(1) It is the intent of the legislature that the department offer voluntary out-of-home services in cases where the sole reason for the child's out-of-home services is due to the child's developmental disability and the parent, guardian, or legal custodian has determined that the child would benefit from services outside of the home. If the department does not offer out-of-home services, a petition may be filed and an action pursued under chapter 13.34 RCW.

(2) Nothing in this section prevents the department of children, youth, and families from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030.

(3) The department must adopt rules for out-of-home services.

(4) As used in this section, "out-of-home services" means the services provided to a child by a provider that is licensed to serve children under chapter 74.15 RCW and is contracted by the department or provided by a state-operated community program of the developmental disabilities administration.