BILL REQ. #:  S-3261.2 

Read first time 01/11/10.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to kids at hope; amending RCW 28A.150.305, 28A.150.315, 28A.150.315, 28A.170.075, 28A.170.090, 28A.175.025, 28A.175.065, 28A.175.075, 28A.225.035, 13.32A.010, 13.32A.015, 13.32A.030, 13.32A.040, 13.32A.042, 13.32A.044, 13.32A.120, 13.32A.130, 13.32A.140, 13.32A.150, 13.32A.152, 13.32A.160, 13.32A.170, 13.32A.179, 13.32A.190, 13.32A.191, 13.32A.192, 13.32A.194, 13.32A.196, 13.32A.197, 13.32A.198, 13.32A.200, 13.32A.205, 13.32A.250, 13.40.460, 28A.225.160, 28A.235.140, 28A.235.160, 28A.245.040, 28A.245.070, 28A.300.360, 28A.300.440, 28A.305.130, 28A.325.010, 28A.400.350, 28A.655.090, 28A.700.005, 28A.700.090, 43.310.005, and 43.310.010; amending 2007 c 408 s 1 (uncodified); reenacting and amending RCW 13.32A.060; adding a new section to chapter 28A.170 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.245 RCW; creating new sections; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   Every child is unique--each has different interests, talents, skills, personalities, and each comes from a home with different cultures, socio-economic levels, and education levels. The legislature finds that too often children are labeled in a negative context because of these differences. Such negative labels can be devastating to children by making them feel defeated and helpless about what the negative label says about them. The use of negative labels creates a self-fulfilling prophecy that many adults unconsciously adopt. The legislature further finds that it needs to redesign the negative labels, especially those labels that the state uses for children. The legislature finds that instead of the negative labels such as "at-risk," "in-poverty," "from-poverty," and "disadvantaged," a positive characterization should be used. Using a positive descriptor will help children to see themselves differently and help adults more accurately define a child's capacity. If the state is going to label these children then the state must label to enable the children to have hope.

Sec. 2   RCW 28A.150.305 and 2002 c 291 s 1 are each amended to read as follows:
     (1) The board of directors of school districts may contract with alternative educational service providers for eligible students. Alternative educational service providers that the school district may contract with include, but are not limited to:
     (a) Other schools;
     (b) Alternative education programs not operated by the school district;
     (c) Education centers;
     (d) Skills centers;
     (e) The Washington national guard youth challenge program;
     (f) Dropout prevention programs; or
     (g) Other public or private organizations, excluding sectarian or religious organizations.
     (2) Eligible students include ((students)) kids at hope who are likely to be expelled or who are enrolled in the school district but have been suspended, are academically at risk, or who have been subject to repeated disciplinary actions due to behavioral problems.
     (3) If a school district board of directors chooses to initiate specialized programs for ((students)) kids at hope at risk of expulsion or who are failing academically by contracting out with alternative educational service providers identified in subsection (1) of this section, the school district board of directors and the organization must specify the specific learning standards that students are expected to achieve. Placement of the ((student)) kids at hope shall be jointly determined by the school district, the student's parent or legal guardian, and the alternative educational service provider.
     (4) For the purpose of this section, the superintendent of public instruction shall adopt rules for reporting and documenting enrollment. ((Students)) Kids at hope may reenter at the grade level appropriate to the student's ability. Students who are sixteen years of age or older may take the GED test.
     (5) The board of directors of school districts may require that ((students)) kids at hope who would otherwise be suspended or expelled attend schools or programs listed in subsection (1) of this section as a condition of continued enrollment in the school district.

Sec. 3   RCW 28A.150.315 and 2007 c 400 s 2 are each amended to read as follows:
     (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest ((poverty levels,)) numbers of kids at hope, which for the purpose of this section shall be defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of ((students eligible for free and reduced-price lunches)) kids at hope as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
     (a) Provide at least a one thousand-hour instructional program;
     (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:
     (i) Developing initial skills in the academic areas of reading, mathematics, and writing;
     (ii) Developing a variety of communication skills;
     (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;
     (iv) Acquiring large and small motor skills;
     (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and
     (vi) Learning through hands-on experiences;
     (c) Establish learning environments that are developmentally appropriate and promote creativity;
     (d) Demonstrate strong connections and communication with early learning community providers; and
     (e) Participate in kindergarten program readiness activities with early learning providers and parents.
     (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.
     (3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding.

Sec. 4   RCW 28A.150.315 and 2009 c 548 s 107 are each amended to read as follows:
     (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest ((poverty levels,)) numbers of kids at hope, which for the purpose of this section shall be defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of ((students eligible for free and reduced-price lunches)) kids at hope as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
     (a) Provide at least a one thousand-hour instructional program;
     (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:
     (i) Developing initial skills in the academic areas of reading, mathematics, and writing;
     (ii) Developing a variety of communication skills;
     (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;
     (iv) Acquiring large and small motor skills;
     (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and
     (vi) Learning through hands-on experiences;
     (c) Establish learning environments that are developmentally appropriate and promote creativity;
     (d) Demonstrate strong connections and communication with early learning community providers; and
     (e) Participate in kindergarten program readiness activities with early learning providers and parents.
     (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.170 RCW to read as follows:
     For the purposes of this chapter "kids at hope" means students who may have or who have problems of drug and alcohol abuse.

Sec. 6   RCW 28A.170.075 and 1995 c 335 s 204 are each amended to read as follows:
     (1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials.
     (2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse.
     (3) Substance abuse awareness programs funded under this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.
     (4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of ((students at risk)) kids at hope.

Sec. 7   RCW 28A.170.090 and 1995 c 335 s 205 are each amended to read as follows:
     (1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with ((high-risk)) kids at hope populations. These factors may include:
     (a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;
     (b) The total number of students who would have access to services; and
     (c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities.
     (2) The application procedures for grants under this section shall include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district's needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts. School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs. School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for ((students)) kids at hope in grades five through nine. Grants may be used to provide services for students who are enrolled in approved private schools.
     (3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of ((students)) kids at hope with drug and alcohol problems. The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.
     (4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.
     (5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 and 28A.170.090.

NEW SECTION.  Sec. 8   A new section is added to chapter 28A.175 RCW to read as follows:
     For the purposes of this chapter, "kids at hope" means students at risk of dropping out of school.

Sec. 9   RCW 28A.175.025 and 2007 c 408 s 2 are each amended to read as follows:
     Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction shall create a grant program and award grants to local partnerships of schools, families, and communities to begin the phase in of a statewide comprehensive dropout prevention, intervention, and retrieval system. This program shall be known as the building bridges program.
     (1) For purposes of RCW 28A.175.025 through 28A.175.075, a "building bridges program" means a local partnership of schools, families, and communities that provides all of the following programs or activities:
     (a) A system that identifies individual ((students)) kids at hope at risk of dropping out from middle through high school based on local predictive data, including state assessment data starting in the fourth grade, and provides timely interventions for such ((students)) kids at hope and for dropouts, including a plan for educational success as already required by the student learning plan as defined under RCW 28A.655.061. ((Students)) Kids at hope identified shall include foster care youth, youth involved in the juvenile justice system, and students receiving special education services under chapter 28A.155 RCW;
     (b) Coaches or mentors for students as necessary;
     (c) Staff responsible for coordination of community partners that provide a seamless continuum of academic and nonacademic support in schools and communities;
     (d) Retrieval or reentry activities; and
     (e) Alternative educational programming, including, but not limited to, career and technical education exploratory and preparatory programs and online learning opportunities.
     (2) One of the grants awarded under this section shall be for a two-year demonstration project focusing on providing fifth through twelfth grade ((students)) kids at hope with a program that utilizes technology and is integrated with state standards, basic academics, cross-cultural exposures, and age-appropriate preemployment training. The project shall:
     (a) Establish programs in two western Washington and one eastern Washington urban areas;
     (b) Identify ((at-risk students)) kids at hope in each of the distinct communities and populations and implement strategies to close the achievement gap;
     (c) Collect and report data on participant characteristics and outcomes of the project, including the characteristics and outcomes specified under RCW 28A.175.035(1)(e); and
     (d) Submit a report to the legislature by December 1, 2009.

Sec. 10   2007 c 408 s 1 (uncodified) is amended to read as follows:
     It is the intent of the legislature that increasing academic success and increasing graduation rates be dual goals for the K-12 system. The legislature finds that only seventy-four percent of the class of 2005 graduated on time. Students of color, students living in poverty, students in foster care, students in the juvenile justice system, students who are homeless, students for whom English is not their primary language, and students with disabilities have lower graduation rates than the average. The legislature further finds that ((students)) kids at hope who drop out experience more frequent occurrences of early pregnancy, delinquency, substance abuse, and mental health issues, and have greater need of publicly funded health and social services. The legislature further finds that helping all students be successful in school requires active participation in coordinating services from schools, parents, and other stakeholders and agencies in the local community. The legislature finds that existing resources to vulnerable youth are used more efficiently and effectively when there is significant coordination across local and state entities. The legislature further finds that efficiency and accountability of the K-12 system would be improved by creating a dropout prevention and intervention grant program that implements research-based and emerging best practices and evaluates results.

Sec. 11   RCW 28A.175.065 and 2007 c 408 s 6 are each amended to read as follows:
     (1) Educational service districts, in collaboration with area workforce development councils, shall:
     (a) Provide technical assistance to local partnerships established under a grant awarded under RCW 28A.175.025 in collecting and using performance data; and
     (b) At the request of a local partnership established under a grant awarded under RCW 28A.175.025, provide assistance in the development of a functional sustainability plan, including the identification of potential funding sources for future operation.
     (2) Local partnerships established under a grant awarded under RCW 28A.175.025 may contract with an educational service district, workforce development council, or a private agency for specialized training in such areas as cultural competency, identifying diverse learning styles, and intervention strategies for ((students at risk of dropping out of school)) kids at hope.

Sec. 12   RCW 28A.175.075 and 2007 c 408 s 7 are each amended to read as follows:
     (1) The office of the superintendent of public instruction shall establish a state-level work group that includes K-12 and state agencies that work with ((youth)) kids at hope who have dropped out or are at risk of dropping out of school. The state-level leadership group shall consist of one representative from each of the following agencies and organizations: The workforce training and education coordinating board; career and technical education including skill centers; relevant divisions of the department of social and health services; the juvenile courts; the Washington association of prosecuting attorneys; the Washington state office of public defense; the employment security department; accredited institutions of higher education; the educational service districts; the area workforce development councils; parent and educator associations; the department of health; local school districts; agencies or organizations that provide services to special education students; community organizations serving youth; federally recognized tribes and urban tribal centers; each of the major political caucuses of the senate and house of representatives; and the minority commissions.
     (2) To assist and enhance the work of the building bridges program((s)) established in RCW ((28A.175.055)) 28A.175.025, the state-level work group shall:
     (a) Identify and make recommendations to the legislature for the reduction of fiscal, legal, and regulatory barriers that prevent coordination of program resources across agencies at the state and local level;
     (b) Develop and track performance measures and benchmarks for each partner agency or organization across the state including performance measures and benchmarks based on student characteristics and outcomes specified in RCW 28A.175.035(1)(e); and
     (c) Identify research-based and emerging best practices regarding prevention, intervention, and retrieval programs.
     (3) The work group shall report to the legislature and the governor on an annual basis beginning December 1, 2007, with recommendations for implementing emerging best practices, needed additional resources, and eliminating barriers.

Sec. 13   RCW 28A.225.035 and 2009 c 266 s 3 are each amended to read as follows:
     (1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall consist of a written notification to the court alleging that:
     (a) The child has unexcused absences during the current school year;
     (b) Actions taken by the school district have not been successful in substantially reducing the child's absences from school; and
     (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child's absences from school.
     (2) The petition shall set forth the name, date of birth, school, address, gender, race, and ethnicity of the child and the names and addresses of the child's parents, and shall set forth whether the child and parent are fluent in English and whether there is an existing individualized education program.
     (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what the court might order under RCW 28A.225.090.
     (4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that a referral to an available community truancy board would substantially reduce the child's unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.
     (5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child's truancy within twenty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child's parent. The court may permit the truancy board or truancy prevention counselor to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015.
     (6) If the truancy board fails to reach an agreement, or the parent or student does not comply with the agreement, the truancy board shall return the case to the juvenile court for a hearing.
     (7)(a) Notwithstanding the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially reduce the child's unexcused absences. When a juvenile court hearing is held, the court shall:
     (i) Separately notify the child, the parent of the child, and the school district of the hearing. If the parent is not fluent in English, the preferred practice is for notice to be provided in a language in which the parent is fluent;
     (ii) Notify the parent and the child of their rights to present evidence at the hearing; and
     (iii) Notify the parent and the child of the options and rights available under chapter 13.32A RCW.
     (b) If the child is not provided with counsel, the advisement of rights must take place in court by means of a colloquy between the court, the child if eight years old or older, and the parent.
     (8) The court may require the attendance of the child if eight years old or older, the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030.
     (9) A school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015.
     (10) The court may permit the first hearing to be held without requiring that either party be represented by legal counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative who is not an attorney to represent the school district at any future hearings.
     (11) If the child is in a special education program or has a diagnosed mental or emotional disorder, the court shall inquire as to what efforts the school district has made to assist the child in attending school.
     (12) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter. In no case may the order expire before the end of the school year in which it is entered.
     (13) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child.
     (14) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and ((at-risk youth)) kids at hope petitions in RCW 13.32A.191 or ((child)) kids at hope in need of services petitions in RCW 13.32A.140.
     (15) If after a juvenile court assumes jurisdiction in one county the child relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county.

Sec. 14   RCW 13.32A.010 and 2000 c 123 s 1 are each amended to read as follows:
     The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, the experience and maturity of parents make them better qualified to establish guidelines beneficial to and protective of their children. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.
     The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.
     The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.
     The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.
     The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.
     The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for ((children)) kids at hope in need of services and ((at-risk youth)) kids at hope including services and assessments conducted under chapter 13.32A RCW and RCW 74.13.033. Within available funds, the legislature intends to provide these services through crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.
     The legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.
     The legislature intends to provide for the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature further intends to empower parents by providing them with the assistance they require to raise their children.

Sec. 15   RCW 13.32A.015 and 1990 c 276 s 1 are each amended to read as follows:
     It is the intent of the legislature to:
     (1) Preserve, strengthen, and reconcile families experiencing problems with ((at-risk youth)) kids at hope;
     (2) Provide a legal process by which parents who are experiencing problems with ((at-risk youth)) kids at hope can request and receive assistance from juvenile courts in providing appropriate care, treatment, and supervision to such youth; and
     (3) Assess the effectiveness of the family reconciliation services program.
     The legislature does not intend by this enactment to grant any parent the right to file ((an at-risk youth)) a kids at hope petition or receive juvenile court assistance in dealing with ((an at-risk youth)) kids at hope. The purpose of chapter 276, Laws of 1990 is to create a process by which a parent of ((an at-risk youth)) a kid at hope may request and receive assistance subject to the availability of juvenile court services and resources. Recognizing that these services and resources are limited, the legislature intends that counties have the authority to impose reasonable limits on the utilization of juvenile court services and resources in matters related to at-risk youth. Any responsibilities imposed upon the department under chapter 276, Laws of 1990 shall be contingent upon the availability of funds specifically appropriated by the legislature for such purpose.

Sec. 16   RCW 13.32A.030 and 2000 c 123 s 2 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) "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.
     (2) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.
     (3) "((At-risk youth)) Kid at hope" means a juvenile:
     (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;
     (b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or
     (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.
     (4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.
     (5) "((Child in need of services)) Kid at hope" means a juvenile:
     (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;
     (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours on two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or a court-ordered placement; and
     (i) Has exhibited a serious substance abuse problem; or
     (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or
     (c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B) services designed to maintain or reunite the family;
     (ii) Who lacks access to, or has declined to utilize, these services; and
     (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.
     (6) "((Child)) Kid at hope in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.
     (7) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.
     (8) "Custodian" means the person or entity who has the legal right to the custody of the child.
     (9) "Department" means the department of social and health services.
     (10) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
     (11) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.
     (12) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is ((an at-risk youth)) a kid at hope or a ((child)) kid at hope in need of services and his or her parent. The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.
     (13) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
     (14) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.
     (15) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.
     (16) "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. 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.
     (17) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.
     (18) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

Sec. 17   RCW 13.32A.040 and 2000 c 123 s 3 are each amended to read as follows:
     Families who are in conflict or who are experiencing problems with ((at-risk youth)) kids at hope or a ((child)) kid at hope who may be in need of services may request family reconciliation services from the department. The department may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to ((at-risk youth)) kids at hope, ((children)) kids at hope in need of services, or family conflicts. These services may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, mental health, drug or alcohol treatment, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family, and training in parenting, conflict management, and dispute resolution skills.

Sec. 18   RCW 13.32A.042 and 2000 c 123 s 4 are each amended to read as follows:
     (1)(a) The administrator of a crisis residential center may convene a multidisciplinary team, which is to be locally based and administered, at the request of a child placed at the center or the child's parent.
     (b) If the administrator has reasonable cause to believe that a child is a ((child)) kid at hope in need of services and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team.
     (c) A parent may disband a team twenty-four hours, excluding weekends and holidays, after receiving notice of formation of the team under (b) of this subsection unless a petition has been filed under RCW 13.32A.140. If a petition has been filed the parent may not disband the team until the hearing is held under RCW 13.32A.179. The court may allow the team to continue if an out-of-home placement is ordered under RCW 13.32A.179(3). Upon the filing of ((an at-risk youth)) a kid at hope or dependency petition the team shall cease to exist, unless the parent requests continuation of the team or unless the out-of-home placement was ordered under RCW 13.32A.179(3).
     (2) The secretary shall request participation of appropriate state agencies to assist in the coordination and delivery of services through the multidisciplinary teams. Those agencies that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary team and the secretary shall provide this information to the administrator of each crisis residential center.
     (3) The secretary shall designate within each region a department employee who shall have responsibility for coordination of the state response to a request for creation of a multidisciplinary team. The secretary shall advise the administrator of each crisis residential center of the name of the appropriate employee. Upon a request of the administrator to form a multidisciplinary team the employee shall provide a list of the agencies that have agreed to participate in the multidisciplinary team.
     (4) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.
     (5) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.
     (6) When an administrator of a crisis residential center requests the formation of a team, the state agencies must respond as soon as possible.

Sec. 19   RCW 13.32A.044 and 2000 c 123 s 5 are each amended to read as follows:
     (1) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.
     (2) The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:
     (a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;
     (b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;
     (c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or
     (d) With the parent's consent, work with them to achieve reconciliation of the child and family.
     (3) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.
     (4) The coordinator of the multidisciplinary team may assist in filing a ((child)) kid at hope in need of services petition when requested by the parent or child or ((an at-risk youth)) a kid at hope petition when requested by the parent. The multidisciplinary team shall have no standing as a party in any action under this title.
     (5) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department and request the case be reviewed for a dependency filing under chapter 13.34 RCW.

Sec. 20   RCW 13.32A.060 and 2000 c 162 s 11 and 2000 c 123 s 7 are each reenacted and 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 if:
     (i) 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 abuse or neglect;
     (ii) It is not practical to transport the child to his or her home or place of the parent's employment; or
     (iii) 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, 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)) kid at hope in need of services petition, 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; or a licensed youth shelter. The officer 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 detention whenever the officer has been notified that a juvenile court has entered a detention order under this chapter or chapter 13.34 RCW.
     (3) Every officer taking a child into custody shall provide the child and his or her parent or parents or responsible adult with a copy of the statement specified in RCW 13.32A.130(6).
     (4) 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. Thereafter, the child may continue in out-of-home placement only if the parents have consented, a ((child)) kid at hope in need of services petition has been filed, or an order for placement has been entered under chapter 13.34 RCW.
     (5) 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. 21   RCW 13.32A.120 and 2000 c 123 s 14 are each amended to read as follows:
     (1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to RCW 13.32A.090(3)(d)(ii), the administrator of the center 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 an out-of-home placement under RCW 13.32A.090(3)(d)(ii), either the child or parent may file a ((child)) kid at hope in need of services petition to approve an out-of-home placement or the parent may file ((an at-risk youth)) a kid at hope petition.
     (3) If a child and his or her parent cannot agree to the continuation of an out-of-home placement under RCW 13.32A.090(3)(d)(ii), either the child or parent may file a ((child)) kid at hope in need of services petition to continue an out-of-home placement or the parent may file ((an at-risk youth)) a kid at hope petition.

Sec. 22   RCW 13.32A.130 and 2009 c 569 s 1 are each amended to read as follows:
     (1) A child admitted to a secure facility located in a juvenile detention center shall remain in the facility for at least twenty-four hours after admission but for not more than five consecutive days. A child admitted to a secure facility not located in a juvenile detention center or a semi-secure facility may remain for not more than fifteen consecutive days. If a child is transferred between a secure and semi-secure facility, the aggregate length of time a child may remain in both facilities shall not exceed fifteen consecutive days per admission, and in no event may a child's stay in a secure facility located in a juvenile detention center exceed five days per admission.
     (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; 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 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 admission, and if the administrator of the center does not consider it likely that reconciliation will be achieved within five days of the child's admission to the center, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a ((child)) kid at hope in need of services petition for an out-of-home placement, the right of a parent to file ((an at-risk youth)) a kid at hope 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. 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 any person employed at the center acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

Sec. 23   RCW 13.32A.140 and 2000 c 123 s 16 are each amended to read as follows:
     Unless the department files a dependency petition, the department shall file a ((child)) kid at hope in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:
     (1) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, and:
     (a) The parent has been notified that the child was so admitted or placed;
     (b) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventy-two hours;
     (c) No agreement between the parent and the child as to where the child shall live has been reached;
     (d) No ((child)) kid at hope in need of services petition has been filed by either the child or parent;
     (e) The parent has not filed ((an at-risk youth)) a kid at hope petition; and
     (f) The child has no suitable place to live other than the home of his or her parent.
     (2) The child has been admitted to a crisis residential center and:
     (a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;
     (b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and
     (c) The child has no suitable place to live other than the home of his or her parent.
     (3) An agreement between parent and child made pursuant to RCW 13.32A.090(3)(d)(ii) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:
     (a) The party to whom the arrangement is no longer acceptable has so notified the department;
     (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;
     (c) No new agreement between parent and child as to where the child shall live has been reached;
     (d) No ((child)) kid at hope in need of services petition has been filed by either the child or the parent;
     (e) The parent has not filed ((an at-risk youth)) a kid at hope petition; and
     (f) The child has no suitable place to live other than the home of his or her parent.
     Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in an out-of-home placement until a ((child)) kid at hope in need of services petition filed by the department on behalf of the child is reviewed and resolved by the juvenile court. The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department. The state, when the department files a ((child)) kid at hope in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.

Sec. 24   RCW 13.32A.150 and 2000 c 123 s 17 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a ((child)) kid at hope in need of services petition by the child or the parents or the filing of ((an at-risk youth)) a kid at hope petition by the parent, unless verification is provided that the department has completed a family assessment. The family assessment shall involve the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under RCW 13.32A.191.
     (2) A child or a child's parent may file with the juvenile court a ((child)) kid at hope in need of services petition to approve an out-of-home placement for the child. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that the child is a ((child)) kid at hope in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under this chapter.
     (3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.

Sec. 25   RCW 13.32A.152 and 2004 c 64 s 5 are each amended to read as follows:
     (1) Whenever a ((child)) kid at hope in need of services petition is filed by: (a) A youth pursuant to RCW 13.32A.150; (b) the child or the child's parent pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.
     (2) Whenever a ((child)) kid at hope in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed.
     (3)(a) Whenever the court or the petitioning party knows or has reason to know that an Indian child is involved, the petitioning party shall promptly provide notice to the child's parent or Indian custodian and to the agent designated by the child's Indian tribe to receive such notices. Notice shall be by certified mail with return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the interior in the manner described in 25 C.F.R. 23.11. If the child may be a member of more than one tribe, the petitioning party shall send notice to all tribes the petitioner has reason to know may be affiliated with the child.
     (b) The notice shall: (i) Contain a statement notifying the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe's right to intervene and/or request that the case be transferred to tribal court.

Sec. 26   RCW 13.32A.160 and 2000 c 123 s 19 are each amended to read as follows:
     (1) When a proper ((child)) kid at hope in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department 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; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a ((child)) kid at hope in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file ((an at-risk youth)) a kid at hope petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.
     (2) Upon filing of a ((child)) kid at hope in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence other than a HOPE center to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.
     (3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.

Sec. 27   RCW 13.32A.170 and 2000 c 123 s 20 are each amended to read as follows:
     (1) The court shall hold a fact-finding hearing to consider a proper ((child)) kid at hope in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a ((child)) kid at hope in need of services petition, a written statement of the reasons must be filed.
     (2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:
     (a) The child is a ((child)) kid at hope in need of services as defined in RCW 13.32A.030(5);
     (b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;
     (c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
     (d) A suitable out-of-home placement resource is available.
     The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.
     The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.
     (3) Following the fact-finding hearing the court shall: (a) Approve a ((child)) kid at hope in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve ((an at-risk youth)) a kid at hope petition filed by the parents and dismiss the ((child)) kid at hope in need of services petition; or (c) dismiss the petition.
     At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.

Sec. 28   RCW 13.32A.179 and 2000 c 123 s 21 are each amended to read as follows:
     (1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing.
     (2) At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve ((an at-risk youth)) a kid at hope petition filed by the parents and dismiss the ((child)) kid at hope in need of services petition; (c) approve an out-of-home placement requested in the ((child)) kid at hope in need of services petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to exceed ninety days.
     At any time the court may order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(3).
     (3) The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.
     (4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.
     (5) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.
     (6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the ((child)) kid at hope in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:
     (a) The child has been absent from court approved placement for thirty consecutive days or more;
     (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
     (c) The department has exhausted all available and appropriate resources that would result in reunification.
     (7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.

Sec. 29   RCW 13.32A.190 and 1996 c 133 s 25 are each amended to read as follows:
     (1) Upon making a dispositional order under RCW 13.32A.179, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel and/or a guardian ad litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the review hearing, and notify the parties of their rights to present evidence at the hearing. Where resources are available, the court shall encourage the parent and child to participate in programs for reconciliation of their conflict.
     (2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with this chapter. The court shall determine whether reasonable efforts have been made to reunify the family and make it possible for the child to return home. The court shall discontinue the placement and order that the child return home if the court has reasonable grounds to believe that the parents have made reasonable efforts to resolve the conflict and the court has reason to believe that the child's refusal to return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.
     (3) Out-of-home placement may not be continued past one hundred eighty days from the day the review hearing commenced. The court shall order the child to return to the home of the parent at the expiration of the placement. If an out-of-home placement is disapproved prior to one hundred eighty days, the court shall enter an order requiring the child to return to the home of the child's parent.
     (4) The parents and the department may request, and the juvenile court may grant, dismissal of an out-of-home placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:
     (a) The child has been absent from court approved placement for thirty consecutive days or more;
     (b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
     (c) The department has exhausted all available and appropriate resources that would result in reunification.
     (5) The court shall terminate a placement made under this section upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179(3).
     (6) The court may dismiss a ((child)) kid at hope in need of services petition filed by a parent at any time if the court finds good cause to believe that continuation of out-of-home placement would serve no useful purpose.
     (7) The court shall dismiss a ((child)) kid at hope in need of services proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

Sec. 30   RCW 13.32A.191 and 2000 c 123 s 22 are each amended to read as follows:
     (1) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be ((an at-risk youth)) a kid at hope. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:
     (a) The child is ((an at-risk youth)) a kid at hope;
     (b) The petitioner has the right to legal custody of the child;
     (c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and
     (d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.
     (2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any proposed disposition following adjudication of the petition. The filing of ((an at-risk youth)) a kid at hope petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.
     (3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.

Sec. 31   RCW 13.32A.192 and 1997 c 146 s 8 are each amended to read as follows:
     (1) When a proper ((at-risk youth)) kid at hope petition is filed by a child's parent under this chapter, the juvenile court shall:
     (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent and the child of such date;
     (b) Notify the parent of the right to be represented by counsel at the parent's own expense;
     (c) Appoint legal counsel for the child;
     (d) Inform the child and his or her parent of the legal consequences of the court finding the child to be ((an at-risk youth)) a kid at hope; and
     (e) Notify the parent and the child of their rights to present evidence at the fact-finding hearing.
     (2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an out-of-home placement requested by the parent or child and approved by the parent.
     (3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an order directing law enforcement to take the child into custody and place the child in a juvenile detention facility or in a secure facility within a crisis residential center. If the child is placed in detention, a review shall be held as provided in RCW 13.32A.065.
     (4) If both a ((child)) kid at hope in need of services petition and ((an at-risk youth)) a kid at hope petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as ((an at-risk youth)) a kid at hope petition. Pending a fact-finding hearing regarding the petition, the child may be placed in the parent's home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to a ((child)) kid at hope in need of services petition. The child or the parent may request a review of the child's placement including a review of any court order requiring the child to reside in the parent's home.

Sec. 32   RCW 13.32A.194 and 2000 c 123 s 23 are each amended to read as follows:
     (1) The court shall hold a fact-finding hearing to consider a proper ((at-risk youth)) kid at hope petition. The court shall grant the petition and enter an order finding the child to be ((an at-risk youth)) a kid at hope if the allegations in the petition are established by a preponderance of the evidence, unless the child is the subject of a proceeding under chapter 13.34 RCW. If the petition is granted, the court shall enter an order requiring the child to reside in the home of his or her parent or in an out-of-home placement as provided in RCW 13.32A.192(2).
     (2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.
     (3) If the court grants or denies ((an at-risk youth)) a kid at hope petition, a statement of the written reasons shall be entered into the records. If the court denies ((an at-risk youth)) a kid at hope petition, the court shall verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.

Sec. 33   RCW 13.32A.196 and 2000 c 123 s 24 are each amended to read as follows:
     (1) A dispositional hearing shall be held no later than fourteen days after the fact-finding hearing. Each party shall be notified of the time and date of the hearing.
     (2) At the dispositional hearing regarding an adjudicated ((at-risk youth)) kid at hope, 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.
     (3) The court may set conditions of supervision for the child that include:
     (a) Regular school attendance;
     (b) Counseling;
     (c) Participation in a substance abuse or mental health outpatient treatment program;
     (d) Reporting on a regular basis to the department or any other designated person or agency; and
     (e) Any other condition the court deems an appropriate condition of supervision including but not limited to: Employment, participation in an anger management program, and refraining from using alcohol or drugs.
     (4) 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.
     (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.
     (6) The parent may request dismissal of ((an at-risk youth)) a kid at hope proceeding or out-of-home placement at any time. Upon such a request, the court shall dismiss the matter and cease court supervision of the child unless: (a) A contempt action is pending in the case; (b) a petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179; or (c) an order has been entered under RCW 13.32A.179(3) and the court retains jurisdiction under that subsection. 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.
     (7) 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. 34   RCW 13.32A.197 and 1996 c 133 s 3 are each amended to read as follows:
     (1) In a disposition hearing, after a finding that a child is a ((child)) kid at hope in need of services or ((an at-risk youth)) a kid at hope, the court may adopt the additional orders authorized under this section if it finds that the child involved in those proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment. The court may order that a child be placed in a staff secure facility, other than a crisis residential center, that will provide for the child's participation in a program designed to remedy his or her behavioral difficulties or needs. The court may not enter this order unless, at the disposition hearing, it finds that the placement is clearly necessary to protect the child and that a less restrictive order would be inadequate to protect the child, given the child's age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure to serious risk should the child run away from home again.
     (2) The order shall require periodic court review of the placement, with the first review hearing conducted not more than thirty days after the date of the placement. At each review hearing the court shall advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate. The court shall modify its orders as it finds necessary to protect the child. Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190 and ((13.32.198 [13.32A.198])) 13.32A.198.
     (3) Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of a ((child)) kid at hope in need of services or ((an at-risk youth)) a kid at hope as defined in RCW 13.32A.030.
     (4) State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated to expressly pay for them.

Sec. 35   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)) kid at hope, 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.
     (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.
     (3) Court supervision of the child may not be continued past one hundred eighty 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.
     (4) The court may dismiss ((an at-risk youth)) a kid at hope proceeding at any time if the court finds good cause to believe that continuation of court supervision 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)) a kid at hope proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

Sec. 36   RCW 13.32A.200 and 2007 c 213 s 1 are each amended to read as follows:
     (1) All hearings pursuant to this chapter may be conducted at any time or place within the county of the residence of the parent and such cases shall be heard in conjunction with the business of any other division of the superior court, except as provided in subsections (2) and (3) of this section.
     (2) The public shall be excluded from a ((child)) kid at hope in need of services hearing if the judicial officer finds that it is in the best interest of the child.
     (3) The public shall be excluded from ((an at-risk youth)) a kid at hope hearing if:
     (a) The judicial officer finds that it is in the best interest of the child; or
     (b) Either parent requests that the public be excluded from the hearing.
     (4) At the beginning of the ((at-risk youth)) kid at hope hearing, the judicial officer shall notify the parents that either parent has the right to request that the public be excluded from the ((at-risk youth)) kid at hope hearing.
     (5) If the public is excluded from hearings under subsection (2) or (3) of this section, only such persons who are found by the court to have a direct interest in the case or the work of the court shall be admitted to the proceedings.

Sec. 37   RCW 13.32A.205 and 1995 c 312 s 32 are each amended to read as follows:
     No superior court may refuse to accept for filing a properly completed and presented ((child)) kid at hope in need of services petition or ((an at-risk youth)) a kid at hope petition. To be properly presented, the petitioner shall verify that the family assessment required under RCW 13.32A.150 has been completed. In the event of an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys' fees.

Sec. 38   RCW 13.32A.250 and 2000 c 162 s 14 are each amended to read as follows:
     (1) In all ((child)) kid at hope in need of services proceedings and ((at-risk youth)) kid at hope 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 in a secure juvenile detention facility operated by or pursuant to a contract with a county.
     (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. The order may be entered ex parte without prior notice to the child or other parties. Following the child's admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

Sec. 39   RCW 13.40.460 and 2003 c 229 s 1 are each amended to read as follows:
     The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.
     The secretary or assistant secretary shall:
     (1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
     (2) Create by rule a formal system for inmate classification. This classification system shall consider:
     (a) Public safety;
     (b) Internal security and staff safety;
     (c) Rehabilitative resources both within and outside the department;
     (d) An assessment of each offender's risk of sexually aggressive behavior as provided in RCW 13.40.470; and
     (e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in RCW 13.40.470;
     (3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;
     (4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
     (5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;
     (6) Develop placement criteria:
     (a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470(1)(c); and
     (b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter 13.34 RCW, or ((an at-risk youth)) a kid at hope or ((child)) a kid at hope in need of services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status;
     (7) Develop a plan to implement, by July 1, 1995:
     (a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;
     (b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and
     (c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and
     (8)(a) The juvenile rehabilitation administration shall develop uniform policies related to custodial assaults consistent with RCW 72.01.045 and 9A.36.100 that are to be followed in all juvenile rehabilitation administration facilities; and
     (b) The juvenile rehabilitation administration will report assaults in accordance with the policies developed in (a) of this subsection.

Sec. 40   RCW 28A.225.160 and 2009 c 380 s 3 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section and otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district. Except as otherwise provided by law or rules adopted by the superintendent of public instruction, districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student. For the purpose of complying with any rule adopted by the superintendent of public instruction that authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees to cover expenses incurred in the administration of any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt rules for waiving and reducing such fees in the cases of those persons whose families, ((by reason of their low income,)) including kids at hope, who for the purpose of this section are families, who would have difficulty in paying the entire amount of such fees because of their low income.
     (2) A student who meets the definition of a child of a military family in transition under section 1, Article II of this act shall be permitted to continue enrollment at the grade level in the common schools commensurate with the grade level of the student when attending school in the sending state as defined in section 1, Article II of this act, regardless of age or birthdate requirements.

Sec. 41   RCW 28A.235.140 and 1993 c 333 s 1 are each amended to read as follows:
     (1) ((For the purposes of)) The definitions in this subsection apply throughout this section((:)) unless the context clearly requires otherwise.
     (a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program.
     (b) "Kids at hope" means students from low-income families.
     (c) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
     (((c))) (d) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to ((children from low-income families)) kids at hope.
     (2) School districts shall be required to develop and implement plans for a school breakfast program in severe-need schools, pursuant to the schedule in this section. For the second year prior to the implementation of the district's school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools. In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district.
     (3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows:
     (a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1990-91 school year and in each school year thereafter.
     (b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991-92 school year and in each school year thereafter.
     (c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992-93 school year and in each school year thereafter.
     (d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.
     (4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated.
     (5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the Constitution.

Sec. 42   RCW 28A.235.160 and 2005 c 287 s 1 are each amended to read as follows:
     (1) ((For the purposes of)) The definitions in this subsection apply throughout this section((:)) unless the context clearly requires otherwise.
     (a) "Free or reduced-price lunch" means a lunch served by a school district participating in the national school lunch program to a ((student)) kid at hope qualifying for national school lunch program benefits based on family size-income criteria.
     (b) "School lunch program" means a meal program meeting the requirements defined by the superintendent of public instruction under subsection (2)(b) of this section.
     (c) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
     (d) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to ((children from low-income families)) kids at hope.
     (e) "Summer food service program" means a meal or snack program meeting the requirements defined by the superintendent of public instruction under subsection (4) of this section.
     (2) School districts shall implement a school lunch program in each public school in the district in which educational services are provided to children in any of the grades kindergarten through four and in which twenty-five percent or more of the enrolled students qualify for a free or reduced-price lunch. In developing and implementing its school lunch program, each school district may consult with an advisory committee including school staff, community members, and others appointed by the board of directors of the district.
     (a) Applications to determine free or reduced-price lunch eligibility shall be distributed and collected for all households of children in schools containing any of the grades kindergarten through four and in which there are no United States department of agriculture child nutrition programs. The applications that are collected must be reviewed to determine eligibility for free or reduced-price lunches. Nothing in this section shall be construed to require completion or submission of the application by a parent or guardian.
     (b) Using the most current available school data on free and reduced-price lunch eligibility, the superintendent of public instruction shall adopt a schedule for implementation of school lunch programs at each school required to offer such a program under subsection (2) of this section as follows:
     (i) Schools not offering a school lunch program and in which twenty-five percent or more of the enrolled students are eligible for free or reduced-price lunch shall implement a school lunch program not later than the second day of school in the 2005-06 school year and in each school year thereafter.
     (ii) The superintendent shall establish minimum standards defining the lunch meals to be served, and such standards must be sufficient to qualify the meals for any available federal reimbursement.
     (iii) Nothing in this section shall be interpreted to prevent a school from implementing a school lunch program earlier than the school is required to do so.
     (3) To extent funds are appropriated for this purpose, each school district shall implement a school breakfast program in each school where more than forty percent of students eligible to participate in the school lunch program qualify for free or reduced-price meal reimbursement by the school year 2005-06. For the second year before the implementation of the district's school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify for this requirement. Schools where lunch programs start after the 2003-04 school year, where forty percent of students qualify for free or reduced-price meals, must begin school breakfast programs the second year following the start of a lunch program.
     (4) Each school district shall implement a summer food service program in each public school in the district in which a summer program of academic, enrichment, or remedial services is provided and in which fifty percent or more of the children enrolled in the school qualify for free or reduced-price lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an exemption for a school that can demonstrate availability of an adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a compelling case can be made to limit access to the program. The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as follows:
     (a) Beginning the summer of 2005 if the school currently offers a school breakfast or lunch program; or
     (b) Beginning the summer following the school year during which a school implements a school lunch program under subsection (2)(b) of this section.
     (5) Schools not offering a breakfast or lunch program may meet the meal service requirements of subsections (2)(b) and (4) of this section through any of the following:
     (a) Preparing the meals on-site;
     (b) Receiving the meals from another school that participates in a United States department of agriculture child nutrition program; or
     (c) Contracting with a nonschool entity that is a licensed food service establishment under RCW 69.07.010.
     (6) Requirements that school districts have a school lunch, breakfast, or summer nutrition program under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state's obligation for basic education funding under Article IX of the state Constitution.
     (7) The requirements in this section shall lapse if the federal reimbursement for any school breakfasts, lunches, or summer food service programs is eliminated.
     (8) School districts may be exempted from the requirements of this section by showing good cause why they cannot comply with the office of the superintendent of public instruction to the extent that such exemption is not in conflict with federal or state law. The process and criteria by which school districts are exempted shall be developed by the office of the superintendent of public instruction in consultation with representatives of school directors, school food service, community-based organizations and the Washington state PTA.

NEW SECTION.  Sec. 43   A new section is added to chapter 28A.245 RCW to read as follows:
     For the purposes of this chapter, "kids at hope" means at-risk students.

Sec. 44   RCW 28A.245.040 and 2007 c 463 s 5 are each amended to read as follows:
     Subject to available funding, skill centers shall provide access to late afternoon and evening sessions and summer school programs, to rural and high-density area students aligned with regionally identified high-demand occupations. When possible, the programs shall be specifically targeted for credit retrieval, dropout prevention and intervention for ((at-risk students)) kids at hope, and retrieval of dropouts. Skill centers that receive funding for these activities must participate in an evaluation that is designed to quantify results and identify best practices, collaborate with local community partners in providing a comprehensive program, and provide matching funds.

Sec. 45   RCW 28A.245.070 and 2008 c 170 s 203 are each amended to read as follows:
     Skill centers may enter into agreements with one or more cooperating school districts to grant a high school diploma on behalf of the district so that students who are juniors and seniors have an opportunity to attend the skill center on a full-time basis without coenrollment at a district high school. To avoid competition with other high schools in the cooperating district, high school completion programs operated by skill centers shall be designed as dropout prevention and retrieval programs for ((at-risk)) kids at hope and credit-deficient students or for fifth-year seniors. A skill center may use grant awards from the building bridges program under RCW 28A.175.025 to develop high school completion programs as provided in this section.

Sec. 46   RCW 28A.300.360 and 1999 c 319 s 7 are each amended to read as follows:
     The superintendent of public instruction shall provide, to the extent funds are appropriated, start-up grants for alternative programs and services that provide instruction and learning for kids at hope, which for the purposes of this section include truant, at-risk, and expelled students. Each grant application shall contain proposed performance indicators and an evaluation plan to measure the success of the program and its impact on improved student learning. Applications shall contain the applicant's plan for maintaining the program and services after the grant period.

Sec. 47   RCW 28A.300.440 and 2003 c 22 s 3 are each amended to read as follows:
     (1) The natural science, wildlife, and environmental education grant program is hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and innovative natural science, wildlife, and environmental education programs that are fully aligned with the state's essential academic learning requirements, and includes but is not limited to instruction about renewable resources, responsible use of resources, and conservation.
     (2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural science, wildlife, forestry, and agricultural education grants. The office of (([the])) the superintendent of public instruction shall involve a cross-section of stakeholder groups to develop socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also include environmental, natural science, wildlife, forestry, and agricultural education programs with one or more of the following features:
     (a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues;
     (b) Programs that target underserved, ((disadvantaged)) kids at hope, and multicultural populations;
     (c) Programs that reach out to schools across the state that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural education programs;
     (d) Proven programs offered by innovative community partnerships designed to improve student learning and strengthen local communities.
     (3) Eligible uses of grants include, but are not limited to:
     (a) Continuing in-service and preservice training for educators with materials specifically developed to enable educators to teach essential academic learning requirements in a compelling and effective manner;
     (b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter 28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using environmental education, natural science, wildlife, forestry, agricultural, and natural environment curricula to meet the needs of various learning styles; and
     (c) Support and equipment needed for the implementation of the programs in this section.
     (4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the federal internal revenue code that can provide matching funds or in-kind services.
     (5) Grants may not be used for any partisan or political activities.
     (6) For the purposes of this section, "kids at hope" means disadvantaged populations.

Sec. 48   RCW 28A.305.130 and 2009 c 548 s 502 are each amended to read as follows:
     The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:
     (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;
     (2) Form committees as necessary to effectively and efficiently conduct the work of the board;
     (3) Seek advice from the public and interested parties regarding the work of the board;
     (4) For purposes of statewide accountability:
     (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students((,)) and all kids at hope. "Kids at hope" includes the following:
     (i) Economically disadvantaged students((,));
     (ii) Limited English proficient students((,));
     (iii) Students with disabilities((,)); and
     (iv) Students from disproportionately academically underachieving racial and ethnic backgrounds.
     The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
     (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;
     (c) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and
     (d) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board;
     (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;
     (6) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;
     (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and
     (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction.

Sec. 49   RCW 28A.325.010 and 1977 ex.s. c 170 s 1 are each amended to read as follows:
     The board of directors of any common school district may establish and collect a fee from students and nonstudents as a condition to their attendance at any optional noncredit extracurricular event of the district which is of a cultural, social, recreational, or athletic nature: PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those ((students)) kids at hope whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees and may likewise waive or reduce such fees for nonstudents of the age of sixty-five or over who, by reason of their low income, would have difficulty in paying the entire amount of such fees. An optional comprehensive fee may be established and collected for any combination or all of such events or, in the alternative, a fee may be established and collected as a condition to attendance at any single event. Fees collected pursuant to this section shall be deposited in the associated student body program fund of the school district, and may be expended to defray the costs of optional noncredit extracurricular events of such a cultural, social, recreational, or athletic nature, or to otherwise support the activities and programs of associated student bodies.

Sec. 50   RCW 28A.400.350 and 2001 c 266 s 2 are each amended to read as follows:
     (1) The board of directors of any of the state's school districts or educational service districts may make available liability, life, health, health care, accident, disability and salary protection or insurance or any one of, or a combination of the enumerated types of insurance, or any other type of insurance or protection, for the members of the boards of directors, the students, and employees of the school district or educational service district, and their dependents. Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990, pursuant to the approval of the authority administrator, or through self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other manner authorized by law.
     (2) Whenever funds are available for these purposes the board of directors of the school district or educational service district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school districts or educational service districts and their dependents. The premiums on such liability insurance shall be borne by the school district or educational service district.
     After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district's employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.
     (3) For school board members, educational service district board members, and students, the premiums due on such protection or insurance shall be borne by the assenting school board member, educational service district board member, or student. The school district or educational service district may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in interschool activities on the behalf of or as representative of their school, school district, or educational service district. The school district board of directors and the educational service district board may require any student participating in extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by the school district board of directors or the educational service district board, for medical expenses incurred as a result of injury sustained while participating in the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or reducing the premiums of such coverage as may be offered through the school district or educational service district to students participating in extracurricular activities, for ((those)) kids at hope, who are students whose families, by reason of their low income, would have difficulty paying the entire amount of such insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage requirements for low-income students in order to assure such students are not prohibited from participating in extracurricular interschool activities.
     (4) All contracts for insurance or protection written to take advantage of the provisions of this section shall provide that the beneficiaries of such contracts may utilize on an equal participation basis the services of those practitioners licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW.

Sec. 51   RCW 28A.655.090 and 2008 c 165 s 3 are each amended to read as follows:
     (1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall report to schools, school districts, and the legislature on the results of the Washington assessment of student learning and state-mandated norm-referenced standardized tests.
     (2) The reports shall include the assessment results by school and school district, and include changes over time. For the Washington assessment of student learning, results shall be reported as follows:
     (a) The percentage of students meeting the standards;
     (b) The percentage of students performing at each level of the assessment;
     (c) Disaggregation of results by at least the following subgroups of students: White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, kids at hope, who are kids from families with a low income, transitional bilingual, migrant, special education, and, beginning with the 2009-10 school year, students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794); and
     (d) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.
     (3) The reports shall contain data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.
     (4) The reports shall contain student scores on mandated tests by comparable Washington schools of similar characteristics.
     (5) The reports shall contain information on public school choice options available to students, including vocational education.
     (6) The reports shall be posted on the superintendent of public instruction's internet web site.
     (7) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of statewide data files until the superintendent determines that the data are complete and accurate.
     (8) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.

Sec. 52   RCW 28A.700.005 and 2008 c 170 s 1 are each amended to read as follows:
     (1) The legislature finds that many secondary career and technical education programs have made progress in retooling for the twenty-first century by aligning with state and nationally certified programs that meet industry standards and by increasing the rigor of academic content in core skills such as reading, writing, mathematics, and science.
     (2) However, the legislature also finds that increased expectations for students to meet the state's academic learning standards require students to take remedial courses. The state board of education is considering increasing credit requirements for high school graduation. Together these policies could restrict students from pursuing high quality career and technical education programs because students would not have adequate time in their schedules to enroll in a progressive sequence of career and technical courses.
     (3) The legislature further finds that teachers, counselors, students, and parents are not well-informed about the opportunities presented by high quality career and technical education. Secondary career and technical education is not a stopping point but a beginning point for further education, including through a bachelor's degree. Secondary preapprenticeships and courses aligned to industry standards can lead directly to workforce entry as well as to additional education. Career and technical education is a proven strategy to engage and motivate students, including kids at hope, who are students at risk of dropping out of school entirely.
     (4) Finally, the legislature finds that state policies have been piecemeal in support of career and technical education. Laws exist to require state approval of career and technical programs, but could be strengthened by requiring alignment with industry standards and focusing on high-demand fields. Tech prep consortia have developed articulation agreements for dual credit and smooth transitions between high schools and colleges, but agreements remain highly decentralized between individual faculty and individual schools. Laws require school districts to create equivalences between academic and career and technical courses, but more support and professional development is needed to expand these opportunities.
     (5) Therefore it is the legislature's intent to identify the gaps in current laws and policies regarding secondary career and technical education and fill those gaps in a comprehensive fashion to create a coherent whole. This act seeks to increase the quality and rigor of secondary career and technical education, improve links to postsecondary education, encourage and facilitate academic instruction through career and technical courses, and expand access to and awareness of the opportunities offered by high quality career and technical education.

Sec. 53   RCW 28A.700.090 and 2008 c 170 s 302 are each amended to read as follows:
     (1) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction shall provide grants to eligible students to offset the costs of required examination or testing fees associated with obtaining state or industry certification in the student's career and technical education program.
     (2) The office shall establish maximum grant amounts and a process for students to apply for the grants.
     (3) For the purposes of this section, "eligible student" means:
     (a) A student enrolled in a secondary career and technical education program where state or industry certification can be obtained without additional postsecondary work or study; or
     (b) A student who completed a secondary career and technical education program in a Washington public school and is seeking state or industry certification in a program requiring additional postsecondary work or study or where there are age limitations on certification.
     (4) Eligible students must be kids at hope, which for the purposes of this section means the student must have a family income that is at or below two hundred percent of the federal poverty level using the most current guidelines available from the United States department of health and human services.

Sec. 54   RCW 43.310.005 and 1993 c 497 s 1 are each amended to read as follows:
     The legislature finds and declares that:
     (1) The number of youth who are members and associates of gangs and commit gang violence has significantly increased throughout the entire greater Puget Sound, Spokane, and other areas of the state;
     (2) Youth gang violence has caused a tremendous strain on the progress of the communities impacted. The loss of life, property, and positive opportunity for growth caused by youth gang violence has reached intolerable levels. Increased youth gang activity has seriously strained the budgets of many local jurisdictions, as well as threatened the ability of the educational system to educate our youth;
     (3) Among youth gang members the high school drop-out rate is significantly higher than among nongang members. Since the economic future of our state depends on a highly educated and skilled workforce, this high school drop-out rate threatens the economic welfare of our future workforce, as well as the future economic growth of our state;
     (4) The unemployment rate among youth gang members is higher than that among the general youth population. The unusual unemployment rate, lack of education and skills, and the increased criminal activity could significantly impact our future prison population;
     (5) Most youth gangs are subcultural. This implies that gangs provide the nurturing, discipline, and guidance to gang youth and potential gang youth that is generally provided by communities and other social systems. The subcultural designation means that youth gang participation and violence can be effectively reduced in Washington communities and schools through the involvement of community, educational, criminal justice, and employment systems working in a unified manner with parents and individuals who have a firsthand knowledge of youth gangs and ((at-risk youth)) kids at hope; and
     (6) A strong unified effort among parents and community, educational, criminal justice, and employment systems would facilitate: (a) The learning process; (b) the control and reduction of gang violence; (c) the prevention of youth joining negative gangs; and (d) the intervention into youth gangs.

Sec. 55   RCW 43.310.010 and 1993 c 497 s 3 are each amended to read as follows:
     Unless the context otherwise requires, the ((following)) definitions ((shall)) in this section apply throughout RCW 43.310.005 through 43.310.040 ((and sections 5 and 7 through 10, chapter 497, Laws of 1993:)).
     (1) "School" means any public school within a school district any portion of which is in a county with a population of over one hundred ninety thousand.
     (2) "Community organization" means any organization recognized by a city or county as such, as well as private, nonprofit organizations registered with the secretary of state.
     (3) "Gang risk prevention and intervention pilot program" means a community-based positive prevention and intervention program for ((gang members, potential gang members, at-risk youth,)) kids at hope and elementary through high school-aged youth directed at all of the following:
     (a) Reducing the probability of youth involvement in gang activities and consequent violence.
     (b) Establishing ties, at an early age, between youth and community organizations.
     (c) Committing local business and community resources to positive programming for youth.
     (d) Committing state resources to assist in creating the gang risk prevention and intervention pilot programs.
     (4) "Kids at hope" means gang members, potential gang members, and at-risk youth.
     (5) "Cultural awareness retreat" means a program that temporarily relocates at-risk youth or gang members and their parents from their usual social environment to a different social environment, with the specific purpose of having them performing activities which will enhance or increase their positive behavior and potential life successes.

NEW SECTION.  Sec. 56   This act may be known and cited as the kids at hope act.

NEW SECTION.  Sec. 57   Section 3 of this act expires September 1, 2011.

NEW SECTION.  Sec. 58   Section 4 of this act takes effect September 1, 2011.