AN
ACT Relating to children; amending RCW 13.32A.060, 13.32A.065, 13.32A.130,
13.32A.250, 28A.225.090, 74.13.033, 74.13.034, 13.32A.060, 13.32A.065,
13.32A.130, 13.32A.250, 28A.225.090, 74.13.033, 74.13.034, 13.50.100,
26.44.020, and 74.15.030; adding new sections to chapter 13.32A RCW; providing
an effective date; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.32A.060 and 1997 c 146 s 3 are each amended to read as follows:
(1)
An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall
inform the child of the reason for such custody and shall:
(a)
Transport the child to his or her home or to a parent at his or her place of
employment, if no parent is at home. The parent may request that the officer
take the child to the home of an adult extended family member, responsible
adult, crisis residential center, the department, or a licensed youth shelter.
In responding to the request of the parent, the officer shall take the child to
a requested place which, in the officer's belief, is within a reasonable
distance of the parent's home. The officer releasing a child into the custody
of a parent, an adult extended family member, responsible adult, or a licensed
youth shelter shall inform the person receiving the child of the reason for
taking the child into custody and inform all parties of the nature and location
of appropriate services available in the community; or
(b)
After attempting to notify the parent, take the child to a designated crisis
residential center's secure facility or a center's semi-secure facility if a
secure facility is full, not available, or not located within a reasonable
distance:
(i)
If the child expresses fear or distress at the prospect of being returned to
his or her home which leads the officer to believe there is a possibility that
the child is experiencing some type of child abuse or neglect, as defined in RCW
26.44.020;
(ii)
If it is not practical to transport the child to his or her home or place of
the parent's employment; or
(iii)
If there is no parent available to accept custody of the child; or
(c)
After attempting to notify the parent, if a crisis residential center is full,
not available, or not located within a reasonable distance, the officer may
request the department to accept custody of the child. If the department
determines that an appropriate placement is currently available, the department
shall accept custody and place the child in an out-of-home placement. Upon
accepting custody of a child from the officer, the department may place the
child in an out-of-home placement for up to seventy-two hours, excluding
Saturdays, Sundays, and holidays, without filing a child in need of services
petition under this chapter, obtaining parental consent, or obtaining an order
for placement under chapter 13.34 RCW. Upon transferring a child to the
department's custody, the officer shall provide written documentation of the
reasons and the statutory basis for taking the child into custody. If the
department declines to accept custody of the child, the officer may release the
child after attempting to take the child to the following, in the order listed:
The home of an adult extended family member; a responsible adult; a licensed
youth shelter and shall immediately notify the department if no placement
option is available and the child is released.
(2)
An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall
inform the child of the reason for custody. An officer taking a child into
custody under RCW 13.32A.050(1)(c) may release the child to the supervising
agency, or shall take the child to a designated crisis residential center's secure
facility. If the secure facility is not available, not located within a
reasonable distance, or full, the officer shall take the child to a semi-secure
crisis residential center. An officer taking a child into custody under RCW
13.32A.050(1)(d) may place the child in a juvenile detention facility as
provided in RCW 13.32A.065 or a secure facility, except that the child shall be
taken to either (a) a secure facility that is a separate, secure section of
a juvenile detention facility; or (b) detention whenever the officer has
been notified that a juvenile court has entered ((a detention)) an
order directing such placement under this chapter or chapter 13.34 RCW.
In no case may a child in contempt be confined in a secure facility that is
free-standing outside a juvenile detention facility.
(3)
Whenever an officer transfers custody of a child to a crisis residential center
or the department, the child may reside in the crisis residential center or may
be placed by the department in an out-of-home placement for an aggregate total
period of time not to exceed seventy-two hours excluding Saturdays, Sundays,
and holidays, except that a child placed in a secure facility under a court
order entered under RCW 13.32A.250 must remain in the secure facility as provided
in RCW 13.32A.065. Thereafter, the child may continue in out-of-home
placement only if the parents have consented, a child in need of services
petition has been filed under this chapter, or an order for placement has been
entered under chapter 13.34 RCW.
(4)
The department shall ensure that all law enforcement authorities are informed
on a regular basis as to the location of all designated secure and semi-secure
facilities within centers in their jurisdiction, where children taken into
custody under RCW 13.32A.050 may be taken.
Sec.
2. RCW
13.32A.065 and 1996 c 133 s 12 are each amended to read as follows:
(1)
A child may be placed in either (a) a secure facility that is a separate,
secure section of a juvenile detention facility; or (b) detention after
being taken into custody pursuant to RCW 13.32A.050(1)(d). In no case may a
child in contempt be confined in a secure facility that is free-standing
outside a juvenile detention facility. 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)) finds that
the conditions in subsection (1)(a) and (b) of this section have been met,
the court may order the child to remain confined either in (a) a secure
facility that is a separate, secure section of a juvenile detention facility;
or (b) detention, and shall set the matter for a hearing on contempt within
seventy-two hours, excluding Saturdays, Sundays, and holidays. In no case
may a child in contempt be confined in a secure facility that is free-standing
outside a juvenile detention facility.
Sec.
3. RCW
13.32A.130 and 1997 c 146 s 4 are each amended to read as follows:
(1)
A child admitted to a secure facility within a crisis residential center shall
remain in the facility for not more than five consecutive days, but for at
least twenty-four hours after admission. If the child admitted under this
section is transferred between centers or between secure and semi-secure
facilities, the aggregate length of time spent in all such centers or
facilities may not exceed five consecutive days.
(2)(a)(i)
The facility administrator shall determine within twenty-four hours after a
child's admission to a secure facility whether the child is likely to remain in
a semi-secure facility and may transfer the child to a semi-secure facility or
release the child to the department. The determination shall be based on: (A)
The need for continued assessment, protection, and treatment of the child in a
secure facility; and (B) the likelihood the child would remain at a semi-secure
facility until his or her parents can take the child home or a petition can be
filed under this title.
(ii)
In making the determination the administrator shall consider the following
information if known: (A) The child's age and maturity; (B) the child's
condition upon arrival at the center; (C) the circumstances that led to the
child's being taken to the center; (D) whether the child's behavior endangers
the health, safety, or welfare of the child or any other person; (E) the
child's history of running away which has endangered the health, safety, and
welfare of the child; and (F) the child's willingness to cooperate in the
assessment.
(b)
If the administrator of a secure facility determines the child is unlikely to
remain in a semi-secure facility, the administrator shall keep the child in the
secure facility pursuant to this chapter and in order to provide for space for
the child may transfer another child who has been in the facility for at least
seventy-two hours to a semi-secure facility. The administrator shall only make
a transfer of a child after determining that the child who may be transferred
is likely to remain at the semi-secure facility.
(c)
A crisis residential center administrator is authorized to transfer a child to
a crisis residential center in the area where the child's parents reside or
where the child's lawfully prescribed residence is located.
(d)
An administrator may transfer a child from a semi-secure facility to a secure
facility whenever he or she reasonably believes that the child is likely to
leave the semi-secure facility and not return and after full consideration of
all factors in (a)(i) and (ii) of this subsection.
(3)
If no parent is available or willing to remove the child during the first
seventy-two hours following admission, the department shall consider the filing
of a petition under RCW 13.32A.140.
(4)
Notwithstanding the provisions of subsection (1) of this section, the parents
may remove the child at any time during the five-day period unless the staff of
the crisis residential center has reasonable cause to believe that the child is
absent from the home because he or she is abused or neglected or if allegations
of abuse or neglect have been made against the parents. The department or any
agency legally charged with the supervision of a child may remove a child from
a crisis residential center at any time after the first twenty-four-hour period
after admission has elapsed and only after full consideration by all parties of
the factors in subsection (2)(a) of this section.
(5)
Crisis residential center staff shall make reasonable efforts to protect the
child and achieve a reconciliation of the family. If a reconciliation and
voluntary return of the child has not been achieved within forty-eight hours
from the time of intake, and if the administrator of the center does not
consider it likely that reconciliation will be achieved within the five-day
period, then the administrator shall inform the parent and child of: (a) The
availability of counseling services; (b) the right to file a child in need of
services petition for an out-of-home placement, the right of a parent to file
an at-risk youth petition, and the right of the parent and child to obtain
assistance in filing the petition; (c) the right to request the facility
administrator or his or her designee to form a multidisciplinary team; (d) the
right to request a review of any out-of-home placement; (e) the right to
request a mental health or chemical dependency evaluation by a county-designated
professional or a private treatment facility; and (f) the right to request
treatment in a program to address the child's at-risk behavior under RCW
13.32A.197.
(6)
At no time shall information regarding a parent's or child's rights be withheld.
The department shall develop and distribute to all law enforcement agencies and
to each crisis residential center administrator a written statement delineating
the services and rights. Every officer taking a child into custody shall
provide the child and his or her parent(s) or responsible adult with whom the
child is placed with a copy of the statement. In addition, the administrator
of the facility or his or her designee shall provide every resident and parent
with a copy of the statement.
(7)
A crisis residential center and its administrator or his or her designee acting
in good faith in carrying out the provisions of this section are immune from
criminal or civil liability for such actions.
(8)
This section does not apply to children admitted to a secure facility that is a
separate, secure section of a juvenile detention facility under a court order
issued under RCW 13.32A.250(3) or 28A.225.090(2). In no case may a child in
contempt be confined in a secure facility that is free-standing outside a
juvenile detention facility.
Sec.
4. RCW
13.32A.250 and 1998 c 296 s 37 are each amended to read as follows:
(1)
In all child in need of services proceedings and at-risk youth proceedings, the
court shall verbally notify the parents and the child of the possibility of a
finding of contempt for failure to comply with the terms of a court order
entered pursuant to this chapter. Except as otherwise provided in this
section, the court shall treat the parents and the child equally for the
purposes of applying contempt of court processes and penalties under this
section.
(2)
Failure by a party to comply with an order entered under this chapter is a
civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the
limitations of subsection (3) of this section.
(3)
The court may impose remedial sanctions including a fine of up to one hundred
dollars and confinement for up to seven days, or both for contempt of court
under this section.
(4)
A child placed in confinement for contempt under this section shall be placed
in confinement ((only)) either in a secure juvenile detention
facility operated by or pursuant to a contract with a county or a secure
facility that is a separate, secure section of a juvenile detention facility.
In no case may a child in contempt be confined in a secure facility that is
free-standing outside a juvenile detention facility.
(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.
(6)
Whenever the court finds probable cause to believe, based upon consideration of
a motion for contempt and the information set forth in a supporting declaration,
that a child has violated a placement order entered under this chapter, the
court may issue an order directing law enforcement to pick up and take the
child to detention or to a secure facility. The order may be entered ex
parte without prior notice to the child or other parties. Following the
child's admission to detention or to the secure facility, a ((detention))
review hearing must be held in accordance with RCW 13.32A.065.
NEW
SECTION. Sec. 5. A
new section is added to chapter 13.32A RCW to read as follows:
No
placement of a juvenile in a secure facility under RCW 13.32A.060, 13.32A.065,
13.32A.130, 13.32A.250, 28A.225.090, 74.13.033, or 74.13.034 as a result of an
order entered under RCW 13.32A.250 or 28A.225.090(2) may displace, or prevent
the placement of, a juvenile in a secure facility under RCW 13.32A.050,
13.32A.060, or 13.32A.130. If a secure facility is located in a separate,
secure section of a juvenile detention facility, no more than fifty percent of
its capacity may be occupied by juveniles placed under RCW 13.32A.250 or
28A.225.090(2). If any capacity of a secure facility located in a juvenile
detention facility is taken by a juvenile placed under RCW 13.32A.250 or
28A.225.090 and a juvenile is brought to the secure facility under RCW
13.32A.050, 13.32A.060, or 13.32A.130, that juvenile must be placed in the
secure facility and a juvenile placed under RCW 13.32A.250 or 28A.225.090 be
moved immediately to the juvenile detention facility.
Sec.
6. RCW
28A.225.090 and 1999 c 319 s 4 are each amended to read as follows:
(1)
A court may order a child subject to a petition under RCW 28A.225.035 to:
(a)
Attend the child's current school;
(b)
If there is space available and the program can provide educational services
appropriate for the child, order the child to attend another public school, an
alternative education program, center, a skill center, dropout prevention
program, or another public educational program;
(c)
Attend a private nonsectarian school or program including an education center.
Before ordering a child to attend an approved or certified private nonsectarian
school or program, the court shall: (i) Consider the public and private
programs available; (ii) find that placement is in the best interest of the
child; and (iii) find that the private school or program is willing to accept
the child and will not charge any fees in addition to those established by
contract with the student's school district. If the court orders the child to
enroll in a private school or program, the child's school district shall
contract with the school or program to provide educational services for the
child. The school district shall not be required to contract for a weekly rate
that exceeds the state general apportionment dollars calculated on a weekly
basis generated by the child and received by the district. A school district
shall not be required to enter into a contract that is longer than the
remainder of the school year. A school district shall not be required to enter
into or continue a contract if the child is no longer enrolled in the district;
(d)
Be referred to a community truancy board, if available; or
(e)
Submit to testing for the use of controlled substances or alcohol based on a
determination that such testing is appropriate to the circumstances and
behavior of the child and will facilitate the child's compliance with the
mandatory attendance law.
(2)
If the child fails to comply with the court order, the court may order the
child to be ((subject to detention, as provided in RCW 7.21.030(2)(e))) placed
in confinement for contempt, either in a juvenile detention facility operated
by or under a contract with a county or in a secure facility that is a
separate, secure section of a juvenile detention facility, or may impose
alternatives to ((detention)) confinement such as community
service. Failure by a child to comply with an order issued under this
subsection shall not be subject to detention for a period greater than that
permitted pursuant to a civil contempt proceeding against a child under chapter
13.32A RCW. In no case may a child in contempt be confined in a secure
facility that is free-standing outside a juvenile detention facility.
(3)
Any parent violating any of the provisions of either RCW 28A.225.010,
28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars
for each day of unexcused absence from school. It shall be a defense for a
parent charged with violating RCW 28A.225.010 to show that he or she exercised
reasonable diligence in attempting to cause a child in his or her custody to
attend school or that the child's school did not perform its duties as required
in RCW 28A.225.020. The court may order the parent to provide community
service instead of imposing a fine. Any fine imposed pursuant to this section
may be suspended upon the condition that a parent charged with violating RCW
28A.225.010 shall participate with the school and the child in a supervised
plan for the child's attendance at school or upon condition that the parent
attend a conference or conferences scheduled by a school for the purpose of
analyzing the causes of a child's absence.
(4)
If a child continues to be truant after entering into a court-approved order
with the truancy board under RCW 28A.225.035, the juvenile court shall find the
child in contempt, and the court may order the child to be subject to
detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to
detention such as meaningful community service. Failure by a child to comply
with an order issued under this subsection may not subject a child to detention
for a period greater than that permitted under a civil contempt proceeding
against a child under chapter 13.32A RCW.
(5)
Subsections (1), (2), and (4) of this section shall not apply to a six or seven
year-old child required to attend public school under RCW 28A.225.015.
Sec.
7. RCW
74.13.033 and 1995 c 312 s 62 are each amended to read as follows:
(1)
If a resident of a center becomes by his or her behavior disruptive to the
facility's program, such resident may be immediately removed to a separate area
within the facility and counseled on an individual basis until such time as the
child regains his or her composure. The department may set rules and
regulations establishing additional procedures for dealing with severely
disruptive children on the premises. A child confined in a secure facility
that is a separate, secure section of a juvenile detention facility under RCW
13.32A.250(3) or 28A.225.090(2) may be moved to an available bed in a juvenile
detention facility. In no case may a child in contempt be confined in a secure
facility that is free-standing outside a juvenile detention facility.
(2)
When the juvenile resides in this facility, all services deemed necessary to
the juvenile's reentry to normal family life shall be made available to the
juvenile as required by chapter 13.32A RCW. In assessing the child and
providing these services, the facility staff shall:
(a)
Interview the juvenile as soon as possible;
(b)
Contact the juvenile's parents and arrange for a counseling interview with the
juvenile and his or her parents as soon as possible;
(c)
Conduct counseling interviews with the juvenile and his or her parents, to the
end that resolution of the child/parent conflict is attained and the child is
returned home as soon as possible;
(d)
Provide additional crisis counseling as needed, to the end that placement of
the child in the crisis residential center will be required for the shortest
time possible, but not to exceed five consecutive days or, in the case of a
child admitted by court order issued under RCW 13.32A.250(3) or 28A.225.090(2),
seven consecutive days; and
(e)
Convene, when appropriate, a multidisciplinary team.
(3)
Based on the assessments done under subsection (2) of this section the facility
staff may refer any child who, as the result of a mental or emotional disorder,
or intoxication by alcohol or other drugs, is suicidal, seriously assaultive,
or seriously destructive toward others, or otherwise similarly evidences an
immediate need for emergency medical evaluation and possible care, for
evaluation pursuant to chapter 71.34 RCW, to a mental health professional
pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant
to chapter 70.96A RCW whenever such action is deemed appropriate and consistent
with law.
(4)
A juvenile taking unauthorized leave from a facility shall be apprehended and
returned to it by law enforcement officers or other persons designated as
having this authority as provided in RCW 13.32A.050. If returned to the
facility after having taken unauthorized leave for a period of more than
twenty-four hours a juvenile shall be supervised by such a facility for a
period, pursuant to this chapter, which, unless where otherwise provided, may
not exceed five consecutive days on the premises. Costs of housing juveniles
admitted to crisis residential centers shall be assumed by the department for a
period not to exceed five consecutive days.
Sec.
8. RCW
74.13.034 and 1995 c 312 s 63 are each amended to read as follows:
(1)
A child taken into custody and taken to a crisis residential center established
pursuant to RCW 74.13.032 may, if the center is unable to provide appropriate
treatment, supervision, and structure to the child, be taken at department
expense to another crisis residential center, the nearest regional secure
crisis residential center, or a secure facility with which it is collocated
under RCW 74.13.032. Placement in both locations shall not exceed five
consecutive days from the point of intake as provided in RCW 13.32A.130 or,
in the case of a child admitted by court order issued under RCW 13.32A.250(3)
or 28A.225.090(2), seven consecutive days.
(2)
A child taken into custody and taken to a crisis residential center established
by this chapter may be placed physically by the department or the department's
designee and, at departmental expense and approval, in a secure juvenile
detention facility operated by the county in which the center is located for a
maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if
the child has taken unauthorized leave from the center and the person in charge
of the center determines that the center cannot provide supervision and
structure adequate to ensure that the child will not again take unauthorized leave.
Juveniles placed in such a facility pursuant to this section may not, to the
extent possible, come in contact with alleged or convicted juvenile or adult
offenders.
(3)
Any child placed in secure detention pursuant to this section shall, during the
period of confinement, be provided with appropriate treatment by the department
or the department's designee, which shall include the services defined in RCW
74.13.033(2). If the child placed in secure detention is not returned home or
if an alternative living arrangement agreeable to the parent and the child is
not made within twenty-four hours after the child's admission, the child shall
be taken at the department's expense to a crisis residential center. Placement
in the crisis residential center or centers plus placement in juvenile
detention shall not exceed five consecutive days from the point of intake as
provided in RCW 13.32A.130 or, in the case of a child admitted by court
order issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days.
(4)
Juvenile detention facilities used pursuant to this section shall first be
certified by the department to ensure that juveniles placed in the facility
pursuant to this section are provided with living conditions suitable to the
well-being of the child. Where space is available, juvenile courts, when
certified by the department to do so, shall provide secure placement for
juveniles pursuant to this section, at department expense.
NEW
SECTION. Sec. 9. A
new section is added to chapter 13.32A RCW to read as follows:
The
department has no responsibility to attend hearings, provide transportation,
case management, or any other services to youth confined in a secure facility
that is a separate, secure section of a juvenile detention facility unless it
is otherwise ordered by a court under a petition relating to a child in need of
services, an at-risk youth, or truancy.
NEW
SECTION. Sec. 10. A
new section is added to chapter 13.32A RCW to read as follows:
The
cost to county juvenile court administrators of housing youths held in contempt
and confined in secure crisis residential centers located in juvenile detention
facilities shall be credited against the funds appropriated to fund the costs of
processing truancy, children in need of services, and at-risk youth petitions.
Sec.
11. RCW
13.32A.060 and 2000 c . . . s 1 (section 1 of this act) are each
amended to read as follows:
(1)
An officer taking a child into custody under RCW 13.32A.050(1) (a) or (b) shall
inform the child of the reason for such custody and shall:
(a)
Transport the child to his or her home or to a parent at his or her place of
employment, if no parent is at home. The parent may request that the officer
take the child to the home of an adult extended family member, responsible
adult, crisis residential center, the department, or a licensed youth shelter.
In responding to the request of the parent, the officer shall take the child to
a requested place which, in the officer's belief, is within a reasonable
distance of the parent's home. The officer releasing a child into the custody
of a parent, an adult extended family member, responsible adult, or a licensed
youth shelter shall inform the person receiving the child of the reason for
taking the child into custody and inform all parties of the nature and location
of appropriate services available in the community; or
(b)
After attempting to notify the parent, take the child to a designated crisis residential
center's secure facility or a center's semi-secure facility if a secure
facility is full, not available, or not located within a reasonable distance:
(i)
If the child expresses fear or distress at the prospect of being returned to
his or her home which leads the officer to believe there is a possibility that
the child is experiencing some type of child abuse or neglect, as defined in
RCW 26.44.020;
(ii)
If it is not practical to transport the child to his or her home or place of
the parent's employment; or
(iii)
If there is no parent available to accept custody of the child; or
(c)
After attempting to notify the parent, if a crisis residential center is full,
not available, or not located within a reasonable distance, the officer may
request the department to accept custody of the child. If the department
determines that an appropriate placement is currently available, the department
shall accept custody and place the child in an out-of-home placement. Upon
accepting custody of a child from the officer, the department may place the
child in an out-of-home placement for up to seventy-two hours, excluding
Saturdays, Sundays, and holidays, without filing a child in need of services
petition under this chapter, obtaining parental consent, or obtaining an order
for placement under chapter 13.34 RCW. Upon transferring a child to the
department's custody, the officer shall provide written documentation of the
reasons and the statutory basis for taking the child into custody. If the
department declines to accept custody of the child, the officer may release the
child after attempting to take the child to the following, in the order
listed: The home of an adult extended family member; a responsible adult; a
licensed youth shelter and shall immediately notify the department if no
placement option is available and the child is released.
(2)
An officer taking a child into custody under RCW 13.32A.050(1) (c) or (d) shall
inform the child of the reason for custody. An officer taking a child into
custody under RCW 13.32A.050(1)(c) may release the child to the supervising
agency, or shall take the child to a designated crisis residential center's
secure facility. If the secure facility is not available, not located within a
reasonable distance, or full, the officer shall take the child to a semi-secure
crisis residential center. An officer taking a child into custody under RCW
13.32A.050(1)(d) may place the child in a juvenile detention facility as
provided in RCW 13.32A.065 or a secure facility, except that the child shall be
taken to ((either (a) a secure facility that is a separate, secure section
of a juvenile detention facility; or (b))) detention whenever the officer
has been notified that a juvenile court has entered ((an)) a
detention order ((directing such placement)) under this chapter or
chapter 13.34 RCW. ((In no case may a child in contempt be confined in a
secure facility that is free-standing outside a juvenile detention facility.))
(3)
Whenever an officer transfers custody of a child to a crisis residential center
or the department, the child may reside in the crisis residential center or may
be placed by the department in an out-of-home placement for an aggregate total
period of time not to exceed seventy-two hours excluding Saturdays, Sundays,
and holidays((, except that a child placed in a secure facility under a
court order entered under RCW 13.32A.250 must remain in the secure facility as
provided in RCW 13.32A.065)). Thereafter, the child may continue in
out-of-home placement only if the parents have consented, a child in need of
services petition has been filed under this chapter, or an order for placement
has been entered under chapter 13.34 RCW.
(4)
The department shall ensure that all law enforcement authorities are informed on
a regular basis as to the location of all designated secure and semi-secure
facilities within centers in their jurisdiction, where children taken into
custody under RCW 13.32A.050 may be taken.
Sec.
12. RCW
13.32A.065 and 2000 c . . . s 2 (section 2 of this act) are each
amended to read as follows:
(1)
A child may be placed in ((either (a) a secure facility that is a separate,
secure section of a juvenile detention facility; or (b))) detention after
being taken into custody pursuant to RCW 13.32A.050(1)(d). ((In no case may
a child in contempt be confined in a secure facility that is free-standing
outside a juvenile detention facility.)) 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 ((finds that the conditions in subsection (1)(a) and (b) of
this section have been met)) orders the child to remain in detention,
the court ((may order the child to remain confined either in (a) a secure
facility that is a separate, secure section of a juvenile detention facility;
or (b) detention, and)) shall set the matter for a hearing on contempt
within seventy-two hours, excluding Saturdays, Sundays, and holidays. ((In
no case may a child in contempt be confined in a secure facility that is
free-standing outside a juvenile detention facility.))
Sec.
13. RCW
13.32A.130 and 2000 c . . . s 3 (section 3 of this act) are each
amended to read as follows:
(1)
A child admitted to a secure facility within a crisis residential center shall
remain in the facility for not more than five consecutive days, but for at
least twenty-four hours after admission. If the child admitted under this
section is transferred between centers or between secure and semi-secure
facilities, the aggregate length of time spent in all such centers or
facilities may not exceed five consecutive days.
(2)(a)(i)
The facility administrator shall determine within twenty-four hours after a
child's admission to a secure facility whether the child is likely to remain in
a semi-secure facility and may transfer the child to a semi-secure facility or
release the child to the department. The determination shall be based on: (A)
The need for continued assessment, protection, and treatment of the child in a
secure facility; and (B) the likelihood the child would remain at a semi-secure
facility until his or her parents can take the child home or a petition can be
filed under this title.
(ii)
In making the determination the administrator shall consider the following
information if known: (A) The child's age and maturity; (B) the child's
condition upon arrival at the center; (C) the circumstances that led to the
child's being taken to the center; (D) whether the child's behavior endangers
the health, safety, or welfare of the child or any other person; (E) the
child's history of running away which has endangered the health, safety, and
welfare of the child; and (F) the child's willingness to cooperate in the
assessment.
(b)
If the administrator of a secure facility determines the child is unlikely to
remain in a semi-secure facility, the administrator shall keep the child in the
secure facility pursuant to this chapter and in order to provide for space for
the child may transfer another child who has been in the facility for at least
seventy-two hours to a semi-secure facility. The administrator shall only make
a transfer of a child after determining that the child who may be transferred
is likely to remain at the semi-secure facility.
(c)
A crisis residential center administrator is authorized to transfer a child to
a crisis residential center in the area where the child's parents reside or
where the child's lawfully prescribed residence is located.
(d)
An administrator may transfer a child from a semi-secure facility to a secure
facility whenever he or she reasonably believes that the child is likely to
leave the semi-secure facility and not return and after full consideration of
all factors in (a)(i) and (ii) of this subsection.
(3)
If no parent is available or willing to remove the child during the first
seventy-two hours following admission, the department shall consider the filing
of a petition under RCW 13.32A.140.
(4)
Notwithstanding the provisions of subsection (1) of this section, the parents
may remove the child at any time during the five-day period unless the staff of
the crisis residential center has reasonable cause to believe that the child is
absent from the home because he or she is abused or neglected or if allegations
of abuse or neglect have been made against the parents. The department or any
agency legally charged with the supervision of a child may remove a child from
a crisis residential center at any time after the first twenty-four-hour period
after admission has elapsed and only after full consideration by all parties of
the factors in subsection (2)(a) of this section.
(5)
Crisis residential center staff shall make reasonable efforts to protect the
child and achieve a reconciliation of the family. If a reconciliation and
voluntary return of the child has not been achieved within forty-eight hours
from the time of intake, and if the administrator of the center does not
consider it likely that reconciliation will be achieved within the five-day
period, then the administrator shall inform the parent and child of: (a) The
availability of counseling services; (b) the right to file a child in need of
services petition for an out-of-home placement, the right of a parent to file
an at-risk youth petition, and the right of the parent and child to obtain
assistance in filing the petition; (c) the right to request the facility
administrator or his or her designee to form a multidisciplinary team; (d) the
right to request a review of any out-of-home placement; (e) the right to
request a mental health or chemical dependency evaluation by a
county-designated professional or a private treatment facility; and (f) the
right to request treatment in a program to address the child's at-risk behavior
under RCW 13.32A.197.
(6)
At no time shall information regarding a parent's or child's rights be
withheld. The department shall develop and distribute to all law enforcement
agencies and to each crisis residential center administrator a written
statement delineating the services and rights. Every officer taking a child
into custody shall provide the child and his or her parent(s) or responsible
adult with whom the child is placed with a copy of the statement. In addition,
the administrator of the facility or his or her designee shall provide every
resident and parent with a copy of the statement.
(7)
A crisis residential center and its administrator or his or her designee acting
in good faith in carrying out the provisions of this section are immune from
criminal or civil liability for such actions.
(((8)
This section does not apply to children admitted to a secure facility that is a
separate, secure section of a juvenile detention facility under a court order
issued under RCW 13.32A.250(3) or 28A.225.090(2). In no case may a child in
contempt be confined in a secure facility that is free-standing outside a
juvenile detention facility.))
Sec.
14. RCW
13.32A.250 and 2000 c . . . s 4 (section 4 of this act) are each
amended to read as follows:
(1)
In all child in need of services proceedings and at-risk youth proceedings, the
court shall verbally notify the parents and the child of the possibility of a
finding of contempt for failure to comply with the terms of a court order
entered pursuant to this chapter. Except as otherwise provided in this
section, the court shall treat the parents and the child equally for the
purposes of applying contempt of court processes and penalties under this
section.
(2)
Failure by a party to comply with an order entered under this chapter is a
civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the
limitations of subsection (3) of this section.
(3)
The court may impose remedial sanctions including a fine of up to one hundred
dollars and confinement for up to seven days, or both for contempt of court
under this section.
(4)
A child placed in confinement for contempt under this section shall be placed
in confinement ((either)) only in a secure juvenile detention
facility operated by or pursuant to a contract with a county ((or a secure
facility that is a separate, secure section of a juvenile detention facility.
In no case may a child in contempt be confined in a secure facility that is
free-standing outside a juvenile detention facility.))
(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.
(6)
Whenever the court finds probable cause to believe, based upon consideration of
a motion for contempt and the information set forth in a supporting
declaration, that a child has violated a placement order entered under this
chapter, the court may issue an order directing law enforcement to pick up and
take the child to detention ((or to a secure facility)). The order may
be entered ex parte without prior notice to the child or other parties.
Following the child's admission to detention ((or to the secure facility)),
a detention review hearing must be held in accordance with RCW
13.32A.065.
Sec.
15. RCW
28A.225.090 and 2000 c . . . s 6 (section 6 of this act) are each
amended to read as follows:
(1)
A court may order a child subject to a petition under RCW 28A.225.035 to:
(a)
Attend the child's current school;
(b)
If there is space available and the program can provide educational services
appropriate for the child, order the child to attend another public school, an
alternative education program, center, a skill center, dropout prevention
program, or another public educational program;
(c)
Attend a private nonsectarian school or program including an education center.
Before ordering a child to attend an approved or certified private nonsectarian
school or program, the court shall: (i) Consider the public and private
programs available; (ii) find that placement is in the best interest of the
child; and (iii) find that the private school or program is willing to accept
the child and will not charge any fees in addition to those established by
contract with the student's school district. If the court orders the child to
enroll in a private school or program, the child's school district shall
contract with the school or program to provide educational services for the
child. The school district shall not be required to contract for a weekly rate
that exceeds the state general apportionment dollars calculated on a weekly
basis generated by the child and received by the district. A school district
shall not be required to enter into a contract that is longer than the
remainder of the school year. A school district shall not be required to enter
into or continue a contract if the child is no longer enrolled in the district;
(d)
Be referred to a community truancy board, if available; or
(e)
Submit to testing for the use of controlled substances or alcohol based on a
determination that such testing is appropriate to the circumstances and
behavior of the child and will facilitate the child's compliance with the
mandatory attendance law.
(2)
If the child fails to comply with the court order, the court may order the
child to be ((placed in confinement for contempt, either in a juvenile
detention facility operated by or under a contract with a county or in a secure
facility that is a separate, secure section of a juvenile detention facility))
subject to detention, as provided in RCW 7.21.030(2)(e), or may impose
alternatives to ((confinement)) detention such as community
service. Failure by a child to comply with an order issued under this
subsection shall not be subject to detention for a period greater than that
permitted pursuant to a civil contempt proceeding against a child under chapter
13.32A RCW. ((In no case may a child in contempt be confined in a secure
facility that is free-standing outside a juvenile detention facility.))
(3)
Any parent violating any of the provisions of either RCW 28A.225.010,
28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars
for each day of unexcused absence from school. It shall be a defense for a
parent charged with violating RCW 28A.225.010 to show that he or she exercised
reasonable diligence in attempting to cause a child in his or her custody to
attend school or that the child's school did not perform its duties as required
in RCW 28A.225.020. The court may order the parent to provide community
service instead of imposing a fine. Any fine imposed pursuant to this section
may be suspended upon the condition that a parent charged with violating RCW
28A.225.010 shall participate with the school and the child in a supervised
plan for the child's attendance at school or upon condition that the parent
attend a conference or conferences scheduled by a school for the purpose of
analyzing the causes of a child's absence.
(4)
If a child continues to be truant after entering into a court-approved order
with the truancy board under RCW 28A.225.035, the juvenile court shall find the
child in contempt, and the court may order the child to be subject to
detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to
detention such as meaningful community service. Failure by a child to comply
with an order issued under this subsection may not subject a child to detention
for a period greater than that permitted under a civil contempt proceeding
against a child under chapter 13.32A RCW.
(5)
Subsections (1), (2), and (4) of this section shall not apply to a six or seven
year-old child required to attend public school under RCW 28A.225.015.
Sec.
16. RCW
74.13.033 and 2000 c . . . s 7 (section 7 of this act) are each
amended to read as follows:
(1)
If a resident of a center becomes by his or her behavior disruptive to the
facility's program, such resident may be immediately removed to a separate area
within the facility and counseled on an individual basis until such time as the
child regains his or her composure. The department may set rules and
regulations establishing additional procedures for dealing with severely
disruptive children on the premises. ((A child confined in a secure
facility that is a separate, secure section of a juvenile detention facility
under RCW 13.32A.250(3) or 28A.225.090(2) may be moved to an available bed in a
juvenile detention facility. In no case may a child in contempt be confined in
a secure facility that is free-standing outside a juvenile detention facility.))
(2)
When the juvenile resides in this facility, all services deemed necessary to
the juvenile's reentry to normal family life shall be made available to the
juvenile as required by chapter 13.32A RCW. In assessing the child and
providing these services, the facility staff shall:
(a)
Interview the juvenile as soon as possible;
(b)
Contact the juvenile's parents and arrange for a counseling interview with the
juvenile and his or her parents as soon as possible;
(c)
Conduct counseling interviews with the juvenile and his or her parents, to the
end that resolution of the child/parent conflict is attained and the child is
returned home as soon as possible;
(d)
Provide additional crisis counseling as needed, to the end that placement of
the child in the crisis residential center will be required for the shortest
time possible, but not to exceed five consecutive days ((or, in the case of
a child admitted by court order issued under RCW 13.32A.250(3) or
28A.225.090(2), seven consecutive days)); and
(e)
Convene, when appropriate, a multidisciplinary team.
(3)
Based on the assessments done under subsection (2) of this section the facility
staff may refer any child who, as the result of a mental or emotional disorder,
or intoxication by alcohol or other drugs, is suicidal, seriously assaultive,
or seriously destructive toward others, or otherwise similarly evidences an
immediate need for emergency medical evaluation and possible care, for
evaluation pursuant to chapter 71.34 RCW, to a mental health professional
pursuant to chapter 71.05 RCW, or to a chemical dependency specialist pursuant
to chapter 70.96A RCW whenever such action is deemed appropriate and consistent
with law.
(4)
A juvenile taking unauthorized leave from a facility shall be apprehended and
returned to it by law enforcement officers or other persons designated as
having this authority as provided in RCW 13.32A.050. If returned to the
facility after having taken unauthorized leave for a period of more than
twenty-four hours a juvenile shall be supervised by such a facility for a
period, pursuant to this chapter, which, unless where otherwise provided, may
not exceed five consecutive days on the premises. Costs of housing juveniles
admitted to crisis residential centers shall be assumed by the department for a
period not to exceed five consecutive days.
Sec.
17. RCW
74.13.034 and 2000 c . . . s 8 (section 8 of this act) are each
amended to read as follows:
(1)
A child taken into custody and taken to a crisis residential center established
pursuant to RCW 74.13.032 may, if the center is unable to provide appropriate
treatment, supervision, and structure to the child, be taken at department
expense to another crisis residential center, the nearest regional secure
crisis residential center, or a secure facility with which it is collocated
under RCW 74.13.032. Placement in both locations shall not exceed five
consecutive days from the point of intake as provided in RCW 13.32A.130 ((or,
in the case of a child admitted by court order issued under RCW 13.32A.250(3)
or 28A.225.090(2), seven consecutive days)).
(2)
A child taken into custody and taken to a crisis residential center established
by this chapter may be placed physically by the department or the department's
designee and, at departmental expense and approval, in a secure juvenile
detention facility operated by the county in which the center is located for a
maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if
the child has taken unauthorized leave from the center and the person in charge
of the center determines that the center cannot provide supervision and structure
adequate to ensure that the child will not again take unauthorized leave.
Juveniles placed in such a facility pursuant to this section may not, to the
extent possible, come in contact with alleged or convicted juvenile or adult
offenders.
(3)
Any child placed in secure detention pursuant to this section shall, during the
period of confinement, be provided with appropriate treatment by the department
or the department's designee, which shall include the services defined in RCW
74.13.033(2). If the child placed in secure detention is not returned home or
if an alternative living arrangement agreeable to the parent and the child is
not made within twenty-four hours after the child's admission, the child shall
be taken at the department's expense to a crisis residential center. Placement
in the crisis residential center or centers plus placement in juvenile
detention shall not exceed five consecutive days from the point of intake as
provided in RCW 13.32A.130 ((or, in the case of a child admitted by court order
issued under RCW 13.32A.250(3) or 28A.225.090(2), seven consecutive days)).
(4)
Juvenile detention facilities used pursuant to this section shall first be
certified by the department to ensure that juveniles placed in the facility
pursuant to this section are provided with living conditions suitable to the
well-being of the child. Where space is available, juvenile courts, when
certified by the department to do so, shall provide secure placement for
juveniles pursuant to this section, at department expense.
Sec.
18. RCW
13.50.100 and 1999 c 390 s 3 are each amended to read as follows:
(1)
This section governs records not covered by RCW 13.50.050.
(2)
Records covered by this section shall be confidential and shall be released
only pursuant to this section and RCW 13.50.010.
(3)
Records retained or produced by any juvenile justice or care agency may be
released to other participants in the juvenile justice or care system only when
an investigation or case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned the
responsibility of supervising the juvenile. Records covered under this section
and maintained by the juvenile courts which relate to the official actions of
the agency may be entered in the state-wide juvenile court information system.
(4)
A contracting agency or service provider of the department of social and health
services that provides counseling, psychological, psychiatric, or medical
services may release to the office of the family and children's ombudsman
information or records relating to services provided to a juvenile who is
dependent under chapter 13.34 RCW without the consent of the parent or guardian
of the juvenile, or of the juvenile if the juvenile is under the age of
thirteen years, unless such release is otherwise specifically prohibited by
law.
(5)
A juvenile, his or her parents, the juvenile's attorney and the juvenile's
parent's attorney, shall, upon request, be given access to all records and
information collected or retained by a juvenile justice or care agency which
pertain to the juvenile except:
(a)
If it is determined by the agency that release of this information is likely to
cause severe psychological or physical harm to the juvenile or his or her
parents the agency may withhold the information subject to other order of the
court: PROVIDED, That if the court determines that limited release of the
information is appropriate, the court may specify terms and conditions for the
release of the information; or
(b)
If the information or record has been obtained by a juvenile justice or care
agency in connection with the provision of counseling, psychological,
psychiatric, or medical services to the juvenile, when the services have been
sought voluntarily by the juvenile, and the juvenile has a legal right to
receive those services without the consent of any person or agency, then the
information or record may not be disclosed to the juvenile's parents without
the informed consent of the juvenile unless otherwise authorized by law; or
(c)
That the department of social and health services may delete the name and
identifying information regarding persons or organizations who have reported
alleged child abuse or neglect.
(6)
A juvenile or his or her parent denied access to any records following an
agency determination under subsection (5) of this section may file a motion in
juvenile court requesting access to the records. The court shall grant the
motion unless it finds access may not be permitted according to the standards
found in subsections (5)(a) and (b) of this section.
(7)
The person making a motion under subsection (6) of this section shall give
reasonable notice of the motion to all parties to the original action and to any
agency whose records will be affected by the motion.
(8)
Subject to the rules of discovery in civil cases, any party to a proceeding
seeking a declaration of dependency or a termination of the parent-child
relationship and any party's counsel and the guardian ad litem of any party,
shall have access to the records of any natural or adoptive child of the
parent, subject to the limitations in subsection (5) of this section. A party
denied access to records may request judicial review of the denial. If the
party prevails, he or she shall be awarded attorneys' fees, costs, and an
amount not less than five dollars and not more than one hundred dollars for
each day the records were wrongfully denied.
(9)
No unfounded allegation of child abuse or neglect as defined in RCW
26.44.020(12) may be disclosed to a child-placing agency, private adoption
agency, or any other licensed provider.
Sec.
19. RCW
26.44.020 and 1999 c 176 s 29 are each amended to read as follows:
The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Court" means the superior court of the state of Washington, juvenile
department.
(2)
"Law enforcement agency" means the police department, the prosecuting
attorney, the state patrol, the director of public safety, or the office of the
sheriff.
(3)
"Practitioner of the healing arts" or "practitioner" means
a person licensed by this state to practice podiatric medicine and surgery,
optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery,
or medicine and surgery or to provide other health services. The term
"practitioner" includes a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being furnished
Christian Science treatment by a duly accredited Christian Science practitioner
will not be considered, for that reason alone, a neglected person for the
purposes of this chapter.
(4)
"Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
(5)
"Department" means the state department of social and health
services.
(6)
"Child" or "children" means any person under the age of
eighteen years of age.
(7)
"Professional school personnel" include, but are not limited to,
teachers, counselors, administrators, child care facility personnel, and school
nurses.
(8)
"Social service counselor" means anyone engaged in a professional capacity
during the regular course of employment in encouraging or promoting the health,
welfare, support or education of children, or providing social services to
adults or families, including mental health, drug and alcohol treatment, and
domestic violence programs, whether in an individual capacity, or as an
employee or agent of any public or private organization or institution.
(9)
"Psychologist" means any person licensed to practice psychology under
chapter 18.83 RCW, whether acting in an individual capacity or as an employee
or agent of any public or private organization or institution.
(10)
"Pharmacist" means any registered pharmacist under chapter 18.64 RCW,
whether acting in an individual capacity or as an employee or agent of any
public or private organization or institution.
(11)
"Clergy" means any regularly licensed or ordained minister, priest,
or rabbi of any church or religious denomination, whether acting in an
individual capacity or as an employee or agent of any public or private
organization or institution.
(12)
"Abuse or neglect" means the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child by any person
under circumstances which indicate that the child's health, welfare, and safety
is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is
a child who has been subjected to child abuse or neglect as defined in this
section.
(13)
"Child protective services section" means the child protective
services section of the department.
(14)
"Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b) allowing,
permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child by any person.
(15)
"Negligent treatment or maltreatment" means an act or omission that
evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to the child's health, welfare, and
safety. The fact that siblings share a bedroom is not, in and of itself,
negligent treatment or maltreatment.
(16)
"Child protective services" means those services provided by the
department designed to protect children from child abuse and neglect and
safeguard such children from future abuse and neglect, and conduct
investigations of child abuse and neglect reports. Investigations may be
conducted regardless of the location of the alleged abuse or neglect. Child
protective services includes referral to services to ameliorate conditions that
endanger the welfare of children, the coordination of necessary programs and
services relevant to the prevention, intervention, and treatment of child abuse
and neglect, and services to children to ensure that each child has a permanent
home. In determining whether protective services should be provided, the
department shall not decline to provide such services solely because of the
child's unwillingness or developmental inability to describe the nature and
severity of the abuse or neglect.
(17)
"Malice" or "maliciously" means an evil intent, wish, or
design to vex, annoy, or injure another person. Such malice may be inferred
from an act done in willful disregard of the rights of another, or an act
wrongfully done without just cause or excuse, or an act or omission of duty
betraying a willful disregard of social duty.
(18)
"Sexually aggressive youth" means a child who is defined in RCW
74.13.075(1)(b) as being a sexually aggressive youth.
(19)
"Unfounded" means available information indicates that, more likely
than not, child abuse or neglect did not occur. No unfounded allegation of
child abuse or neglect may be disclosed to a child-placing agency, private
adoption agency, or any other provider licensed under chapter 74.15 RCW.
Sec.
20. RCW
74.15.030 and 1997 c 386 s 33 are each amended to read as follows:
The
secretary shall have the power and it shall be the secretary's duty:
(1)
In consultation with the children's services advisory committee, and with the
advice and assistance of persons representative of the various type agencies to
be licensed, to designate categories of facilities for which separate or
different requirements shall be developed as may be appropriate whether because
of variations in the ages, sex and other characteristics of persons served,
variations in the purposes and services offered or size or structure of the
agencies to be licensed hereunder, or because of any other factor relevant
thereto;
(2)
In consultation with the children's services advisory committee, and with the
advice and assistance of persons representative of the various type agencies to
be licensed, to adopt and publish minimum requirements for licensing applicable
to each of the various categories of agencies to be licensed.
The
minimum requirements shall be limited to:
(a)
The size and suitability of a facility and the plan of operation for carrying
out the purpose for which an applicant seeks a license;
(b)
The character, suitability and competence of an agency and other persons
associated with an agency directly responsible for the care and treatment of
children, expectant mothers or developmentally disabled persons. In
consultation with law enforcement personnel, the secretary shall investigate
the conviction record or pending charges and dependency record information
under chapter 43.43 RCW of each agency and its staff seeking licensure or
relicensure. No unfounded allegation of child abuse or neglect as defined
in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under this chapter. In order to
determine the suitability of applicants for an agency license, licensees, their
employees, and other persons who have unsupervised access to children in care,
and who have not resided in the state of Washington during the three-year
period before being authorized to care for children shall be fingerprinted.
The fingerprints shall be forwarded to the Washington state patrol and federal
bureau of investigation for a criminal history records check. The fingerprint
criminal history records checks will be at the expense of the licensee except
that in the case of a foster family home, if this expense would work a hardship
on the licensee, the department shall pay the expense. The licensee may not
pass this cost on to the employee or prospective employee, unless the employee
is determined to be unsuitable due to his or her criminal history record. The
secretary shall use the information solely for the purpose of determining
eligibility for a license and for determining the character, suitability, and
competence of those persons or agencies, excluding parents, not required to be
licensed who are authorized to care for children, expectant mothers, and
developmentally disabled persons. Criminal justice agencies shall provide the
secretary such information as they may have and that the secretary may require
for such purpose;
(c)
The number of qualified persons required to render the type of care and
treatment for which an agency seeks a license;
(d)
The safety, cleanliness, and general adequacy of the premises to provide for
the comfort, care and well-being of children, expectant mothers or
developmentally disabled persons;
(e)
The provision of necessary care, including food, clothing, supervision and
discipline; physical, mental and social well-being; and educational,
recreational and spiritual opportunities for those served;
(f)
The financial ability of an agency to comply with minimum requirements
established pursuant to chapter 74.15 RCW and RCW 74.13.031; and
(g)
The maintenance of records pertaining to the admission, progress, health and
discharge of persons served;
(3)
To investigate any person, including relatives by blood or marriage except for
parents, for character, suitability, and competence in the care and treatment
of children, expectant mothers, and developmentally disabled persons prior to
authorizing that person to care for children, expectant mothers, and
developmentally disabled persons. However, if a child is placed with a
relative under RCW 13.34.060 or 13.34.130, and if such relative appears
otherwise suitable and competent to provide care and treatment the criminal
history background check required by this section need not be completed before
placement, but shall be completed as soon as possible after placement;
(4)
On reports of alleged child abuse and neglect, to investigate agencies in
accordance with chapter 26.44 RCW, including child day-care centers and family
day-care homes, to determine whether the alleged abuse or neglect has occurred,
and whether child protective services or referral to a law enforcement agency
is appropriate;
(5)
To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW
and RCW 74.13.031. Licenses shall specify the category of care which an agency
is authorized to render and the ages, sex and number of persons to be served;
(6)
To prescribe the procedures and the form and contents of reports necessary for
the administration of chapter 74.15 RCW and RCW 74.13.031 and to require
regular reports from each licensee;
(7)
To inspect agencies periodically to determine whether or not there is
compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements
adopted hereunder;
(8)
To review requirements adopted hereunder at least every two years and to adopt
appropriate changes after consultation with the child care coordinating
committee and other affected groups for child day-care requirements and with
the children's services advisory committee for requirements for other agencies;
and
(9)
To consult with public and private agencies in order to help them improve their
methods and facilities for the care of children, expectant mothers and
developmentally disabled persons.
NEW
SECTION. Sec. 21.
Sections 11 through 17 of this act take effect July 1, 2002.
NEW
SECTION. Sec. 22.
Sections 5, 9, and 10 of this act expire June 30, 2002.
