S-4162               _______________________________________________

                                                   SENATE BILL NO. 6563

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Vognild, Smith, Bailey and Stratton

Read first time 1/17/90 and referred to Committee on  Children & Family Services.

AN ACT Relating to families in conflict; and amending RCW 13.32A.050 and 13.32A.060.

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

        Sec. 1.  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; or

(5) If a law enforcement agency has been notified by the parent of the child that the family is in conflict, and the child has engaged in behavior that constitutes a threat to the physical, emotional, or mental well-being of the parent.

           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))) 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.

        Sec. 2.  Section 20, chapter 155, Laws of 1979 as last amended by section 8, chapter 257, Laws of 1985 and RCW 13.32A.060 are each amended to read as follows:

          (1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) 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 designated crisis residential center 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 RCW 13.32A.050 (3) ((or)), (4), or (5) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW.  However, an officer taking a child into custody under RCW 13.32A.050(4) or (5) may place the child in a juvenile detention facility as provided in RCW 13.32A.065.  The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.