEW SECTION. Sec. 6. (1) A child in need of special services admitted to a special services facility shall reside in that placement under the rules established for the facility, for a period not to exceed seventy-two hours, excluding Saturdays, Sundays, and holidays, except as otherwise provided by this chapter.

(2) The person in charge shall inform the parent and child of:

(a) The continuum of services provided by the facility including, but not limited to, early intervention services, such as multidisciplinary family reconciliation, and voluntary mediation services;

(b) The comprehensive evaluation, treatment, and counseling services provided;

(d) The preference of the facility to utilize the least-restrictive alternative available; and

(e) The parent and child's rights provided in this chapter. At no time shall information regarding a parent's or child's rights be withheld.

(3) The department shall develop and distribute to each special services administrator a written statement explaining all services and rights. The administrator of the facility or his or her designee shall provide every admitted child and his or her parent with a copy of such statement.

NEW SECTION. Sec. 7. (1) A minor and his or her parent, guardian, or custodian may agree to a placement in a special services facility 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 a placement in a special services facility 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 child in need of special services.

NEW SECTION. Sec. 8. All hearings under this chapter may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court.

Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

NEW SECTION. Sec. 9. 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;

(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;

(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;

(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 13.34 RCW; or

(5) If the law enforcement officer reasonably believes the child is a child in need of special services.

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 special services facility shall inform the department of such placement within twenty-four hours.

(6) 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. 10. (1) An officer taking a child into custody under section 9 (1) or (2) of this act shall inform the child of the reason for such custody and shall either:

(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or

(b) Take the child to a special services facility, as defined in RCW 13.34.030(4), or the home of a responsible adult:

(i) If the child evinces fear or distress at the prospect of being returned to his or her home; or

(ii) If the officer believes there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or

(iii) If it is not practical to transport the child to his or her home; or

(iv) If there is no parent available to accept custody of the child.

The officer releasing a child into the custody of a responsible adult shall inform the child and the responsible adult of the nature and location of appropriate services available in the community.

(2) An officer taking a child into custody under section 9 (3), (4), or (5) of this act shall inform the child of the reason for custody, and shall take the child to a special services facility. However, an officer taking a child into custody under section 9(4) of this act may place the child in a juvenile detention facility as provided in section 11 of this act. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the special services facility or facilities in their judicial district, where children taken into custody under section 9 of this act may be taken.

NEW SECTION. Sec. 11. (1) A child may be placed in detention after being taken into custody pursuant to section 9(4) of this act. The court shall hold a detention review hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:

(a) A motion and order to show why the child should not be held in contempt has been filed and served on the child at or before the detention hearing; and

(b) The court believes that the child would not appear at a hearing on contempt.

(2) If the court orders the child to remain in detention, the court shall set the matter for a hearing on contempt within seventy-two hours, excluding Saturdays, Sundays, and holidays.

NEW SECTION. Sec. 12. (1) An officer taking a child into custody under section 9 of this act may, at his or her discretion, transport the child to the home of a responsible adult who is other than the child's parent where the officer reasonably believes that the child will be provided with adequate care and supervision and that the child will remain in the custody of such adult until such time as the department can bring about the child's return home or placement in a special services facility can be agreed to or determined pursuant to this chapter. An officer placing a child with a responsible adult other than his or her parent shall immediately notify the department's local community service office of this fact and of the reason for taking the child into custody.

(2) A law enforcement officer acting in good faith pursuant to this chapter in failing to take a child into custody, in taking a child into custody, or in releasing a child to a person other than a parent of such child is immune from civil or criminal liability for such action.

(3) A person other than a parent of such child who receives a child pursuant to this chapter and who acts reasonably and in good faith in doing so is immune from civil or criminal liability for the act of receiving such child. Such immunity does not release such person from liability under any other law including the laws regulating licensed child care and prohibiting child abuse.

NEW SECTION. Sec. 13. (1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the department that such individual or individuals cannot agree to the continuation of a placement arrived at pursuant to RCW 13.32A.090(2)(e), the department shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.

(2) If a child and his or her parent cannot agree to a placement under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve placement in a spacial services facility.

(3) If a child and his or her parent cannot agree to the continuation of a living arrangement arrived at under RCW 13.32A.090(2)(e), either the child or parent may file with the juvenile court a petition to approve placement in a special services facility.

Sec. 14. Section 5, chapter 302, Laws of 1961 as last amended by section 4, chapter 311, Laws of 1983 and RCW 13.34.110 are each amended to read as follows:

The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown. The parties need not appear at the fact-finding or dispositional hearing if all are in agreement; but the court shall receive and review a social study before entering an order based on agreement. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence. Notice of the time and place of the continued hearing may be given in open court. If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

((All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court.

~~Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.~~))

Sec. 15. Section 40, chapter 291, Laws of 1977 ex. sess. as last amended by section 5, chapter 524, Laws of 1987 and RCW 13.34.120 are each amended to read as follows:

(1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file and social study at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.

(2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW 13.34.030(2) (b) ((or)), (c), or (d) shall contain the following information:

(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;

(b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered;

(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; and the parents' attitude toward placement of the child;

(d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;

(e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and

(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

Sec. 16. Section 1, chapter 257, Laws of 1985 and RCW 13.34.165 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 ((~~confinement for up to seven days~~)) a fine of up to one hundred dollars and detention as follows:

(a) Upon the first finding of contempt, the court may order detention for up to seven days;

(b) Upon the second finding of contempt, the court may order detention for up to fourteen days;

(d) Upon the fourth or subsequent findings of contempt, the court may order detention for up to thirty days.

(3) A child found in contempt under this section shall be ((~~confined~~)) 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 under this section is governed by RCW 7.20.040 through 7.20.080.

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

Sec. 17. Section 17, chapter 172, Laws of 1967 as last amended by section 10, chapter 170, Laws of 1987 and by section 69, chapter 505, Laws of 1987 and RCW 74.13.031 are each reenacted and amended to read as follows:

The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

(2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the house and senate committees on social and health services. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the house and senate committees on social and health services.

(6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to ((~~crisis residential centers~~)) special services facilities as defined in RCW 13.34.030(4).

(8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, day care, licensing of child care agencies, and services related thereto. At least one-third of the membership shall be composed of child care providers.

(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

(11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

Notwithstanding any other provision of ((~~RCW 13.32A.170 through 13.32A.200 and~~)) RCW 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No. 93-415; 42 U.S.C. 5634 et seq.; and 42 U.S.C. 5701 note as amended by P.L. 94-273, 94-503, and 95-115).

Sec. 18. Section 82, chapter 155, Laws of 1979 as last amended by section 70, chapter 505, Laws of 1987 and RCW 74.13.036 are each amended to read as follows:

(1) The department of social and health services shall oversee implementation of chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the criminal justice and child care systems as well as with local government, legislative, and executive authorities to effectively carry out these chapters. The department shall work with all such entities to ensure that chapters 13.32A and 13.34 RCW are implemented in a uniform manner throughout the state.

(((2) The department shall, by January 1, 1986, develop a plan and procedures, in cooperation with the state-wide advisory committee, to insure the full implementation of the provisions of chapter 13.32A RCW. Such plan and procedures shall include but are not limited to:

~~(a) Procedures defining and delineating the role of the department and juvenile court with regard to the execution of the alternative residential placement process;~~

~~(b) Procedures for designating department staff responsible for family reconciliation services;~~

~~(c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and 13.32A.250; and~~

(d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.

~~The plan and procedures required under this subsection shall be submitted to the appropriate standing committees of the legislature by January 1, 1986.~~))

(2) There shall be uniform application of the procedures developed by the department and juvenile court personnel, to the extent practicable. Local and regional differences shall be taken into consideration in the development of procedures required under this ((~~subsection~~)) section.

(3) In addition to its other oversight duties, the department shall:

(a) Identify and evaluate resource needs in each region of the state;

(b) Disseminate information collected as part of the oversight process to affected groups and the general public;

(c) Educate affected entities within the juvenile justice and child care systems, local government, and the legislative branch regarding the implementation of chapters 13.32A and 13.34 RCW;

(d) Review complaints concerning the services, policies, and procedures of those entities charged with implementing chapters 13.32A and 13.34 RCW; and

(e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.

(4) The secretary shall develop procedures in accordance with chapter ((~~34.04~~)) 34.05 RCW for addressing violations and misunderstandings concerning the implementation of chapters 13.32A and 13.34 RCW.

(5) The secretary shall submit a quarterly report to the appropriate local government entities.

(6) Where appropriate, the department shall request opinions from the attorney general regarding correct construction of these laws.

Sec. 19. 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) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there 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 administrator 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. 20. Section 23, chapter 155, Laws of 1979 as amended by section 7, chapter 298, Laws of 1981 and RCW 13.32A.090 are each amended to read as follows:

(1) The person in charge of a ((~~designated crisis residential center~~)) special services facility or the department pursuant to ((~~RCW 13.32A.070~~)) section 12 of this act shall perform the duties under subsection (2) of this section:

(a) Upon admitting a child who has been brought to ((~~the center~~)) a special services facility by a law enforcement officer under ((~~RCW 13.32A.060~~)) section 12 of this act;

(b) Upon admitting a child who has run away from home or has requested admittance to ((~~the center~~)) a special services facility;

(c) Upon learning from a person under RCW 13.32A.080((~~(2)~~)) (3) that the person is providing shelter to a child absent from home; or

(d) Upon learning that a child has been placed with a responsible adult pursuant to ((~~RCW 13.32A.070~~)) section 11 of this act.

(2) When any of the circumstances under subsection (1) of this section are present, the person in charge of a ((~~center~~)) special services facility shall perform the following duties:

(a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;

(b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this ((~~chapter~~)) title;

(c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(12) governing child abuse and neglect in this state;

(d) Arrange transportation for the child to the residence of the parent, as soon as practicable, at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses to be assumed by the department, when the child and his or her parent agrees to the child's return home;

(e) Arrange transportation for the child to ((~~an alternative residential placement which may include~~)) a special services facility, licensed group care facility, or foster family when agreed to by the child and parent at the latter's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the department.

Sec. 21. Section 25, chapter 155, Laws of 1979 and RCW 13.32A.110 are each amended to read as follows:

If a child who has a legal residence outside the state of Washington is admitted to a ((~~crisis residential center~~)) special services facility or is placed by a law enforcement officer with a responsible person other than the child's parent, and the child refuses to return home, the provisions of RCW 13.24.010 shall apply.

Sec. 22. 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 children alleged or found to be children in need of special services 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. 23. 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 3 of this act;

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

(3) 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) Prepare predisposition studies as required in RCW 13.34.120 and 13.40.130, 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) 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 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. 24. 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 children in need of special services proceedings under chapter 13.34 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. 25. 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)), an offender, a dependent, or a child in need of special services under the provisions of this ((~~chapter~~)) title shall in no case be deemed a conviction of crime.

Sec. 26. 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 children in need of special services 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 children in need of special services through consolidation of service delivery systems.

Sec. 27. 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 children in need of special services 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 groups and children in need of special services. 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 children in need of special services, 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. 28. 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 children in need of special services in accordance with standards of the department.

Sec. 29. 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, children in need of special service 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.

(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.

NEW SECTION. Sec. 30. Sections 2 through 13 of this act are each added to chapter 13.34 RCW.

NEW SECTION. Sec. 31. The following acts or parts of acts are each repealed:

(1) Section 78, chapter 155, Laws of 1979 and RCW 74.13.032;

(2) Section 79, chapter 155, Laws of 1979 and RCW 74.13.033;

(3) Section 80, chapter 155, Laws of 1979, section 21, chapter 165, Laws of 1979 ex. sess., section 17, chapter 298, Laws of 1981 and RCW 74.13.034;

(4) Section 81, chapter 155, Laws of 1979 and RCW 74.13.035;

(5) Section 19, chapter 155, Laws of 1979, section 2, chapter 298, Laws of 1981, section 7, chapter 257, Laws of 1985, section 1, chapter 288, Laws of 1986 and RCW 13.32A.050;

(6) 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;

(7) Section 4, chapter 298, Laws of 1981 and RCW 13.32A.065;

(8) 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;

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

(10) 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;

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

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

(13) 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;

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

(15) Section 14, chapter 275, Laws of 1988 and RCW 13.32A.177;

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

(17) 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;

(18) Section 34, chapter 155, Laws of 1979 and RCW 13.32A.200; and

(19) Section 14, chapter 298, Laws of 1981 and RCW 13.32A.250.

NEW SECTION. Sec. 32. 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.