Chapter 13.32A RCW

FAMILY RECONCILIATION ACT

Sections

13.32A.010Legislative findings and intent.
13.32A.015At-risk youth servicesIntent.
13.32A.020Short title.
13.32A.030DefinitionsRegulating leave from semi-secure facility.
13.32A.040Family reconciliation services.
13.32A.080Unlawful harboring of a minorPenaltyDefenseProsecution of adult for involving child in commission of offense.
13.32A.082Providing shelter to minorRequirement to notify parent, law enforcement, or department.
13.32A.084Providing shelter to minorImmunity from liability.
13.32A.085Unlicensed youth shelter or unlicensed runaway and homeless youth programPrivate right of action or claim.
13.32A.086Duty of law enforcement agencies to identify runaway children under RCW 43.43.510.
13.32A.100Family reconciliation services for child in out-of-home placement.
13.32A.110Interstate compact to apply, when.
13.32A.120Out-of-home placementAgreement, continuationPetition to approve or continue.
13.32A.125Temporary out-of-home placement in semi-secure crisis residential center.
13.32A.128Child admitted to secure facilityLimitations.
13.32A.140Out-of-home placementChild in need of services petition by departmentProcedure.
13.32A.150Out-of-home placementChild in need of services petition by child or parent.
13.32A.152Child in need of services petitionService on parentsNotice to departmentPetitions regarding Indian children.
13.32A.160Out-of-home placementCourt action upon filing of child in need of services petitionChild placement.
13.32A.170Out-of-home placementFact-finding hearing.
13.32A.175Out-of-home placementContribution to child's supportEnforcement of order.
13.32A.177Out-of-home placementDetermination of support payments.
13.32A.178Out-of-home placementChild supportExceptions.
13.32A.179Out-of-home placementDisposition hearingCourt orderDispositional planChild subject to contempt proceedingsDismissal of order at request of department or parent.
13.32A.180Out-of-home placementCourt orderNo placement in secure residence.
13.32A.190Out-of-home placement dispositional orderReview hearingsTime limitation on out-of-home placementTermination of placement at request of parent.
13.32A.191At-risk youthPetition by parent.
13.32A.192At-risk youth petitionPrehearing procedures.
13.32A.194At-risk youth petitionCourt procedures.
13.32A.196At-risk youth petitionDispositional hearing.
13.32A.197Disposition hearingAdditional orders for specialized treatmentReview hearingsLimitationUse of state funds.
13.32A.198At-risk youthReview by court.
13.32A.200Hearings under chapterTime or placePublic excluded.
13.32A.205Acceptance of petitions by courtDamages.
13.32A.210Foster home placementParental preferences.
13.32A.250Failure to comply with order as civil contemptMotionPenalties.
13.32A.270Youth who have been divertedAlleged prostitution or prostitution loitering offensesServices and treatment.
13.32A.300No entitlement to services created by chapter.

NOTES:

Consistency required in administration of statutes applicable to runaway youth, at-risk youth, and families in conflict: RCW 43.20A.770.
Family preservation services: Chapter 74.14C RCW.
Foster placement prevention: Chapter 74.14C RCW.
Implementation of chapters 13.32A and 13.34 RCW: RCW 74.13.036.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Services for families-in-conflict: RCW 74.14A.020.
Transitional treatment program for gang and drug-involved juvenile offenders: RCW 13.40.310.


13.32A.010
Legislative findings and intent.

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 in need of services and at-risk youth 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.

NOTES:

*Reviser's note: RCW 74.13.033 was recodified as RCW 43.185C.305 pursuant to 2015 c 69 § 30.
Short title1995 c 312: "This act may be known and cited as the "Becca bill."" [ 1995 c 312 § 2.]
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.015
At-risk youth services—Intent.

It is the intent of the legislature to:
(1) Preserve, strengthen, and reconcile families experiencing problems with at-risk youth;
(2) Provide a legal process by which parents who are experiencing problems with at-risk youth 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 petition or receive juvenile court assistance in dealing with an at-risk youth. The purpose of chapter 276, Laws of 1990 is to create a process by which a parent of an at-risk youth 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.



13.32A.020
Short title.

This chapter shall be known and may be cited as the family reconciliation act.

NOTES:

Conflict with federal requirements1990 c 276: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1990 c 276 § 19.]
Severability1990 c 276: "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." [ 1990 c 276 § 20.]
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.030
Definitions—Regulating leave from semi-secure facility.

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 that indicate 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" 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," "youth," and "minor" mean any unemancipated individual who is under the chronological age of eighteen years.
(5) "Child in need of services" 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 any 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;
(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 use, 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; or
(d) Who is a "sexually exploited child."
(6) "Child 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 that has the legal right to custody of the child.
(9) "Department" means the department of children, youth, and families.
(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 the 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 legal right to 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 or a child in need of services and his or her parent. The team must include the parent, a department caseworker, 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 must 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) "Sexually exploited child" means any person under the age of eighteen who is a victim of the crime of commercial sex abuse of a minor under RCW 9.68A.100, promoting commercial sexual abuse of a minor under RCW 9.68A.101, or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102.
(18) "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.
(19) "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.

NOTES:

Effective date2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date2010 c 289: "Section 1 of this act takes effect July 1, 2011." [ 2010 c 289 § 2.]
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Severability1985 c 257: See note following RCW 13.34.165.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.040
Family reconciliation services.

Families who are in conflict or who are experiencing problems with at-risk youth or a child 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, children 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.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.
Effective date1994 c 304: See note following RCW 28A.635.060.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Severability1981 c 298: "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." [ 1981 c 298 § 20.]
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.080
Unlawful harboring of a minor—Penalty—Defense—Prosecution of adult for involving child in commission of offense.

(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
(2) Unlawful harboring of a minor is punishable as a gross misdemeanor.
(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.

NOTES:

FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.082
Providing shelter to minor—Requirement to notify parent, law enforcement, or department.

(1)(a) Except as provided in (b) of this subsection, any person, unlicensed youth shelter, or runaway and homeless youth program that, without legal authorization, provides shelter to a minor and that knows at the time of providing the shelter that the minor is away from a lawfully prescribed residence or home without parental permission, 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 with a stated mission to provide services to homeless or runaway youth and their families, shelters a child and knows at the time of providing the shelter that the child is away from a lawfully prescribed residence or home without parental permission, it must contact the youth's parent within seventy-two hours, but preferably within twenty-four 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 must 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 must immediately notify the department of its contact with the youth listed as missing. The notification must include a description of the minor'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 minor to abuse or neglect as defined in RCW 26.44.020.
(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, unlicensed youth shelter, or runaway and homeless youth program 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.

NOTES:

Effective date2011 c 151 § 1: "Section 1 of this act takes effect July 1, 2012." [ 2011 c 151 § 2.]
Findings2010 c 229: "The legislature finds that youth services provide safety to youth on the streets and are a critical pathway to ensuring the youth's return home. Runaway youth are without protection, live under the threat of violence, and fall victim to predators who exploit their vulnerability. The policy of this state is to provide assistance to youth in crisis and to protect and preserve families. In order to effectively serve youth on the streets and promote their safe return home, shelters must have the time to establish and maintain an environment that facilitates open communication and trust.
The legislature also finds that parents of runaway youth have an interest in knowing their sons and daughters are safe in a shelter, rather than on the streets without protection. The legislature further finds that law enforcement and the department can notify a parent that the youth is safe, without disclosing the youth's location or compromising the ability of youth services providers to effectively assist youth in crisis." [ 2010 c 229 § 1.]
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.084
Providing shelter to minor—Immunity from liability.

If a person provides the notice required in RCW 13.32A.082, he or she is immune from liability for any cause of action arising from providing shelter to the child. The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.085
Unlicensed youth shelter or unlicensed runaway and homeless youth program—Private right of action or claim.

A private right of action or claim on the part of a parent is created against an unlicensed youth shelter or unlicensed runaway and homeless youth program that fails to meet the reporting requirements in RCW 13.32A.082(1) (a), (b), and (c).

NOTES:

Findings2010 c 229: See note following RCW 13.32A.082.



13.32A.086
Duty of law enforcement agencies to identify runaway children under RCW 43.43.510.

Whenever a law enforcement agency receives a report from a parent that his or her child, or child over whom the parent has custody, has without permission of the parent left the home or residence lawfully prescribed for the child under circumstances where the parent believes that the child has run away from the home or the residence, the agency shall provide for placing information identifying the child in files under RCW 43.43.510.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.100
Family reconciliation services for child in out-of-home placement.

Where a child is placed in an out-of-home placement pursuant to *RCW 13.32A.090(3)(d)(ii), the department shall make available family reconciliation services in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent.

NOTES:

*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 § 30.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.110
Interstate compact to apply, when.

If a child who has a legal residence outside the state of Washington is admitted to a crisis residential center or is released by a law enforcement officer to the department, and the child refuses to return home, the provisions of *RCW 13.24.010 shall apply.

NOTES:

*Reviser's note: RCW 13.24.010 was repealed by 2003 c 180 § 3, effective August 26, 2008.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.
Interstate compact on juveniles: Chapter 13.24 RCW.



13.32A.120
Out-of-home placement—Agreement, continuation—Petition to approve or continue.

(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 in need of services petition to approve an out-of-home placement or the parent may file an at-risk youth 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 in need of services petition to continue an out-of-home placement or the parent may file an at-risk youth petition.

NOTES:

*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 § 30.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.125
Temporary out-of-home placement in semi-secure crisis residential center.

In approving a petition under this chapter, a child may be placed in a semi-secure crisis residential center as a temporary out-of-home placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no child will be denied access for a five-day placement due to this placement.
Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself or herself shall have priority over a temporary out-of-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home placement as necessary to ensure access for youth needing the semi-secure crisis residential center.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.128
Child admitted to secure facility—Limitations.

The department may take a runaway youth to a secure facility after attempting to notify the parent of the child's whereabouts. The department may not take a child to a secure facility if the department has reasonable cause to believe that the reason for the child's runaway status is the result of abuse or neglect.



13.32A.140
Out-of-home placement—Child in need of services petition by department—Procedure.

Unless the department files a dependency petition, the department shall file a child 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 in need of services petition has been filed by either the child or parent;
(e) The parent has not filed an at-risk youth 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 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 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 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 in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.

NOTES:

*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 § 30.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.150
Out-of-home placement—Child in need of services petition by child or parent.

*** CHANGE IN 2019 *** (SEE 5290-S2.SL) ***
(1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth 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 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 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.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Part headings not lawSeverability1992 c 205: See notes following RCW 13.40.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.152
Child in need of services petition—Service on parents—Notice to department—Petitions regarding Indian children.

(1) Whenever a child 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 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) When a child in need of services petition is filed by the department, and the court or the petitioning party knows or has reason to know that an Indian child is involved, the provisions of chapter 13.38 RCW apply.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.160
Out-of-home placement—Court action upon filing of child in need of services petition—Child placement.

*** CHANGE IN 2019 *** (SEE 1657.SL) ***
(1) When a proper child 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 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 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 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.

NOTES:

*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 §§ 301, 601, and 701.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.170
Out-of-home placement—Fact-finding hearing.

(1) The court shall hold a fact-finding hearing to consider a proper child 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 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 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 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 petition filed by the parents and dismiss the child 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.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Severability1985 c 257: See note following RCW 13.34.165.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.175
Out-of-home placement—Contribution to child's support—Enforcement of order.

In any proceeding in which the court approves an out-of-home placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving out-of-home placement shall be in compliance with the provisions of RCW 26.23.050.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.
Effective date1987 c 435: See RCW 26.23.900.
Severability1981 c 298: See note following RCW 13.32A.040.



13.32A.177
Out-of-home placement—Determination of support payments.

A determination of support payments ordered under RCW 13.32A.175 shall be based upon chapter 26.19 RCW.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.
Effective datesSeverability1988 c 275: See notes following RCW 26.19.001.



13.32A.178
Out-of-home placement—Child support—Exceptions.

The department shall promulgate rules that create good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement under chapter 13.34 or 13.32A RCW that do not violate federal funding requirements.

NOTES:

Effective date2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements2017 3rd sp.s. c 6: See RCW 43.216.908.



13.32A.179
Out-of-home placement—Disposition hearing—Court order—Dispositional plan—Child subject to contempt proceedings—Dismissal of order at request of department or parent.

(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 petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child 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 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.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.180
Out-of-home placement—Court order—No placement in secure residence.

(1) If the court orders a three-month out-of-home placement for the child, the court shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes.
(2) No placement made pursuant to this section may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.190
Out-of-home placement dispositional order—Review hearings—Time limitation on out-of-home placement—Termination of placement at request of parent.

(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 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 in need of services proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.191
At-risk youth—Petition by parent.

(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. 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;
(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 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.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.192
At-risk youth petition—Prehearing procedures.

(1) When a proper at-risk youth 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; 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 in need of services petition and an at-risk youth petition have been filed with regard to the same child, the petitions and proceedings shall be consolidated as an at-risk youth 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 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.

NOTES:

*Reviser's note: RCW 13.32A.065 was recodified as RCW 43.185C.270 pursuant to 2015 c 69 § 30.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.



13.32A.194
At-risk youth petition—Court procedures.

(1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition. The court shall grant the petition and enter an order finding the child to be an at-risk youth 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 petition, a statement of the written reasons shall be entered into the records. If the court denies an at-risk youth 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.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.



13.32A.196
At-risk youth petition—Dispositional hearing.

(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, 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 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.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.
FindingsConstructionConflict with federal requirements1991 c 364: See notes following RCW 71.05.210.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.



13.32A.197
Disposition hearing—Additional orders for specialized treatment—Review hearings—Limitation—Use of state funds.

(1) In a disposition hearing, after a finding that a child is a child in need of services or an at-risk youth, 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].
(3) Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of a child in need of services or an at-risk youth 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.

NOTES:

Findings1996 c 133: "The legislature finds that no children should be exposed to the dangers inherent in living on the streets. The legislature further finds that there are children who are not mentally ill or chemically dependent who are living on the street in dangerous situations. These children through their at-risk behavior place themselves at great personal risk and danger. The legislature further finds that these children with at-risk behaviors should receive treatment for their problems that result in excessive opposition to parental authority." [ 1996 c 133 § 1.]
Short title1996 c 133: "This act shall be known and cited as the "Becca Too" bill." [ 1996 c 133 § 2.]
IntentConstruction1996 c 133: "It is the intent of the legislature that the changes in this act be construed to expedite the administrative and judicial processes provided for in the existing and amended statutes to assist in assuring that children placed in a crisis residential center have an appropriate placement available to them at the conclusion of their stay at the center." [ 1996 c 133 § 38.]



13.32A.198
At-risk youth—Review by court.

(1) Upon making a disposition regarding an adjudicated at-risk youth, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing.
(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 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 proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

NOTES:

Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.



13.32A.200
Hearings under chapter—Time or place—Public excluded.

(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 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 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 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 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.

NOTES:

Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



13.32A.205
Acceptance of petitions by court—Damages.

No superior court may refuse to accept for filing a properly completed and presented child in need of services petition or an at-risk youth 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.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.



13.32A.210
Foster home placement—Parental preferences.

In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. Preferences such as family constellation, ethnicity, and religion shall be given consideration when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and should be integrated through the foster care team.

NOTES:

FindingEffective date1990 c 284: See notes following RCW 74.13.250.



13.32A.250
Failure to comply with order as civil contempt—Motion—Penalties.

*** CHANGE IN 2019 *** (SEE 5290-S2.SL) ***
(1) In all child in need of services proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. Except as otherwise provided in this section, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.
(2) Failure by a party to comply with an order entered under this chapter is a civil contempt of court as provided in RCW 7.21.030(2)(e), subject to the limitations of subsection (3) of this section.
(3) The court may impose remedial sanctions including a fine of up to one hundred dollars and confinement for up to seven days, or both for contempt of court under this section.
(4) A child placed in confinement for contempt under this section shall be placed in confinement only 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.

NOTES:

*Reviser's note: RCW 13.32A.065 was recodified as RCW 43.185C.270 pursuant to 2015 c 69 § 30.
Effective date2000 c 162 §§ 11-17: See note following RCW 43.185C.265.
FindingsIntent1998 c 296 §§ 36-39: See note following RCW 7.21.030.
FindingsIntentPart headings not lawShort title1998 c 296: See notes following RCW 74.13.025.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Severability1981 c 298: See note following RCW 13.32A.040.



13.32A.270
Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.

Within available funding, when a youth who has been diverted under RCW 13.40.070 for an alleged offense of prostitution or prostitution loitering is referred to the department, the department shall connect that child with the services and treatment specified in RCW * 74.14B.060 and 74.14B.070.

NOTES:

*Reviser's note: RCW 74.14B.060 was repealed by 2012 c 29 § 14.



13.32A.300
No entitlement to services created by chapter.

Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision at public expense of services to any person or family where the department has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.

NOTES:

Short title1995 c 312: See note following RCW 13.32A.010.