1417-S2 AMH CARR H2490.1

2SHB 1417 - H AMD 251 ADOPTED 3/10/95

By Representative Carrell and Wolfe

    On page 8, after line 23, insert the following:

    "Sec. 12.  RCW 13.32A.196 and 1991 c 364 s 14 are each amended to read as follows:

    (1) At the dispositional hearing regarding an adjudicated at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department.  The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

    (2) The court may set conditions of supervision for the child that include:

    (a) Regular school attendance;

    (b) Counseling;

    (c) Participation in a substance abuse treatment program;

    (d) If ordered under subsection (3) of this section, placement in a secure facility or other secure program of treatment;

(e) Reporting on a regular basis to the department or any other designated person or agency; and

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

    (3) If requested by a parent of an at-risk youth who is a habitual runaway, the court may include in its dispositional order or orders a requirement that the youth be placed, for up to one hundred eighty consecutive days, in a secure facility or other court-ordered secure program of treatment.  The court may not include this requirement unless, at the disposition hearing, it finds that the placement is necessary in order to protect the at-risk youth and that a less-restrictive order or orders not requiring such placement would be inadequate to protect the youth, given the youth's age, maturity, propensity to run away from home, past exposure to serious risk when the youth ran away from home, and possible future exposure to serious risk should the youth run away from home again.  For purposes of this section, an at-risk youth is a "habitual runaway" if the youth, on each of three or more occasions within the twelve-month period preceding the month in which the at-risk youth petition was filed, has been absent from home for more than seventy-two consecutive hours without parental consent; or if the youth during such twelve-month period has been absent from home without parental consent for more than thirty consecutive days.  This subsection constitutes a method of placement or commitment that is in addition to methods prescribed under other laws and is not intended as the exclusive method for placement or commitment of children who qualify as at-risk youth.

(4) Except as provided in this section for habitual runaways, no dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

    (((4))) (5) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation.  The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan.  The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.  The parent may request dismissal of an at-risk youth proceeding at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless a contempt action is pending in the case.  The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

    (((5))) (6) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.

    Sec. 13.  RCW 13.32A.198 and 1990 c 276 s 15 are each amended to read as follows:

    (1) Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter on the calendar for review ((within three months)), advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing.  The review hearing shall commence within ninety consecutive days after the date in which the dispositional order or orders are entered.  However, if the order or orders provide for the placement of a habitual runaway in a secure facility or secure program of treatment, then the review hearing shall commence within thirty consecutive days after such date.

    (2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child.  The court shall determine whether the parent and child are complying with the dispositional plan.  If court supervision is continued, the court may modify the dispositional plan.  However, in the case of a habitual runaway placed in a secure facility or secure program of treatment, the court may continue the placement for an additional period only if requested by the parent and if the court finds that its findings under RCW 13.32A.196 are still accurate.

    (3) Except for the placement of a habitual runaway in a secure facility or secure program of treatment, court supervision of the child may not be continued past one hundred eighty consecutive days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision.  Any extension granted pursuant to this subsection shall not exceed ninety days.  The court may not require the placement of a habitual runaway for longer than a period of one hundred eighty consecutive days and may not provide for any extension of the placement beyond such period.

    (4) The court may dismiss an at-risk youth proceeding at any time if the court finds good cause to believe that continuation of court supervision, including the placement of a habitual runaway, would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan.  The court shall dismiss an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW."

    Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title accordingly.

EFFECT:  This amendment would authorize the court to order that an "at-risk youth" be placed for up to six months in a secure facility or in a secure treatment program if the placement is requested by a parent of the youth and if the court finds that the youth is a habitual runaway and that such placement is necessary to protect the youth.  Current law requires the court to appoint counsel to represent a child in "at-risk youth" hearings and provides for continued court review of the dispositional orders and circumstances involving an "at-risk youth."  The amendment would not change this current law, except that it would require more intensive review in cases involving placement of habitual runaways.

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