BILL REQ. #: H-0514.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/26/11. Referred to Committee on Judiciary.
AN ACT Relating to the restoration of parents' rights; amending RCW 70.96A.020, 70.96A.095, 71.34.530, 70.24.110, 13.32A.082, 28A.230.070, and 46.20.292; reenacting and amending RCW 70.24.105; adding new sections to chapter 26.28 RCW; adding a new section to chapter 28A.320 RCW; creating new sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds there has been a
gradual encroachment by the state into the fundamental rights of
parents to exercise legitimate care, responsibility, and guidance over
the upbringing of their children. The legislature also finds
government's failure to adequately support reasonable attempts by
parents to guide, discipline, and prepare their children for a
productive, fulfilling life has contributed to the breakdown in the
family unit and is harmful to society.
The result is a breakdown in the traditional role of the family as
the primary provider, protector, and promoter of the health, safety,
and well-being of children and of the basic values and character traits
essential for attaining individual liberty, fulfillment, and happiness.
This act is intended to ensure parents can rightfully guide and
direct the affairs of their minor children. This act is also intended
to ensure government appropriately respects and reinforces those
rights, and to facilitate parents in meeting the responsibilities
inherent in bearing and raising young children. The legislature
recognizes upholding the rights of parents is in the best interest of
the families and minor children of Washington state.
This act is also intended to assist parents in furthering the
following important values: (1) Honesty, integrity, and trust; (2)
respect for self and others; (3) responsibility for personal actions
and commitments; (4) self-discipline and moderation; (5) diligence and
a positive work ethic; (6) respect for law and authority; (7) healthy
and constructive behavior; and (8) family as the basis of society.
Neither the state of Washington, nor its political subdivisions,
should by any means enact or enforce any policy that supersedes or
infringes upon the abilities and the rights of parents as recognized
and protected by this act.
NEW SECTION. Sec. 2 A new section is added to chapter 26.28 RCW
to read as follows:
(1) A parent or legal guardian of an unemancipated minor child has
the right to be notified and present whenever the minor child is
receiving health care, unless a court order has been issued prohibiting
the parent or legal guardian from contact with the minor child.
However, a physician may exclude the presence of a parent or legal
guardian when in the physician's good faith clinical judgment the
presence threatens the success of a medical procedure, treatment,
diagnosis, or examination that involves the physical touching of the
minor child.
The court shall advise the petitioner that they have a right to
court-appointed counsel and shall provide such counsel upon request.
Court proceedings under this section shall be confidential and
shall ensure the anonymity of the petitioner. All court proceedings
under this section shall be sealed. The petitioner has the right to
file their petition in the court using a pseudonym or using solely
their initials. All documents related to this petition shall be
confidential and shall not be available to the public. These
proceedings shall be given precedence over other pending matters to the
extent necessary to ensure that the court reaches a decision promptly.
The court shall rule, and issue written findings of fact and
conclusions of law, within forty-eight hours of the time that the
petition was filed, except that the forty-eight hour limitation may be
extended at the request of the petitioner. If the court fails to rule
within the forty-eight hour period and an extension was not requested,
the petition shall be deemed to have been granted, and the notification
requirement shall be waived.
In the case of a petition by a petitioner, if the court finds, by
clear and convincing evidence, that the petitioner is sufficiently
mature or able to make health care decisions, the court shall issue an
order authorizing the receipt of health care without the notification
of a parent or guardian. If the court does not make the finding that
the petitioner is sufficiently mature or able to make health care
decisions, it shall dismiss the petition.
In the case of a petition by a petitioner, if the court finds, by
clear and convincing evidence, that there is evidence of a pattern of
physical or sexual abuse by a parent or guardian of the petitioner, or
that the notification of a parent or guardian is not in the best
interest of the petitioner, the court shall issue an order authorizing
the receipt of health care without notification of a parent or
guardian. If the court does not make the finding that there is
evidence of a pattern of physical or sexual abuse by a parent or
guardian of the petitioner, or that the consent of a parent or guardian
is not in the best interest of the petitioner, it shall dismiss the
petition.
A court that conducts proceedings under this section shall issue
written and specific factual findings and legal conclusions supporting
its decision and shall order that a confidential record of the evidence
and the judge's findings and conclusions be maintained.
An expedited confidential appeal shall be available, as the supreme
court provides by rule, to a petitioner to whom the court denies a
waiver of notice. An order authorizing health care without notice
shall not be subject to appeal.
Filing fees shall not be required of a petitioner who petitions a
court for a waiver of parental notification under this section at
either the trial or the appellate level.
The supreme court is respectfully requested to establish rules to
ensure that proceedings under this section are handled in an
expeditious and confidential manner and to satisfy any requirements of
federal courts binding on this jurisdiction.
(4) For the purposes of this section, "health care" means any
mental or physical health service, including medical care; "medical
care" means any medical procedure, treatment, diagnosis, or examination
that involves the physical touching of the minor child, or any
consultation, that is performed by a person licensed in this state to
provide health care; and "physician" means a person licensed to
practice medicine or osteopathy in this state.
NEW SECTION. Sec. 3 A new section is added to chapter 26.28 RCW
to read as follows:
An invasive medical procedure may not be performed upon an
unemancipated minor child unless the physician has first notified the
child's parent or legal guardian.
This prior written consent requirement does not apply if, on the
basis of a physician's good faith clinical judgment, a medical
emergency exists that necessitates the immediate performance of an
invasive medical procedure so as to avert the death of the child or for
which a delay will create a serious risk of substantial and
irreversible impairment of a major bodily function.
The court shall advise the petitioner that they have a right to
court-appointed counsel and shall provide such counsel upon request.
Court proceedings under this section shall be confidential and
shall ensure the anonymity of the petitioner. All court proceedings
under this section shall be sealed. The petitioner has the right to
file their petition in the court using a pseudonym or using solely
their initials. All documents related to this petition shall be
confidential and shall not be available to the public. These
proceedings shall be given precedence over other pending matters to the
extent necessary to ensure that the court reaches a decision promptly.
The court shall rule, and issue written findings of fact and
conclusions of law, within forty-eight hours of the time that the
petition was filed, except that the forty-eight hour limitation may be
extended at the request of the petitioner. If the court fails to rule
within the forty-eight hour period and an extension was not requested,
the petition shall be deemed to have been granted, and the notification
requirement shall be waived.
In the case of a petition by a petitioner, if the court finds, by
clear and convincing evidence, that the petitioner is sufficiently
mature or able to decide whether to have an invasive procedure, the
court shall issue an order authorizing the performance of the invasive
procedure without the notification of a parent or guardian. If the
court does not make the finding that the petitioner is sufficiently
mature or able to decide whether to have the invasive procedure, it
shall dismiss the petition.
In the case of a petition by a petitioner, if the court finds, by
clear and convincing evidence, that there is evidence of a pattern of
physical or sexual abuse by a parent or guardian of the petitioner, or
that the notification of a parent or guardian is not in the best
interest of the petitioner, the court shall issue an order authorizing
the performance of the invasive procedure without notification of a
parent or guardian. If the court does not make the finding that there
is evidence of a pattern of physical or sexual abuse by a parent or
guardian of the petitioner, or that the consent of a parent or guardian
is not in the best interest of the petitioner, it shall dismiss the
petition.
A court that conducts proceedings under this section shall issue
written and specific factual findings and legal conclusions supporting
its decision and shall order that a confidential record of the evidence
and the judge's findings and conclusions be maintained.
An expedited confidential appeal shall be available, as the supreme
court provides by rule, to a petitioner to whom the court denies a
waiver of notice. An order authorizing an invasive procedure without
notice shall not be subject to appeal.
Filing fees shall not be required of a petitioner who petitions a
court for a waiver of parental notification under this section at
either the trial or the appellate level.
The supreme court is respectfully requested to establish rules to
ensure that proceedings under this section are handled in an
expeditious and confidential manner and to satisfy any requirements of
federal courts binding on this jurisdiction.
Sec. 4 RCW 70.96A.020 and 2001 c 13 s 1 are each amended to read
as follows:
For the purposes of this chapter the following words and phrases
shall have the following meanings unless the context clearly requires
otherwise:
(1) "Alcoholic" means a person who suffers from the disease of
alcoholism.
(2) "Alcoholism" means a disease, characterized by a dependency on
alcoholic beverages, loss of control over the amount and circumstances
of use, symptoms of tolerance, physiological or psychological
withdrawal, or both, if use is reduced or discontinued, and impairment
of health or disruption of social or economic functioning.
(3) "Approved treatment program" means a discrete program of
chemical dependency treatment provided by a treatment program certified
by the department of social and health services as meeting standards
adopted under this chapter.
(4) "Chemical dependency" means:
(a) Alcoholism; (b) drug addiction; or (c) dependence on alcohol
and one or more other psychoactive chemicals, as the context requires.
(5) "Chemical dependency program" means expenditures and activities
of the department designed and conducted to prevent or treat alcoholism
and other drug addiction, including reasonable administration and
overhead.
(6) "Department" means the department of social and health
services.
(7) "Designated chemical dependency specialist" or "specialist"
means a person designated by the county alcoholism and other drug
addiction program coordinator designated under RCW 70.96A.310 to
perform the commitment duties described in RCW 70.96A.140 and qualified
to do so by meeting standards adopted by the department.
(8) "Director" means the person administering the chemical
dependency program within the department.
(9) "Drug addict" means a person who suffers from the disease of
drug addiction.
(10) "Drug addiction" means a disease characterized by a dependency
on psychoactive chemicals, loss of control over the amount and
circumstances of use, symptoms of tolerance, physiological or
psychological withdrawal, or both, if use is reduced or discontinued,
and impairment of health or disruption of social or economic
functioning.
(11) "Emergency service patrol" means a patrol established under
RCW 70.96A.170.
(12) "Gravely disabled by alcohol or other psychoactive chemicals"
or "gravely disabled" means that a person, as a result of the use of
alcohol or other psychoactive chemicals: (a) Is in danger of serious
physical harm resulting from a failure to provide for his or her
essential human needs of health or safety; or (b) manifests severe
deterioration in routine functioning evidenced by a repeated and
escalating loss of cognition or volitional control over his or her
actions and is not receiving care as essential for his or her health or
safety.
(13) "History of one or more violent acts" refers to the period of
time ten years prior to the filing of a petition under this chapter,
excluding any time spent, but not any violent acts committed, in a
mental health facility, or a long-term alcoholism or drug treatment
facility, or in confinement.
(14) "Incapacitated by alcohol or other psychoactive chemicals"
means that a person, as a result of the use of alcohol or other
psychoactive chemicals, is gravely disabled or presents a likelihood of
serious harm to himself or herself, to any other person, or to
property.
(15) "Incompetent person" means a person who has been adjudged
incompetent by the superior court.
(16) "Intoxicated person" means a person whose mental or physical
functioning is substantially impaired as a result of the use of alcohol
or other psychoactive chemicals.
(17) "Licensed physician" means a person licensed to practice
medicine or osteopathic medicine and surgery in the state of
Washington.
(18) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted
by an individual upon his or her own person, as evidenced by threats or
attempts to commit suicide or inflict physical harm on one's self; (ii)
physical harm will be inflicted by an individual upon another, as
evidenced by behavior that has caused the harm or that places another
person or persons in reasonable fear of sustaining the harm; or (iii)
physical harm will be inflicted by an individual upon the property of
others, as evidenced by behavior that has caused substantial loss or
damage to the property of others; or
(b) The individual has threatened the physical safety of another
and has a history of one or more violent acts.
(19) "Medical necessity" for inpatient care of a minor means a
requested certified inpatient service that is reasonably calculated to:
(a) Diagnose, arrest, or alleviate a chemical dependency; or (b)
prevent the worsening of chemical dependency conditions that endanger
life or cause suffering and pain, or result in illness or infirmity or
threaten to cause or aggravate a handicap, or cause physical deformity
or malfunction, and there is no adequate less restrictive alternative
available.
(20) "Minor" means a person less than eighteen years of age.
(21) "Parent" means ((the parent or parents who have the legal
right to custody of the child. Parent includes custodian or guardian))
(a) a biological or adoptive parent who has legal custody of the child,
including either parent if custody is shared under a joint custody
agreement; or (b) a person or agency judicially appointed as legal
guardian or custodian of the child.
(22) "Peace officer" means a law enforcement official of a public
agency or governmental unit, and includes persons specifically given
peace officer powers by any state law, local ordinance, or judicial
order of appointment.
(23) "Person" means an individual, including a minor.
(24) "Professional person in charge" or "professional person" means
a physician or chemical dependency counselor as defined in rule by the
department, who is empowered by a certified treatment program with
authority to make assessment, admission, continuing care, and discharge
decisions on behalf of the certified program.
(25) "Secretary" means the secretary of the department of social
and health services.
(26) "Treatment" means the broad range of emergency,
detoxification, residential, and outpatient services and care,
including diagnostic evaluation, chemical dependency education and
counseling, medical, psychiatric, psychological, and social service
care, vocational rehabilitation and career counseling, which may be
extended to alcoholics and other drug addicts and their families,
persons incapacitated by alcohol or other psychoactive chemicals, and
intoxicated persons.
(27) "Treatment program" means an organization, institution, or
corporation, public or private, engaged in the care, treatment, or
rehabilitation of alcoholics or other drug addicts.
(28) "Violent act" means behavior that resulted in homicide,
attempted suicide, nonfatal injuries, or substantial damage to
property.
Sec. 5 RCW 70.96A.095 and 1998 c 296 s 23 are each amended to
read as follows:
((Any person thirteen years of age or older may give consent for
himself or herself to the furnishing of outpatient treatment by a
chemical dependency treatment program certified by the department.
Parental authorization is required for any treatment of a minor under
the age of thirteen.))
(1) An unemancipated minor child may not receive outpatient or
inpatient treatment without the consent of the minor child's parent or
legal guardian, except as authorized in this subsection. A minor child
thirteen years of age or older may request and receive outpatient or
inpatient treatment without the consent of the minor child's parent or
legal guardian only under the following circumstances:
(a)(i) If in the judgment of the professional person in charge of
an evaluation and treatment facility, there is reason to believe that
the minor child is in need of outpatient or inpatient treatment, and if
the minor child is in need of inpatient treatment, that the facility
provides the type of evaluation and treatment the minor child needs and
it is not feasible to treat the minor child in a less restrictive
setting.
(ii) The minor child signs a declaration stating that the minor
child is unable or unwilling to obtain the consent of the minor child's
parent or legal guardian to the treatment and the reason the minor
child is unable or unwilling to obtain the consent of a parent or legal
guardian.
(iii) The professional person in charge of the evaluation and
treatment facility provides notification of the treatment being
considered to either the minor child's parent or legal guardian or the
department of social and health services. The notification must be
provided after completion of the first visit for outpatient treatment
or within twenty-four hours after the minor child is admitted to the
treatment facility for inpatient treatment but in either case before
the minor child receives treatment. The notification must contain the
location and telephone number of the facility that would provide the
treatment and the name of the professional person on the staff of the
facility who is designated to discuss the minor child's need for
treatment with the parent.
(iv) If the department of social and health services receives
notification of treatment services to be provided to an unemancipated
minor child without the consent of the minor child's parent or legal
guardian under (a)(iii) of this subsection, the department shall notify
the minor's parent or legal guardian of the treatment services to be
provided to the minor child and the treatment facility's determination
that the minor child is in need of treatment, and shall provide
services designed to resolve the conflict existing between the minor
child and the minor child's parent or legal guardian that is resulting
in the minor child's inability to seek or obtain the consent of the
parent or legal guardian to the treatment.
(v)(A) If the parent or legal guardian refuses to give consent to
the treatment after notification from the treatment facility or the
department of social and health services, the facility may not provide
treatment to the minor child and must release the minor child from
inpatient treatment upon the request of the parent or legal guardian,
unless the facility files a petition with the superior court of the
county in which treatment is to be provided setting forth the basis for
the facility's belief that the minor child is in need of inpatient or
outpatient treatment and that release or failure to provide outpatient
treatment would constitute a threat to the minor child's health or
safety.
(B) The petition must be signed by the professional person in
charge of the facility or that person's designee.
(C) The parent or legal guardian may apply to the court for
separate counsel to represent the parent or legal guardian if the
parent or legal guardian cannot afford counsel.
(D) A hearing shall be held on the petition within three judicial
days from the filing of the petition.
(E) The hearing must be conducted by a judge, court commissioner,
or licensed attorney designated by the superior court as a hearing
officer for the hearing. The hearing may be held at the treatment
facility.
(F) The facility must demonstrate by a preponderance of the
evidence presented at the hearing that the minor child is in need of
inpatient or outpatient treatment and that release or failure to
provide outpatient treatment would constitute a threat to the minor
child's health or safety. The hearing shall not be conducted using the
rules of evidence, and the admission or exclusion of evidence sought to
be presented shall be within the exercise of sound discretion by the
judicial officer conducting the hearing.
(b)(i) If the minor child alleges that a parent or legal guardian
has committed abuse or neglect, as defined in RCW 26.44.020, against
the minor child or against another person residing in the home of the
minor child and expresses fear or distress at the prospect of the
parent or legal guardian being notified, the minor child shall include
the allegations in the minor child's signed declaration.
(ii) If the minor child alleges abuse or neglect has occurred and
expresses fear or distress at the prospect of notification of the minor
child's parent or legal guardian, the professional person in charge of
the evaluation and treatment facility shall notify local law
enforcement of the allegations. If the officer believes there is a
possibility that the minor child is experiencing child abuse or
neglect, as defined in RCW 26.44.020, the law enforcement officer shall
take the minor child to a designated crisis residential center's secure
facility or a semi-secure facility if a secure facility is full, not
available, or not located within a reasonable distance.
(iii) If a crisis residential center is full, not available, or not
located within a reasonable distance, the law enforcement officer may
request the department of social and health services to accept custody
of the minor child. If the department determines that an appropriate
placement is currently available, the department shall accept custody
and place the minor child in an out-of-home placement. If the
department declines to accept custody of the minor child, the officer
may release the minor child after attempting to take the minor child to
the following, in the order listed: The home of an adult extended
family member; a responsible adult; a licensed youth shelter and shall
immediately notify the department of social and health services if no
placement option is available and the minor child is released.
(iv) If it is determined under (b)(ii) of this subsection that
there is a possibility that the minor child is experiencing abuse or
neglect, the minor child may receive outpatient or inpatient treatment
without the consent of the parent or legal guardian if the professional
person in charge of the treatment facility determines that failure to
provide treatment would constitute a threat to the minor child's health
or safety.
(v) The law enforcement agency releasing the minor child shall
notify either the minor child's parent or legal guardian of the final
placement or disposition of the minor child.
(2) A parent or legal guardian is not liable for evaluation or
treatment costs provided to a minor child without the consent of the
parent or legal guardian.
Sec. 6 RCW 71.34.530 and 2006 c 93 s 4 are each amended to read
as follows:
((Any minor thirteen years or older may request and receive
outpatient treatment without the consent of the minor's parent.))
Written parental authorization, or authorization from a person who may
consent on behalf of the minor pursuant to RCW 7.70.065, is required
for outpatient or inpatient treatment of ((a minor under the age of
thirteen)) an unemancipated minor child except as provided in
subsection (3) of this section.
(1) When in the judgment of the professional person in charge of an
evaluation and treatment facility there is reason to believe that an
unemancipated minor child is in need of inpatient treatment because of
a mental disorder, and the facility provides the type of evaluation and
treatment needed by the minor child, and it is not feasible to treat
the minor child in any less restrictive setting or the minor child's
home, the minor child may be admitted to an evaluation and treatment
facility in accordance with the following requirements:
(a) An unemancipated minor child may be voluntarily admitted by
application of the parent. The consent of the minor child is not
required for the minor child to be evaluated and admitted as
appropriate.
(b) Written renewal of voluntary consent must be obtained from the
applicant no less than once every twelve months.
(c) The minor child's need for continued inpatient treatments shall
be reviewed and documented no less than every one hundred eighty days.
(2) An unemancipated minor child may not receive outpatient or
inpatient treatment without the consent of the minor's parent or legal
guardian, except as authorized in this subsection. An unemancipated
minor child thirteen years of age or older may request and receive
outpatient or inpatient mental health treatment without the consent of
the parent or legal guardian only under the following circumstances:
(a)(i) If in the judgment of the professional person in charge of
an evaluation and treatment facility, there is reason to believe that
the minor child is in need of outpatient or inpatient treatment, and if
the minor child is in need of inpatient treatment, that the facility
provides the type of evaluation and treatment the minor child needs and
it is not feasible to treat the minor child in a less restrictive
setting.
(ii) The minor child signs a declaration stating that the minor
child is unable or unwilling to obtain the consent of the minor's
parent or legal guardian to the treatment and the reason the minor
child is unable or unwilling to obtain the consent of a parent or legal
guardian.
(iii) The professional person in charge of the evaluation and
treatment facility provides notification of the treatment being
considered to either the minor's parent or legal guardian or the
department of social and health services. The notification must be
provided after completion of the first visit for outpatient treatment
or within twenty-four hours after the minor child is admitted to the
treatment facility for inpatient treatment but in either case before
the minor receives treatment. The notification must contain the
location and telephone number of the facility that would provide the
treatment and the name of the professional person on the staff of the
facility who is designated to discuss the minor child's need for
treatment with the parent or legal guardian.
(iv) If the department of social and health services receives
notification of treatment services to be provided to an unemancipated
minor child without the consent of the minor child's parent or legal
guardian under (a)(iii) of this subsection, the department shall notify
the minor's parent or legal guardian of the treatment services to be
provided to the minor child and the treatment facility's determination
that the minor is in need of treatment, and shall provide services
designed to resolve the conflict existing between the minor child and
the minor's parent or legal guardian that is resulting in the minor
child's inability to seek or obtain the consent of the parent or legal
guardian to the treatment.
(v)(A) If the parent or legal guardian refuses to give consent to
treatment after notification from the treatment facility or the
department, the facility may not provide treatment to the minor child
and must release the minor child from inpatient treatment upon the
request of the parent or legal guardian, unless the facility files a
petition with the superior court of the county in which treatment is to
be provided setting forth the basis for the facility's belief that the
minor child is in need of inpatient or outpatient treatment and that
release or failure to provide outpatient treatment would constitute a
threat to the minor child's health or safety.
(B) The petition must be signed by the professional person in
charge of the facility or that person's designee.
(C) The parent or legal guardian may apply to the court for
separate counsel to represent the parent or legal guardian if the
parent or legal guardian cannot afford counsel.
(D) A hearing on the petition must be held within three judicial
days from the filing of the petition.
(E) The hearing must be conducted by a judge, court commissioner,
or licensed attorney designated by the superior court as a hearing
officer for such hearing. The hearing may be held at the treatment
facility.
(F) The facility must demonstrate by a preponderance of the
evidence presented at the hearing that the minor child is in need of
inpatient or outpatient treatment and that release or failure to
provide outpatient treatment would constitute a threat to the minor
child's health or safety. The hearing shall not be conducted using the
rules of evidence, and the admission or exclusion of evidence sought to
be presented shall be within the exercise of sound discretion by the
judicial officer conducting the hearing.
(b)(i) If the minor child alleges that a parent or legal guardian
has committed abuse or neglect, as defined in RCW 26.44.020, against
the minor child or against another person residing in the home of the
minor child and expresses fear or distress at the prospect of the
parent or legal guardian being notified, the minor child shall include
the allegations in the minor child's signed declaration.
(ii) If the minor child alleges abuse or neglect has occurred and
expresses fear or distress at the prospect of notification of the minor
child's parent or legal guardian, the professional person in charge of
the evaluation and treatment facility shall notify local law
enforcement of the allegations. If the officer believes there is a
possibility that the minor child is experiencing child abuse or
neglect, as defined in RCW 26.44.020, the law enforcement officer shall
take the minor child to a designated crisis residential center's secure
facility or a semi-secure facility if a secure facility is full, not
available, or not located within a reasonable distance.
(iii) If a crisis residential center is full, not available, or not
located within a reasonable distance, the law enforcement officer may
request the department of social and health services to accept custody
of the minor child. If the department determines that an appropriate
placement is currently available, the department shall accept custody
and place the minor child in an out-of-home placement. If the
department declines to accept custody of the minor child, the officer
may release the minor child after attempting to take the minor child to
the following, in the order listed: The home of an adult extended
family member; a responsible adult; a licensed youth shelter; and shall
immediately notify the department of social and health services if no
placement option is available and the minor child is released.
(iv) If it is determined under (b)(ii) of this subsection that
there is a possibility that the minor child is experiencing abuse or
neglect, the minor child may receive outpatient or inpatient treatment
without the consent of the parent or legal guardian if the professional
person in charge of the treatment facility determines that failure to
provide treatment would constitute a threat to the minor child's health
or safety.
(v) The law enforcement agency releasing the minor child shall
notify either the minor child's parent or legal guardian of the final
placement or disposition of the minor child.
(3) A notice of intent to remove a minor child shall result in the
following:
(a) Any unemancipated minor child must be discharged immediately
upon request of the parent or legal guardian.
(b) The staff member receiving the notice shall date it
immediately, record its existence in the minor child's clinical record,
and send copies of it to the minor child's attorney, if any, the
designated mental health professional, and the parent or legal
guardian.
(4) The ability of a parent or legal guardian to apply to a
certified evaluation and treatment program for the involuntary
admission of his or her minor child does not create a right to obtain
or benefit from any funds or resources of the state. However, the
state may provide services for indigent minor children to the extent
that funds are available therefor.
(5) A parent or legal guardian is not liable for evaluation or
treatment costs provided to an unemancipated minor child without the
consent of the parent or legal guardian.
Sec. 7 RCW 70.24.105 and 1997 c 345 s 2 and 1997 c 196 s 6 are
each reenacted and amended to read as follows:
(1) No person may disclose or be compelled to disclose the identity
of any person who has investigated, considered, or requested a test or
treatment for a sexually transmitted disease, except as authorized by
this chapter.
(2) No person may disclose or be compelled to disclose the identity
of any person upon whom an HIV antibody test is performed, or the
results of such a test, nor may the result of a test for any other
sexually transmitted disease when it is positive be disclosed. This
protection against disclosure of test subject, diagnosis, or treatment
also applies to any information relating to diagnosis of or treatment
for HIV infection and for any other confirmed sexually transmitted
disease. The following persons, however, may receive such information:
(a) The subject of the test or the subject's legal representative
for health care decisions in accordance with RCW 7.70.065((, with the
exception of such a representative of a minor child over fourteen years
of age and otherwise competent));
(b) Any person who secures a specific release of test results or
information relating to HIV or confirmed diagnosis of or treatment for
any other sexually transmitted disease executed by the subject or the
subject's legal representative for health care decisions in accordance
with RCW 7.70.065((, with the exception of such a representative of a
minor child over fourteen years of age and otherwise competent));
(c) The state public health officer, a local public health officer,
or the centers for disease control of the United States public health
service in accordance with reporting requirements for a diagnosed case
of a sexually transmitted disease;
(d) A health facility or health care provider that procures,
processes, distributes, or uses: (i) A human body part, tissue, or
blood from a deceased person with respect to medical information
regarding that person; (ii) semen, including that provided prior to
March 23, 1988, for the purpose of artificial insemination; or (iii)
blood specimens;
(e) Any state or local public health officer conducting an
investigation pursuant to RCW 70.24.024, provided that such record was
obtained by means of court ordered HIV testing pursuant to RCW
70.24.340 or 70.24.024;
(f) A person allowed access to the record by a court order granted
after application showing good cause therefor. In assessing good
cause, the court shall weigh the public interest and the need for
disclosure against the injury to the patient, to the physician-patient
relationship, and to the treatment services. Upon the granting of the
order, the court, in determining the extent to which any disclosure of
all or any part of the record of any such test is necessary, shall
impose appropriate safeguards against unauthorized disclosure. An
order authorizing disclosure shall: (i) Limit disclosure to those
parts of the patient's record deemed essential to fulfill the objective
for which the order was granted; (ii) limit disclosure to those persons
whose need for information is the basis for the order; and (iii)
include any other appropriate measures to keep disclosure to a minimum
for the protection of the patient, the physician-patient relationship,
and the treatment services, including but not limited to the written
statement set forth in subsection (5) of this section;
(g) ((Local law enforcement agencies to the extent provided in RCW
70.24.034;)) Persons who, because of their behavioral interaction with the
infected individual, have been placed at risk for acquisition of a
sexually transmitted disease, as provided in RCW 70.24.022, if the
health officer or authorized representative believes that the exposed
person was unaware that a risk of disease exposure existed and that the
disclosure of the identity of the infected person is necessary;
(h)
(((i))) (h) A law enforcement officer, fire fighter, health care
provider, health care facility staff person, department of correction's
staff person, jail staff person, or other persons as defined by the
board in rule pursuant to RCW 70.24.340(4), who has requested a test of
a person whose bodily fluids he or she has been substantially exposed
to, pursuant to RCW 70.24.340(4), if a state or local public health
officer performs the test;
(((j))) (i) Claims management personnel employed by or associated
with an insurer, health care service contractor, health maintenance
organization, self-funded health plan, state-administered health care
claims payer, or any other payer of health care claims where such
disclosure is to be used solely for the prompt and accurate evaluation
and payment of medical or related claims. Information released under
this subsection shall be confidential and shall not be released or
available to persons who are not involved in handling or determining
medical claims payment; and
(((k))) (j) A department of social and health services worker, a
child placing agency worker, or a guardian ad litem who is responsible
for making or reviewing placement or case-planning decisions or
recommendations to the court regarding a child, who is less than
fourteen years of age, has a sexually transmitted disease, and is in
the custody of the department of social and health services or a
licensed child placing agency; this information may also be received by
a person responsible for providing residential care for such a child
when the department of social and health services or a licensed child
placing agency determines that it is necessary for the provision of
child care services.
(3) No person to whom the results of a test for a sexually
transmitted disease have been disclosed pursuant to subsection (2) of
this section may disclose the test results to another person except as
authorized by that subsection.
(4) The release of sexually transmitted disease information
regarding an offender or detained person, except as provided in
subsection (2)(e) of this section, shall be governed as follows:
(a) The sexually transmitted disease status of a department of
corrections offender who has had a mandatory test conducted pursuant to
RCW 70.24.340(1), 70.24.360, or 70.24.370 shall be made available by
department of corrections health care providers and local public health
officers to the department of corrections health care administrator or
infection control coordinator of the facility in which the offender is
housed. The information made available to the health care
administrator or the infection control coordinator under this
subsection (4)(a) shall be used only for disease prevention or control
and for protection of the safety and security of the staff, offenders,
and the public. The information may be submitted to transporting
officers and receiving facilities, including facilities that are not
under the department of corrections' jurisdiction according to the
provisions of (d) and (e) of this subsection.
(b) The sexually transmitted disease status of a person detained in
a jail who has had a mandatary test conducted pursuant to RCW
70.24.340(1), 70.24.360, or 70.24.370 shall be made available by the
local public health officer to a jail health care administrator or
infection control coordinator. The information made available to a
health care administrator under this subsection (4)(b) shall be used
only for disease prevention or control and for protection of the safety
and security of the staff, offenders, detainees, and the public. The
information may be submitted to transporting officers and receiving
facilities according to the provisions of (d) and (e) of this
subsection.
(c) Information regarding the sexually transmitted disease status
of an offender or detained person is confidential and may be disclosed
by a correctional health care administrator or infection control
coordinator or local jail health care administrator or infection
control coordinator only as necessary for disease prevention or control
and for protection of the safety and security of the staff, offenders,
and the public. Unauthorized disclosure of this information to any
person may result in disciplinary action, in addition to the penalties
prescribed in RCW 70.24.080 or any other penalties as may be prescribed
by law.
(d) Notwithstanding the limitations on disclosure contained in (a),
(b), and (c) of this subsection, whenever any member of a jail staff or
department of corrections staff has been substantially exposed to the
bodily fluids of an offender or detained person, then the results of
any tests conducted pursuant to RCW 70.24.340(1), 70.24.360, or
70.24.370, shall be immediately disclosed to the staff person in
accordance with the Washington Administrative Code rules governing
employees' occupational exposure to bloodborne pathogens. Disclosure
must be accompanied by appropriate counseling for the staff member,
including information regarding follow-up testing and treatment.
Disclosure shall also include notice that subsequent disclosure of the
information in violation of this chapter or use of the information to
harass or discriminate against the offender or detainee may result in
disciplinary action, in addition to the penalties prescribed in RCW
70.24.080, and imposition of other penalties prescribed by law.
(e) The staff member shall also be informed whether the offender or
detained person had any other communicable disease, as defined in RCW
72.09.251(3), when the staff person was substantially exposed to the
offender's or detainee's bodily fluids.
(f) The test results of voluntary and anonymous HIV testing or HIV-related condition may not be disclosed to a staff person except as
provided in subsection (2)(((i))) (h) of this section and RCW
70.24.340(4). A health care administrator or infection control
coordinator may provide the staff member with information about how to
obtain the offender's or detainee's test results under subsection
(2)(((i))) (h) of this section and RCW 70.24.340(4).
(5) Whenever disclosure is made pursuant to this section, except
for subsections (2)(a) and (6) of this section, it shall be accompanied
by a statement in writing which includes the following or substantially
similar language: "This information has been disclosed to you from
records whose confidentiality is protected by state law. State law
prohibits you from making any further disclosure of it without the
specific written consent of the person to whom it pertains, or as
otherwise permitted by state law. A general authorization for the
release of medical or other information is NOT sufficient for this
purpose." An oral disclosure shall be accompanied or followed by such
a notice within ten days.
(6) The requirements of this section shall not apply to the
customary methods utilized for the exchange of medical information
among health care providers in order to provide health care services to
the patient, nor shall they apply within health care facilities where
there is a need for access to confidential medical information to
fulfill professional duties.
(7) Upon request of the victim, disclosure of test results under
this section to victims of sexual offenses under chapter 9A.44 RCW
shall be made if the result is negative or positive. The county
prosecuting attorney shall notify the victim of the right to such
disclosure. Such disclosure shall be accompanied by appropriate
counseling, including information regarding follow-up testing.
Sec. 8 RCW 70.24.110 and 1988 c 206 s 912 are each amended to
read as follows:
((A minor fourteen years of age or older)) (1) An unemancipated
minor who may have come in contact with any sexually transmitted
disease or suspected sexually transmitted disease may ((give consent to
the furnishing of)) not receive hospital, medical ((and)), or surgical
care related to the diagnosis or treatment of such disease((. Such
consent shall not be subject to disaffirmance because of minority. The
consent of the parent, parents, or legal guardian of such minor shall
not be necessary to authorize hospital, medical and surgical care
related to such disease and such)) without the consent of the minor
child's parent, parents, or legal guardian ((shall not be liable for
payment for any care rendered pursuant to this section)), except under
the following circumstances:
(a)(i) If in the judgment of the treatment provider, there is
reason to believe that the minor child is in need of treatment for a
sexually transmitted disease.
(ii) The minor child signs a declaration stating that the minor
child is unable or unwilling to obtain the consent of the minor child's
parent or legal guardian to the treatment and the reason the minor
child is unable or unwilling to obtain the consent of a parent or legal
guardian.
(iii) The treatment provider provides notification of the treatment
being considered to either the minor child's parent or legal guardian
or the department of social and health services. The notification must
be provided after completion of the first visit and before the minor
receives treatment. The notification must contain the location and
telephone number of the facility that would provide the treatment and
the name of the treatment provider who is designated to discuss the
minor child's need for treatment with the parent or legal guardian.
(iv) If the department of social and health services receives
notification of treatment services to be provided to an unemancipated
minor child without the consent of the minor child's parent or legal
guardian under (a)(iii) of this subsection, the department shall notify
the minor's parent or legal guardian of the treatment services to be
provided to the minor child and the treatment provider's determination
that the minor child is in need of treatment, and shall provide
services designed to resolve the conflict existing between the minor
child and the minor child's parent or legal guardian that is resulting
in the minor child's inability to seek or obtain the consent of the
parent or legal guardian to the treatment.
(v)(A) If the parent or legal guardian refuses to give consent to
the treatment after notification from the treatment provider or the
department of social and health services, the treatment provider may
not provide treatment to the minor child, unless the treatment provider
files a petition with the superior court of the county in which
treatment is to be provided setting forth the basis for the treatment
provider's belief that the minor child is in need of treatment and that
failure to provide treatment would constitute a threat to the minor
child's health or safety.
(B) The petition must be signed by the treatment provider or that
person's designee.
(C) The parent or legal guardian may apply to the court for
separate counsel to represent the parent or legal guardian if the
parent or legal guardian cannot afford counsel.
(D) A hearing must be held on the petition within three judicial
days from the filing of the petition.
(E) The hearing must be conducted by a judge, court commissioner,
or licensed attorney designated by the superior court as a hearing
officer for the hearing.
(F) The treatment provider must demonstrate by a preponderance of
the evidence presented at the hearing that the minor child is in need
of treatment and that failure to provide treatment would constitute a
threat to the minor child's health or safety. The hearing shall not be
conducted using the rules of evidence, and the admission or exclusion
of evidence sought to be presented shall be within the exercise of
sound discretion by the judicial officer conducting the hearing.
(b)(i) If the minor child alleges that a parent or legal guardian
has committed abuse or neglect, as defined in RCW 26.44.020, against
the minor child or against another person residing in the home of the
minor child and expresses fear or distress at the prospect of the
parent or legal guardian being notified, the minor child shall include
the allegations in the minor child's signed declaration.
(ii) If the minor child alleges abuse or neglect has occurred and
expresses fear or distress at the prospect of notification of the minor
child's parent or legal guardian, the treatment provider shall notify
local law enforcement of the allegations. If the officer believes
there is a possibility that the minor child is experiencing child abuse
or neglect, as defined in RCW 26.44.020, the law enforcement officer
shall take the minor child to a designated crisis residential center's
secure facility or a semi-secure facility if a secure facility is full,
not available, or not located within a reasonable distance.
(iii) If a crisis residential center is full, not available, or not
located within a reasonable distance, the law enforcement officer may
request the department of social and health services to accept custody
of the minor child. If the department determines that an appropriate
placement is currently available, the department shall accept custody
and place the minor child in an out-of-home placement. If the
department declines to accept custody of the minor child, the officer
may release the minor child after attempting to take the minor child to
the following, in the order listed: The home of an adult extended
family member; a responsible adult; a licensed youth shelter and shall
immediately notify the department of social and health services if no
placement option is available and the minor child is released.
(iv) If it is determined under (b)(ii) of this subsection that
there is a possibility that the minor child is experiencing abuse or
neglect, the minor child may receive treatment without the consent of
the parent or legal guardian if the treatment provider determines that
failure to provide treatment would constitute a threat to the minor
child's health or safety.
(v) The law enforcement agency releasing the minor child shall
notify either the minor child's parent or legal guardian of the final
placement or disposition of the minor child.
(2) A parent or legal guardian is not liable for payment for the
costs of evaluating and treating a minor child for a sexually
transmitted disease if the parent or legal guardian did not consent to
the treatment.
Sec. 9 RCW 13.32A.082 and 2010 c 229 s 2 are each amended to read
as follows:
(1)(a) Except as provided in (b) of this subsection, any person,
including unlicensed youth shelters or runaway and homeless youth
programs, who, without legal authorization, provides shelter to a minor
and who knows at the time of providing the shelter that the minor is
away from the parent's home without the permission of the parent, or
other lawfully prescribed residence, shall promptly report the location
of the child to the parent, the law enforcement agency of the
jurisdiction in which the person lives, or the department.
(b)(i) If a licensed overnight youth shelter, or another licensed
organization whose stated mission is to provide services to homeless or
runaway youth and their families, provides shelter to a minor and knows
at the time of providing the shelter that the minor is away from a
lawfully prescribed residence or home without parental permission, it
shall contact the youth's parent, preferably within twenty-four hours
but within no more than seventy-two hours following the time that the
youth is admitted to the shelter or other licensed organization's
program. The notification must include the whereabouts of the youth,
a description of the youth's physical and emotional condition, and the
circumstances surrounding the youth's contact with the shelter or
organization. If there are compelling reasons not to notify the
parent, the shelter or organization shall instead notify the
department.
(ii) At least once every eight hours after learning that a youth
receiving services or shelter under this section is away from home
without permission, the shelter or organization staff must consult the
information that the Washington state patrol makes publicly available
under RCW 43.43.510(2). If the youth is publicly listed as missing,
the shelter or organization shall immediately notify the department of
its contact with the youth listed as missing. The notification must
include a description of the youth's physical and emotional condition
and the circumstances surrounding the youth's contact with the shelter
or organization.
(c) Reports required under this section may be made by telephone or
any other reasonable means.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this section.
(a) "Shelter" means the person's home or any structure over which
the person has any control.
(b) "Promptly report" means to report within eight hours after the
person has knowledge that the minor is away from a lawfully prescribed
residence or home without parental permission.
(c) "Compelling reasons" include, but are not limited to,
circumstances that indicate that notifying the parent or legal guardian
will subject the child to abuse or neglect as defined in chapter 26.44
RCW.
(3) When the department receives a report under subsection (1) of
this section, it shall make a good faith attempt to notify the parent
that a report has been received and offer services designed to resolve
the conflict and accomplish a reunification of the family.
(4) Nothing in this section prohibits any person from immediately
reporting the identity and location of any minor who is away from a
lawfully prescribed residence or home without parental permission more
promptly than required under this section.
(5) A violation of subsection (1) of this section is a misdemeanor.
(6) This section expires July 1, 2012.
NEW SECTION. Sec. 10 A new section is added to chapter 28A.320
RCW to read as follows:
A student may attend or participate in a public school-sponsored
class, program, or activity that concerns suicide or euthanasia, or
includes human sexuality issues dealing with sex education, sexually
transmitted diseases, contraception, or sexual orientation, only if the
school has on file a signed confirmation from the parent that the
parent has received notification that the class, program, or activity
concerns suicide or euthanasia, or includes human sexuality issues
dealing with sex education, sexually transmitted diseases,
contraception, or sexual orientation and the parent approves of his or
her child's participation in the specific class, program, or activity.
A school or school district may comply with the notification
requirement in this section by notifying the parent at least once per
school year of the planned classes, programs, or activities.
Sec. 11 RCW 28A.230.070 and 1994 c 245 s 7 are each amended to
read as follows:
(1) The life-threatening dangers of acquired immunodeficiency
syndrome (AIDS) and its prevention shall be taught in the public
schools of this state. AIDS prevention education shall be limited to
the discussion of the life-threatening dangers of the disease, its
spread, and prevention. Students shall receive such education at least
once each school year beginning no later than the fifth grade.
(2) Each district board of directors shall adopt an AIDS prevention
education program which is developed in consultation with teachers,
administrators, parents, and other community members including, but not
limited to, persons from medical, public health, and mental health
organizations and agencies so long as the curricula and materials
developed for use in the AIDS education program either (a) are the
model curricula and resources under subsection (3) of this section, or
(b) are developed by the school district and approved for medical
accuracy by the office on AIDS established in RCW 70.24.250. If a
district elects to use curricula developed by the school district, the
district shall submit to the office on AIDS a copy of its curricula and
an affidavit of medical accuracy stating that the material in the
district-developed curricula has been compared to the model curricula
for medical accuracy and that in the opinion of the district the
district-developed materials are medically accurate. Upon submission
of the affidavit and curricula, the district may use these materials
until the approval procedure to be conducted by the office of AIDS has
been completed.
(3) Model curricula and other resources available from the
superintendent of public instruction may be reviewed by the school
district board of directors, in addition to materials designed locally,
in developing the district's AIDS education program. The model
curricula shall be reviewed for medical accuracy by the office on AIDS
established in RCW 70.24.250 within the department of social and health
services.
(4) Each school district shall, at least one month before teaching
AIDS prevention education in any classroom, conduct at least one
presentation during weekend and evening hours for the parents and
guardians of students concerning the curricula and materials that will
be used for such education. The parents and guardians shall be
notified by the school district of the presentation and that the
curricula and materials are available for inspection. ((No)) A student
may ((be required to)) participate in AIDS prevention education only if
the ((student's)) school has on file a signed confirmation from the
parent or guardian((, having attended one of the district
presentations, objects in writing to the participation)), approving of
his or her child's participation in the AIDS prevention education.
(5) The office of the superintendent of public instruction with the
assistance of the office on AIDS shall update AIDS education curriculum
material as newly discovered medical facts make it necessary.
(6) The curriculum for AIDS prevention education shall be designed
to teach students which behaviors place a person dangerously at risk of
infection with the human immunodeficiency virus (HIV) and methods to
avoid such risk including, at least:
(a) The dangers of drug abuse, especially that involving the use of
hypodermic needles; and
(b) The dangers of sexual intercourse, with or without condoms.
(7) The program of AIDS prevention education shall stress the life-threatening dangers of contracting AIDS and shall stress that
abstinence from sexual activity is the only certain means for the
prevention of the spread or contraction of the AIDS virus through
sexual contact. It shall also teach that condoms and other artificial
means of birth control are not a certain means of preventing the spread
of the AIDS virus and reliance on condoms puts a person at risk for
exposure to the disease.
Sec. 12 RCW 46.20.292 and 1979 c 61 s 8 are each amended to read
as follows:
The department may suspend, revoke, restrict, or condition any
driver's license upon a showing of its records that the licensee has
been found by a juvenile court, chief probation officer, or any other
duly authorized officer of a juvenile court to have committed any
offense or offenses which under Title 46 RCW constitutes grounds for
said action. If the department takes an action to suspend, revoke,
restrict, or condition the driver's license of a juvenile who is a
minor, the department shall give written notice of the action to a
parent or legal guardian of the juvenile.
NEW SECTION. Sec. 13 This act may be known and cited as the
restoration of parents' rights act.
NEW SECTION. Sec. 14 The provisions of this act must be
liberally construed to effectuate the policies and purposes of this
act. In the event of conflict between this act and any other provision
of law, the provisions of this act govern.
NEW SECTION. Sec. 15 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.