Chapter 43.185C RCW

HOMELESS HOUSING AND ASSISTANCE

Sections

43.185C.005Findings.
43.185C.010Definitions.
43.185C.020Homeless housing program.
43.185C.030Washington homeless census or countConfidentialityOnline information and referral systemOrganizational quality management system.
43.185C.040Homeless housing strategic planProgram outcomes and performance measures and goalsCoordinationStatewide data gathering instrumentReports.
43.185C.045Homeless housing strategic planAnnual report of department and local governments.
43.185C.050Local homeless housing plans.
43.185C.060Home security fund accountExpenditure review.
43.185C.061Home security fund accountExemptions from set aside.
43.185C.070Grant applications.
43.185C.080Homeless housing grantsParticipation.
43.185C.090Allocation of grant moneysIssuance of criteria or guidelines.
43.185C.100Technical assistance.
43.185C.110Progress reportsUniform process.
43.185C.120Rules.
43.185C.130Protection of state's interest in grant program projects.
43.185C.140Public assistance eligibilityPayments exempt.
43.185C.150Expenditures within authorized fundsExisting expenditures not reduced or supplanted.
43.185C.160County homeless housing task forcesHomeless housing plansReports by counties.
43.185C.170Interagency council on homelessnessDutiesReports.
43.185C.180Washington homeless client management information system.
43.185C.190Affordable housing for all account.
43.185C.200Transitional housing assistance to offendersPilot program.
43.185C.210Transitional housing operating and rent program.
43.185C.215Transitional housing operating and rent account.
43.185C.220Essential needs and housing support programDistribution of funds.
43.185C.230Verification of eligibilityMedical care services.
43.185C.250Youth servicesDuties of crisis residential center administrator and departmentMultidisciplinary team.
43.185C.255Youth servicesMultidisciplinary teamDuties.
43.185C.260Youth servicesOfficer taking child into custodyAuthorizationDuration of custodyTransporting to crisis residential centerReport on suspected abuse or neglect.
43.185C.265Youth servicesOfficer taking child into custodyProcedureTransporting to home, crisis residential center, custody of department of social and health services, or juvenile detention facility.
43.185C.275Youth servicesImmunity from liability for law enforcement officer and person with whom child is placed.
43.185C.280Youth servicesDuty to inform parentsTransportation to child's home or out-of-home placementNotice to department of social and health services.
43.185C.285Youth servicesUnauthorized leave from crisis residential centerNotice to parents, law enforcement, and the department of children, youth, and families.
43.185C.290Youth servicesChild admitted to secure facilityMaximum hours of custodyEvaluation for semi-secure facility or release to department of social and health servicesParental right to remove childReconciliation effortInformation to parent and childWritten statement of services and rightsCrisis residential center immunity from liability.
43.185C.295Youth servicesCrisis residential centersEstablishmentStaffDutiesSemi-secure facilitiesSecure facilities.
43.185C.2951Youth servicesCrisis residential centersIncremental increase in beds.
43.185C.300Youth servicesSecure facilitiesLimit on reimbursement or compensation.
43.185C.305Youth servicesCrisis residential centersRemoval fromServices availableUnauthorized leave.
43.185C.310Youth servicesCrisis residential centersRemoval to another center or secure facilityPlacement in secure juvenile detention facility.
43.185C.315Youth servicesHOPE centersEstablishmentRequirements.
43.185C.320Youth servicesHOPE centersEligibilityMinors.
43.185C.325Youth servicesHOPE centersResponsible living skills programsGrant proposalsTechnical assistance.
43.185C.330Youth servicesHOPE centersResponsible living skills programsAwarding of contracts.
43.185C.340Students experiencing homelessnessGrant program to link families with housingProgram goalsGrant processRequirementsGrantees report to the department.
43.185C.900Short title.
43.185C.901Conflict with federal requirements2005 c 484.
43.185C.902Effective date2005 c 484.


Findings.

Despite laudable efforts by all levels of government, private individuals, nonprofit organizations, and charitable foundations to end homelessness, the number of homeless persons in Washington is unacceptably high. The state's homeless population, furthermore, includes a large number of families with children, youth, and employed persons. The legislature finds that the fiscal and societal costs of homelessness are high for both the public and private sectors, and that ending homelessness should be a goal for state and local government.
The legislature finds that there are many causes of homelessness, including a shortage of affordable housing; a shortage of family-wage jobs which undermines housing affordability; a lack of an accessible and affordable health care system available to all who suffer from physical and mental illnesses and chemical and alcohol dependency; domestic violence; and a lack of education and job skills necessary to acquire adequate wage jobs in the economy of the twenty-first century.
The support and commitment of all sectors of the statewide community is critical to the chances of success in ending homelessness in Washington. While the provision of housing and housing-related services to the homeless should be administered at the local level to best address specific community needs, the legislature also recognizes the need for the state to play a primary coordinating, supporting, and monitoring role. There must be a clear assignment of responsibilities and a clear statement of achievable and quantifiable goals. Systematic statewide data collection on homelessness in Washington must be a critical component of such a program enabling the state to work with local governments to count homeless persons and assist them in finding housing.
The systematic collection and rigorous evaluation of homeless data, a search for and implementation through adequate resource allocation of best practices, and the systematic measurement of progress toward interim goals and the ultimate goal of ending homelessness are all necessary components of a statewide effort to end homelessness in Washington by July 1, 2015.



Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center.
(2) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department of children, youth, and families seeking adjudication of placement of the child.
(3) "Community action agency" means a nonprofit private or public organization established under the economic opportunity act of 1964.
(4) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.
(5) "Department" means the department of commerce.
(6) "Director" means the director of the department of commerce.
(7) "Home security fund account" means the state treasury account receiving the state's portion of income from revenue from the sources established by RCW 36.22.179 and 36.22.1791, and all other sources directed to the homeless housing and assistance program.
(8) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the home security fund account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to housing homeless persons.
(9) "Homeless housing plan" means the five-year plan developed by the county or other local government to address housing for homeless persons.
(10) "Homeless housing program" means the program authorized under this chapter as administered by the department at the state level and by the local government or its designated subcontractor at the local level.
(11) "Homeless housing strategic plan" means the five-year plan developed by the department, in consultation with the interagency council on homelessness, the affordable housing advisory board, and the state advisory council on homelessness.
(12) "Homeless person" means an individual living outside or in a building not meant for human habitation or which they have no legal right to occupy, in an emergency shelter, or in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, people with mental illness, and sex offenders who are homeless.
(13) "HOPE center" means an agency licensed by the secretary of the department of children, youth, and families to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for thirty days while services are arranged and permanent placement is coordinated. No street youth may stay longer than thirty days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to thirty days.
(14) "Housing authority" means any of the public corporations created by chapter 35.82 RCW.
(15) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other.
(16) "Interagency council on homelessness" means a committee appointed by the governor and consisting of, at least, policy level representatives of the following entities: (a) The department of commerce; (b) the department of corrections; (c) the department of children, youth, and families; (d) the department of veterans affairs; and (e) the department of health.
(17) "Local government" means a county government in the state of Washington or a city government, if the legislative authority of the city affirmatively elects to accept the responsibility for housing homeless persons within its borders.
(18) "Local homeless housing task force" means a voluntary local committee created to advise a local government on the creation of a local homeless housing plan and participate in a local homeless housing program. It must include a representative of the county, a representative of the largest city located within the county, at least one homeless or formerly homeless person, such other members as may be required to maintain eligibility for federal funding related to housing programs and services and if feasible, a representative of a private nonprofit organization with experience in low-income housing.
(19) "Long-term private or public housing" means subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation of less than two years.
(20) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.
(21) "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.
(22) "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 facility administrator, 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.
(23) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department of children, youth, and families with a ratio of at least one adult staff member to every two children.
(24) "Street outreach services" means a program that provides services and resources either directly or through referral to street youth and unaccompanied young adults as defined in RCW 43.330.702. Services including crisis intervention, emergency supplies, case management, and referrals may be provided through community-based outreach or drop-in centers.
(25) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington.
(26) "Washington homeless client management information system" means a database of information about homeless individuals in the state used to coordinate resources to assist homeless clients to obtain and retain housing and reach greater levels of self-sufficiency or economic independence when appropriate, depending upon their individual situations.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.
Short title2015 c 69: See RCW 43.330.911.
Finding2006 c 349: See note following RCW 43.185.130.



Homeless housing program.

There is created within the department the homeless housing program to develop and coordinate a statewide strategic plan aimed at housing homeless persons. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020.



Washington homeless census or countConfidentialityOnline information and referral systemOrganizational quality management system.

(1) The department shall annually conduct a Washington homeless census or count consistent with the requirements of RCW 43.185C.180. The census shall make every effort to count all homeless individuals living outdoors, in shelters, and in transitional housing, coordinated, when reasonably feasible, with already existing homeless census projects including those funded in part by the United States department of housing and urban development under the McKinney-Vento homeless assistance program. The department shall determine, in consultation with local governments, the data to be collected. Data on subpopulations and other characteristics of the homeless must, at a minimum, be consistent with the United States department of housing and urban development's point-in-time requirements.
(2) All personal information collected in the census is confidential, and the department and each local government shall take all necessary steps to protect the identity and confidentiality of each person counted.
(3) The department and each local government are prohibited from disclosing any personally identifying information about any homeless individual when there is reason to believe or evidence indicating that the homeless individual is an adult or minor victim of domestic violence, dating violence, sexual assault, or stalking or is the parent or guardian of a child victim of domestic violence, dating violence, sexual assault, or stalking; or revealing other confidential information regarding HIV/AIDS status, as found in RCW 70.02.220. The department and each local government shall not ask any homeless housing provider to disclose personally identifying information about any homeless individuals when the providers implementing those programs have reason to believe or evidence indicating that those clients are adult or minor victims of domestic violence, dating violence, sexual assault, or stalking or are the parents or guardians of child victims of domestic violence, dating violence, sexual assault, or stalking. Summary data for the provider's facility or program may be substituted.
(4) The Washington homeless census shall be conducted annually on a schedule created by the department. The department shall make summary data by county available to the public each year. This data, and its analysis, shall be included in the department's annual updated homeless housing program strategic plan.
(5) Based on the annual census and provider information from the local government plans, the department shall, by the end of year four, implement an online information and referral system to enable local governments and providers to identify available housing for a homeless person. The department shall work with local governments and their providers to develop a capacity for continuous case management to assist homeless persons.
(6) By the end of year four, the department shall implement an organizational quality management system.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.
Effective date2013 c 200: See note following RCW 70.02.010.



Homeless housing strategic planProgram outcomes and performance measures and goalsCoordinationStatewide data gathering instrumentReports.

(1) The department shall, in consultation with the interagency council on homelessness, the affordable housing advisory board, and the state advisory council on homelessness, prepare and publish a five-year homeless housing strategic plan which must outline statewide goals and performance measures. The state homeless housing strategic plan must be submitted to the legislature by July 1, 2019, and every five years thereafter. The plan must include:
(a) Performance measures and goals to reduce homelessness, including long-term and short-term goals;
(b) An analysis of the services and programs being offered at the state and county level and an identification of those representing best practices and outcomes;
(c) Recognition of services and programs targeted to certain homeless populations or geographic areas in recognition of the diverse needs across the state;
(d) New or innovative funding, program, or service strategies to pursue;
(e) An analysis of either current drivers of homelessness or improvements to housing security, or both, such as increases and reductions to employment opportunities, housing scarcity and affordability, health and behavioral health services, chemical dependency treatment, and incarceration rates; and
(f) An implementation strategy outlining the roles and responsibilities at the state and local level and timelines to achieve a reduction in homelessness at the statewide level during periods of the five-year homeless housing strategic plan.
(2) The department must coordinate its efforts on the state homeless housing strategic plan with the office of homeless youth prevention and protection programs advisory committee under RCW 43.330.705. The state homeless housing strategic plan must not conflict with the strategies, planning, data collection, and performance and outcome measures developed under RCW 43.330.705 and 43.330.706 to reduce the state's homeless youth population.
(3) To guide local governments in preparation of local homeless housing plans due December 1, 2019, the department shall issue by December 1, 2018, guidelines consistent with this chapter and including the best available data on each community's homeless population. Program outcomes, performance measures, and goals must be created by the department in collaboration with local governments against which state and local governments' performance will be measured.
(4) The department shall develop a consistent statewide data gathering instrument to monitor the performance of cities and counties receiving grants in order to determine compliance with the terms and conditions set forth in the grant application or required by the department.
The department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, report biennially to the governor and the appropriate committees of the legislature an assessment of the state's performance in furthering the goals of the state five-year homeless housing strategic plan and the performance of each participating local government in creating and executing a local homeless housing plan which meets the requirements of this chapter. To increase the effectiveness of the report, the department must develop a process to ensure consistent presentation, analysis, and explanation in the report, including year-to-year comparisons, highlights of program successes and challenges, and information that supports recommended strategy or operational changes. The report may include performance measures such as:
(a) The reduction in the number of homeless individuals and families from the initial count of homeless persons;
(b) The reduction in the number of unaccompanied homeless youth. "Unaccompanied homeless youth" has the same meaning as in RCW 43.330.702;
(c) The number of new units available and affordable for homeless families by housing type;
(d) The number of homeless individuals identified who are not offered suitable housing within thirty days of their request or identification as homeless;
(e) The number of households at risk of losing housing who maintain it due to a preventive intervention;
(f) The transition time from homelessness to permanent housing;
(g) The cost per person housed at each level of the housing continuum;
(h) The ability to successfully collect data and report performance;
(i) The extent of collaboration and coordination among public bodies, as well as community stakeholders, and the level of community support and participation;
(j) The quality and safety of housing provided; and
(k) The effectiveness of outreach to homeless persons, and their satisfaction with the program.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.
Findings2017 3rd sp.s. c 15: "The legislature finds that a surcharge on documents recorded for the sale or transfer of real property have generated approximately one hundred forty million dollars for homeless programs in Washington. The legislature further finds that according to a third-party audit of the use of surcharge funds, additional performance measures are needed to effectively measure the success of the state's homeless programs. Therefore, the legislature finds that developing and adopting recommendations to improve performance measures contained in the December 5, 2016, report required under *RCW 43.185C.240(1)(e) will help ensure accountability and transparency of public funds and their effectiveness in reducing homelessness in Washington." [ 2017 3rd sp.s. c 15 § 1.]
*Reviser's note: RCW 43.185C.240 expired June 30, 2019.
Short title2015 c 69: See RCW 43.330.911.



Homeless housing strategic planAnnual report of department and local governments.

(1) By December 1st of each year, the department must provide an update on the state's homeless housing strategic plan and its activities for the prior fiscal year. The report must include, but not be limited to, the following information:
(a) An assessment of the current condition of homelessness in Washington state and the state's performance in meeting the goals in the state homeless housing strategic plan;
(b) A report on the results of the annual homeless point-in-time census conducted statewide under RCW 43.185C.030;
(c) The amount of federal, state, local, and private funds spent on homelessness assistance, categorized by funding source and the following major assistance types:
(i) Emergency shelter;
(ii) Homelessness prevention and rapid rehousing;
(iii) Permanent housing;
(iv) Permanent supportive housing;
(v) Transitional housing;
(vi) Services only; and
(vii) Any other activity in which more than five hundred thousand dollars of category funds were expended;
(d) A report on the expenditures, performance, and outcomes of state funds distributed through the consolidated homeless grant program, including the grant recipient, award amount expended, use of the funds, counties served, and households served;
(e) A report on state and local homelessness document recording fee expenditure by county, including the total amount of fee spending, percentage of total spending from fees, number of people served by major assistance type, and amount of expenditures for private rental housing payments required in RCW 36.22.179;
(f) A report on the expenditures, performance, and outcomes of the essential needs and housing support program meeting the requirements of RCW 43.185C.220; and
(g) A report on the expenditures, performance, and outcomes of the independent youth housing program meeting the requirements of RCW 43.63A.311.
(2) The report required in subsection (1) of this section must be posted to the department's web site and may include links to updated or revised information contained in the report.
(3) Any local government receiving state funds for homelessness assistance or state or local homelessness document recording fees under RCW 36.22.178, 36.22.179, or 36.22.1791 must provide an annual report on the current condition of homelessness in its jurisdiction, its performance in meeting the goals in its local homeless housing plan, and any significant changes made to the plan. The annual report must be posted on the department's web site. Along with each local government annual report, the department must produce and post information on the local government's homelessness spending from all sources by project during the prior state fiscal year in a format similar to the department's report under subsection (1)(c) of this section. If a local government fails to report or provides an inadequate or incomplete report, the department must take corrective action, which may include withholding state funding for homelessness assistance to the local government to enable the department to use such funds to contract with other public or nonprofit entities to provide homelessness assistance within the jurisdiction.

NOTES:

Intent2018 c 85: "The legislature recognizes that all of the people of the state should have the opportunity to live in a safe, healthy, and affordable home. The legislature further recognizes that homelessness in Washington is unacceptable and that action needs to be taken to protect vulnerable households including families with children, youth and young adults, veterans, seniors, and people at high risk of homelessness, including survivors of domestic violence and people living with mental illness and other disabilities.
The legislature recognizes that homelessness has immediate and often times long-term consequences on the educational achievement of public school children and disproportionately impacts students of color. Additionally, the legislature recognizes that the health and safety of people experiencing homelessness is immediately and oftentimes significantly compromised, and that homelessness exacerbates physical and behavioral health disabilities. The legislature further recognizes that homelessness is disproportionately experienced by people of color and LGBTQ youth and young adults. The legislature recognizes that homelessness is also disproportionately experienced by people living with mental illness and that homelessness is an impediment to treatment. The legislature further recognizes that homelessness is disproportionately experienced by Native Americans.
In 2005, the Washington state legislature passed the homeless housing and assistance act that outlined several bold policies to address homelessness. That act also required a strategic plan by the department of commerce, which was first submitted in 2006 and subsequently updated. Since the first statewide plan, the state has succeeded in housing over five hundred fifty-six thousand people experiencing homelessness. These people were previously living in places not meant for human habitation, living in emergency shelters, or at imminent risk of becoming homeless. Although the overall prevalence of homelessness is down more than seventeen percent, the recent increase in homelessness, due in large part to surging housing costs, remains a crisis and more must be done.
Therefore, the legislature intends to improve resources available to aid with increasing access and removing barriers to housing for individuals and families in Washington." [ 2018 c 85 § 1.]
Short title2018 c 85: "This act may be known and cited as the Washington housing opportunities act." [ 2018 c 85 § 11.]



Local homeless housing plans.

(1) Each local homeless housing task force shall prepare and recommend to its local government legislative authority a five-year homeless housing plan for its jurisdictional area, which shall be not inconsistent with the department's statewide guidelines issued by December 1, 2018, and thereafter the department's five-year homeless housing strategic plan, and which shall be aimed at eliminating homelessness. The local government may amend the proposed local plan and shall adopt a plan by December 1, 2019. Performance in meeting the goals of this local plan shall be assessed annually in terms of the performance measures published by the department. Local plans may include specific local performance measures adopted by the local government legislative authority, and may include recommendations for any state legislation needed to meet the state or local plan goals.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless persons;
(b) Costs of developing affordable housing for homeless persons, and services for formerly homeless individuals and families residing in transitional housing or permanent housing and still at risk of homelessness;
(c) Operating subsidies for transitional housing or permanent housing serving formerly homeless families or individuals;
(d) Services to prevent homelessness, such as emergency eviction prevention programs including temporary rental subsidies to prevent homelessness;
(e) Temporary services to assist persons leaving state institutions and other state programs to prevent them from becoming or remaining homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals;
(h) Rental vouchers payable to landlords for persons who are homeless or below thirty percent of the median income or in immediate danger of becoming homeless; and
(i) Other activities to reduce and prevent homelessness as identified for funding in the local plan.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.



Home security fund accountExpenditure review.

(1) The home security fund account is created in the state treasury, subject to appropriation. The state's portion of the surcharge established in RCW 36.22.179 and 36.22.1791 must be deposited in the account. Expenditures from the account may be used only for homeless housing programs as described in this chapter.
(2) The department must distinguish allotments from the account made to carry out the activities in RCW 43.330.167, 43.330.700 through 43.330.715, 43.330.911, 43.185C.010, 43.185C.250 through 43.185C.320, and 36.22.179(1)(b).
(3) The office of financial management must secure an independent expenditure review of state funds received under RCW 36.22.179(1)(b) on a biennial basis. The purpose of the review is to assess the consistency in achieving policy priorities within the private market rental housing segment for housing persons experiencing homelessness. The independent reviewer must notify the department and the office of financial management of its findings. The first biennial expenditure review, for the 2017-2019 fiscal biennium, is due February 1, 2020. Independent reviews conducted thereafter are due February 1st of each even-numbered year.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.



Home security fund accountExemptions from set aside.

Home security fund account funds appropriated to carry out the activities of RCW 43.330.700 through 43.330.715, 43.330.911, 43.185C.010, 43.185C.250 through 43.185C.320, and 43.330.167 are not subject to the set aside under RCW 36.22.179(1)(b).

NOTES:

Short title2015 c 69: See RCW 43.330.911.



Grant applications.

(1) During each calendar year in which moneys from the *homeless housing account are available for use by the department for the homeless housing grant program, the department shall announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration. This announcement will be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds, less appropriate administrative costs of the department as described in RCW 36.22.179.
(2) The department will develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications.
(3) The department may approve applications only if they are consistent with the local and state homeless housing program strategic plans. The department may give preference to applications based on some or all of the following criteria:
(a) The total homeless population in the applicant local government service area, as reported by the most recent annual Washington homeless census;
(b) Current local expenditures to provide housing for the homeless and to address the underlying causes of homelessness as described in RCW 43.185C.005;
(c) Local government and private contributions pledged to the program in the form of matching funds, property, infrastructure improvements, and other contributions; and the degree of leveraging of other funds from local government or private sources for the program for which funds are being requested, to include recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Construction projects or rehabilitation that will serve homeless individuals or families for a period of at least twenty-five years;
(e) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations;
(f) The degree to which the applicant project represents a collaboration between local governments, nonprofit community-based organizations, local and state agencies, and the private sector, especially through its integration with the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650;
(g) The cooperation of the local government in the annual Washington homeless census project;
(h) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse workforce;
(i) The extent, if any, that the local homeless population is disproportionate to the revenues collected under this chapter and RCW 36.22.178 and 36.22.179; and
(j) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan.

NOTES:

*Reviser's note: The "homeless housing account" was changed to the "home security fund account" by 2007 c 427 § 6.



Homeless housing grantsParticipation.

(1) Only a local government is eligible to receive a homeless housing grant from the *homeless housing account. Any city may assert responsibility for homeless housing within its borders if it so chooses, by forwarding a resolution to the legislative authority of the county stating its intention and its commitment to operate a separate homeless housing program. The city shall then receive a percentage of the surcharge assessed under RCW 36.22.179 equal to the percentage of the city's local portion of the real estate excise tax collected by the county. A participating city may also then apply separately for homeless housing program grants. A city choosing to operate a separate homeless housing program shall be responsible for complying with all of the same requirements as counties and shall adopt a local homeless housing plan meeting the requirements of this chapter for county local plans. However, the city may by resolution of its legislative authority accept the county's homeless housing task force as its own and based on that task force's recommendations adopt a homeless housing plan specific to the city.
(2) Local governments applying for homeless housing funds may subcontract with any other local government, housing authority, community action agency or other nonprofit organization for the execution of programs contributing to the overall goal of ending homelessness within a defined service area. All subcontracts shall be consistent with the local homeless housing plan adopted by the legislative authority of the local government, time limited, and filed with the department and shall have specific performance terms. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders.
(3) A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If such a resolution is adopted, all of the funds otherwise due to the county under RCW 43.185C.060 shall be remitted monthly to the state treasurer for deposit in the *homeless housing account, without any reduction by the county for collecting or administering the funds. Upon receipt of the resolution, the department shall promptly begin to identify and contract with one or more entities eligible under this section to create and execute a local homeless housing plan for the county meeting the requirements of this chapter. The department shall expend all of the funds received from the county under this subsection to carry out the purposes of chapter 484, Laws of 2005 in the county, provided that the department may retain six percent of these funds to offset the cost of managing the county's program.
(4) A resolution by the county declining to participate in the program shall have no effect on the ability of each city in the county to assert its right to manage its own program under this chapter, and the county shall monthly transmit to the city the funds due under this chapter.

NOTES:

*Reviser's note: The "homeless housing account" was changed to the "home security fund account" by 2007 c 427 § 6.



Allocation of grant moneysIssuance of criteria or guidelines.

The department shall allocate grant moneys from the *homeless housing account to finance in whole or in part programs and projects in approved local homeless housing plans to assist homeless individuals and families gain access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing. The department may issue criteria or guidelines to guide local governments in the application process.

NOTES:

*Reviser's note: The "homeless housing account" was changed to the "home security fund account" by 2007 c 427 § 6.



Technical assistance.

The department shall provide technical assistance to any participating local government that requests such assistance. Technical assistance activities may include:
(1) Assisting local governments to identify appropriate parties to participate on local homeless housing task forces;
(2) Assisting local governments to identify appropriate service providers with which the local governments may subcontract for service provision and development activities, when necessary;
(3) Assisting local governments to implement or expand homeless census programs to meet homeless housing program requirements;
(4) Assisting in the identification of "best practices" from other areas;
(5) Assisting in identifying additional funding sources for specific projects; and
(6) Training local government and subcontractor staff.



Progress reportsUniform process.

The department shall establish a uniform process for participating local governments to report progress toward reducing homelessness and meeting locally established goals.



Rules.

The department may adopt such rules as may be necessary to effect the purposes of this chapter.



Protection of state's interest in grant program projects.

The department shall ensure that the state's interest is protected upon the development, use, sale, or change of use of projects constructed, acquired, or financed in whole or in part through the homeless housing grant program. These policies may include, but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project, or (2) requiring a lump sum repayment of the grant upon the sale or change of use of the project.



Public assistance eligibilityPayments exempt.

The department of social and health services shall exempt payments to individuals provided under this chapter when determining eligibility for public assistance.



Expenditures within authorized fundsExisting expenditures not reduced or supplanted.

This chapter does not require either the department or any local government to expend any funds to accomplish the goals of this chapter other than the revenues authorized in chapter 484, Laws of 2005. However, neither the department nor any local government may use any funds authorized in chapter 484, Laws of 2005 to supplant or reduce any existing expenditures of public money for the reduction or prevention of homelessness or services for homeless persons.



County homeless housing task forcesHomeless housing plansReports by counties.

(1) Each county shall create a homeless housing task force to develop a five-year homeless housing plan addressing short-term and long-term housing for homeless persons.
Membership on the task force may include representatives of the counties, cities, towns, housing authorities, civic and faith organizations, schools, community networks, human services providers, law enforcement personnel, criminal justice personnel, including prosecutors, probation officers, and jail administrators, substance abuse treatment providers, mental health care providers, emergency health care providers, businesses, real estate professionals, at large representatives of the community, and a homeless or formerly homeless individual.
In lieu of creating a new task force, a local government may designate an existing governmental or nonprofit body which substantially conforms to this section and which includes at least one homeless or formerly homeless individual to serve as its homeless representative. As an alternative to a separate plan, two or more local governments may work in concert to develop and execute a joint homeless housing plan, or to contract with another entity to do so according to the requirements of this chapter. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders.
A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If a county declines to participate, the department shall create and execute a local homeless housing plan for the county meeting the requirements of this chapter.
(2) In addition to developing a five-year homeless housing plan, each task force shall establish guidelines consistent with the statewide homeless housing strategic plan, as needed, for the following:
(a) Emergency shelters;
(b) Short-term housing needs;
(c) Temporary encampments;
(d) Supportive housing for chronically homeless persons; and
(e) Long-term housing.
Guidelines must include, when appropriate, standards for health and safety and notifying the public of proposed facilities to house the homeless.
(3) Each county, including counties exempted from creating a new task force under subsection (1) of this section, shall report to the department such information as may be needed to ensure compliance with this chapter, including the annual report required in RCW 43.185C.045.

NOTES:

IntentShort title2018 c 85: See notes following RCW 43.185C.045.



Interagency council on homelessnessDutiesReports.

(1) The interagency council on homelessness, as defined in RCW 43.185C.010, shall be convened not later than August 31, 2006, and shall meet at least two times each year and report to the appropriate committees of the legislature annually by December 31st on its activities.
(2) The interagency council on homelessness shall work to create greater levels of interagency coordination and to coordinate state agency efforts with the efforts of state and local entities addressing homelessness.
(3) The interagency council shall seek to:
(a) Align homeless-related housing and supportive service policies among state agencies;
(b) Identify ways in which providing housing with appropriate services can contribute to cost savings for state agencies;
(c) Identify policies and actions that may contribute to homelessness or interfere with its reduction;
(d) Review and improve strategies for discharge from state institutions that contribute to homelessness;
(e) Recommend policies to either improve practices or align resources, or both, including those policies requested by the affordable housing advisory board or through state and local housing plans; and
(f) Ensure that the housing status of people served by state programs is collected in consistent formats available for analysis.

NOTES:

Finding2006 c 349: See note following RCW 43.185.130.



Washington homeless client management information system.

(1) In order to improve services for the homeless, the department, within amounts appropriated by the legislature for this specific purpose, shall implement the Washington homeless client management information system for the ongoing collection and updates of information about all homeless individuals in the state.
(2) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless census and from state agencies and community organizations providing services to homeless individuals and families.
(a) Personally identifying information about homeless individuals for the Washington homeless client management information system may only be collected after having obtained informed, reasonably time limited (i) written consent from the homeless individual to whom the information relates, or (ii) telephonic consent from the homeless individual, provided that written consent is obtained at the first time the individual is physically present at an organization with access to the Washington homeless client management information system. Safeguards consistent with federal requirements on data collection must be in place to protect homeless individuals' rights regarding their personally identifying information.
(b) Data collection under this subsection shall be done in a manner consistent with federally informed consent guidelines regarding human research which, at a minimum, require that individuals receive:
(i) Information about the expected duration of their participation in the Washington homeless client management information system;
(ii) An explanation of whom to contact for answers to pertinent questions about the data collection and their rights regarding their personal identifying information;
(iii) An explanation regarding whom to contact in the event of injury to the individual related to the Washington homeless client management information system;
(iv) A description of any reasonably foreseeable risks to the homeless individual; and
(v) A statement describing the extent to which confidentiality of records identifying the individual will be maintained.
(c) The department must adopt policies governing the appropriate process for destroying Washington homeless client management information system paper documents containing personally identifying information when the paper documents are no longer needed. The policies must not conflict with any federal data requirements.
(d) Any unaccompanied youth thirteen years of age or older may give consent for the collection of his or her personally identifying information under this section. "Unaccompanied" has the same definition as in RCW 43.330.702.
(3) The Washington homeless client management information system shall serve as an online information and referral system to enable local governments and providers to connect homeless persons in the database with available housing and other support services. Local governments shall develop a capacity for continuous case management, including independent living plans, when appropriate, to assist homeless persons.
(4) The information in the Washington homeless client management information system will also provide the department with the information to consolidate and analyze data about the extent and nature of homelessness in Washington state, giving emphasis to information about the extent and nature of homelessness in Washington state among families with children.
(5) The system may be merged with other data gathering and reporting systems and shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with all relevant state agencies including the department of social and health services, experts, and community organizations involved in the delivery of services to homeless persons; and
(c) Include related information held or gathered by other state agencies.
(6) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.
(7) The Washington homeless client management information system shall be implemented by December 31, 2009, and updated with new homeless client information at least annually.

NOTES:

Finding2006 c 349: See note following RCW 43.185.130.
FindingsIntentSeverability1999 c 267: See notes following RCW 43.20A.790.



Affordable housing for all account.

The affordable housing for all account is created in the state treasury, subject to appropriation. The state's portion of the surcharges established in RCW 36.22.178 shall be deposited in the account. Expenditures from the account may only be used for affordable housing programs. During the 2011-2013 fiscal biennium, moneys in the account may be transferred to the home security fund.

NOTES:

Effective dates2011 1st sp.s. c 50: See note following RCW 15.76.115.



Transitional housing assistance to offendersPilot program.

(1) *The department of community, trade, and economic development shall establish a pilot program to provide grants to eligible organizations, as described in RCW 43.185.060, to provide transitional housing assistance to offenders who are reentering the community and are in need of housing.
(2) There shall be a minimum of two pilot programs established in two counties. The pilot programs shall be selected through a request for proposal process and in consultation with the department of corrections. The department shall select the pilot sites by January 1, 2008.
(3) The pilot program shall:
(a) Be operated in collaboration with the community justice center existing in the location of the pilot site;
(b) Offer transitional supportive housing that includes individual support and mentoring available on an ongoing basis, life skills training, and close working relationships with community justice centers and community corrections officers. Supportive housing services can be provided directly by the housing operator, or in partnership with community-based organizations;
(c) In providing assistance, give priority to offenders who are designated as high risk or high needs as well as those determined not to have a viable release plan by the department of corrections;
(d) Optimize available funding by utilizing cost-effective community-based shared housing arrangements or other noninstitutional living arrangements; and
(e) Provide housing assistance for a period of time not to exceed twelve months for a participating offender.
(4) The department may also use up to twenty percent of the funding appropriated in the operating budget for this section to support the development of additional supportive housing resources for offenders who are reentering the community.
(5) The department shall:
(a) Collaborate with the department of corrections in developing criteria to determine who will qualify for housing assistance; and
(b) Gather data, and report to the legislature by November 1, 2008, on the number of offenders seeking housing, the number of offenders eligible for housing, the number of offenders who receive the housing, and the number of offenders who commit new crimes while residing in the housing to the extent information is available.
(6) The department of corrections shall collaborate with organizations receiving grant funds to:
(a) Help identify appropriate housing solutions in the community for offenders;
(b) Where possible, facilitate an offender's application for housing prior to discharge;
(c) Identify enhancements to training provided to offenders prior to discharge that may assist an offender in effectively transitioning to the community;
(d) Maintain communication between the organization receiving grant funds, the housing provider, and corrections staff supervising the offender; and
(e) Assist the offender in accessing resources and services available through the department of corrections and a community justice center.
(7) The state, *department of community, trade, and economic development, department of corrections, local governments, local housing authorities, eligible organizations as described in RCW 43.185.060, and their employees are not liable for civil damages arising from the criminal conduct of an offender solely due to the placement of an offender in housing provided under this section or the provision of housing assistance.
(8) Nothing in this section allows placement of an offender into housing without an analysis of the risk the offender may pose to that particular community or other residents.

NOTES:

*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
FindingIntent2007 c 483: See note following RCW 35.82.340.
Findings2007 c 483: See RCW 72.78.005.



Transitional housing operating and rent program.

(1) The transitional housing operating and rent program is created in the department to assist individuals and families who are homeless or who are at risk of becoming homeless to secure and retain safe, decent, and affordable housing. The department shall provide grants to eligible organizations, as described in RCW 43.185.060, to provide assistance to program participants. The eligible organizations must use grant moneys for:
(a) Rental assistance, which includes security or utility deposits, first and last month's rent assistance, and eligible moving expenses to be determined by the department;
(b) Case management services designed to assist program participants to secure and retain immediate housing and to transition into permanent housing and greater levels of self-sufficiency;
(c) Operating expenses of transitional housing facilities that serve homeless families with children; and
(d) Administrative costs of the eligible organization, which must not exceed limits prescribed by the department.
(2) Eligible to receive assistance through the transitional housing operating and rent program are:
(a) Families with children who are homeless or who are at risk of becoming homeless and who have household incomes at or below fifty percent of the median household income for their county;
(b) Families with children who are homeless or who are at risk of becoming homeless and who are receiving services under chapter 13.34 RCW;
(c) Individuals or families without children who are homeless or at risk of becoming homeless and who have household incomes at or below thirty percent of the median household income for their county;
(d) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who has a mental health or chemical dependency disorder; and
(e) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who is an offender released from confinement within the past eighteen months.
(3) All program participants must be willing to create and actively participate in a housing stability plan for achieving permanent housing and greater levels of self-sufficiency.
(4) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180. For eligible organizations serving victims of domestic violence or sexual assault, compliance with this subsection must be accomplished in accordance with 42 U.S.C. Sec. 11383(a)(8).
(5)(a) Except as provided in (b) of this subsection, beginning in 2011, each eligible organization receiving over five hundred thousand dollars during the previous calendar year from the transitional housing operating and rent program and from sources including: (i) State housing-related funding sources; (ii) the affordable housing for all surcharge in RCW 36.22.178; (iii) the home security fund surcharges in RCW 36.22.179 and 36.22.1791; and (iv) any other surcharge imposed under chapter 36.22 or 43.185C RCW to fund homelessness programs or other housing programs, shall apply to the Washington state quality award program for an independent assessment of its quality management, accountability, and performance system, once every three years.
(b) Cities and counties are exempt from the provisions of (a) of this subsection until 2018.
(6) The department may develop rules, requirements, procedures, and guidelines as necessary to implement and operate the transitional housing operating and rent program.
(7) The department shall produce an annual transitional housing operating and rent program report that must be included in the department's homeless housing strategic plan as described in RCW 43.185C.040. The report must include performance measures to be determined by the department that address, at a minimum, the following issue areas:
(a) The success of the program in helping program participants transition into permanent affordable housing and achieve self-sufficiency or increase their levels of self-sufficiency, which shall be defined by the department based upon the costs of living, including housing costs, needed to support: (i) One adult individual; and (ii) two adult individuals and one preschool-aged child and one school-aged child;
(b) The financial performance of the program related to efficient program administration by the department and program operation by selected eligible organizations, including an analysis of the costs per program participant served;
(c) The quality, completeness, and timeliness of the information on program participants provided to the Washington homeless client management information system database; and
(d) The satisfaction of program participants in the assistance provided through the program.

NOTES:

Intent2011 c 353: See note following RCW 36.70A.130.



Transitional housing operating and rent account.

The transitional housing operating and rent account is created in the custody of the state treasurer. All receipts from sources directed to the transitional housing operating and rent program must be deposited into the account. Expenditures from the account may be used solely for the purpose of the transitional housing operating and rent program as described in RCW 43.185C.210. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.



Essential needs and housing support programDistribution of funds.

(1) The department shall distribute funds for the essential needs and housing support program established under this section in a manner consistent with the requirements of this section and the biennial operating budget. The first distribution of funds must be completed by September 1, 2011. Essential needs or housing support is only for persons found eligible for such services under RCW 74.04.805 and is not considered an entitlement.
(2) The department shall distribute funds appropriated for the essential needs and housing support program in the form of grants to designated essential needs support and housing support entities within each county. The department shall not distribute any funds until it approves the expenditure plan submitted by the designated essential needs support and housing support entities. The amount of funds to be distributed pursuant to this section shall be designated in the biennial operating budget. For the sole purpose of meeting the initial distribution of funds date, the department may distribute partial funds upon the department's approval of a preliminary expenditure plan. The department shall not distribute the remaining funds until it has approved a final expenditure plan.
(3)(a) During the 2011-2013 biennium, in awarding housing support that is not funded through the contingency fund in this subsection, the designated housing support entity shall provide housing support to clients who are homeless persons as defined in RCW 43.185C.010. As provided in the biennial operating budget for the 2011-2013 biennium, a contingency fund shall be used solely for those clients who are at substantial risk of losing stable housing or at substantial risk of losing one of the other services defined in RCW 74.62.010(6). For purposes of this chapter, "substantial risk" means the client has provided documentation that he or she will lose his or her housing within the next thirty days or that the services will be discontinued within the next thirty days.
(b) After July 1, 2013, the designated housing support entity shall give first priority to clients who are homeless persons as defined in RCW 43.185C.010 and second priority to clients who would be at substantial risk of losing stable housing without housing support.
(4) For each county, the department shall designate an essential needs support entity and a housing support entity that will begin providing these supports to medical care services program recipients on November 1, 2011. Essential needs and housing support entities are not required to provide assistance to every person referred to the local entity or who meets the priority standards in subsection (3) of this section.
(a) Each designated entity must be a local government or community-based organization, and may administer the funding for essential needs support, housing support, or both. Designated entities have the authority to subcontract with qualified entities. Upon request, and the approval of the department, two or more counties may combine resources to more effectively deliver services.
(b) The department's designation process must include a review of proficiency in managing housing or human services programs when designating housing support entities.
(c) Within a county, if the department directly awards separate grants to the designated housing support entity and the designated essential needs support entity, the department shall determine the amount allocated for essential needs support as directed in the biennial operating budget.
(5)(a) Essential needs and housing support entities must use funds distributed under this section as flexibly as is practicable to provide essential needs items and housing support to recipients of the essential needs and housing support program, subject to the requirements of this section.
(b) Benefits provided under the essential needs and housing support program shall not be provided to recipients in the form of cash assistance.
(c) The department may move funds between entities or between counties to reflect actual caseload changes. In doing so, the department must: (i) Develop a process for reviewing the caseload of designated essential needs and housing support entities, and for redistributing grant funds from those entities experiencing reduced actual caseloads to those with increased actual caseloads; and (ii) inform all designated entities of the redistribution process. Savings resulting from program caseload attrition from the essential needs and housing support program shall not result in increased per-client expenditures.
(d) Essential needs and housing support entities must partner with other public and private organizations to maximize the beneficial impact of funds distributed under this section, and should attempt to leverage other sources of public and private funds to serve essential needs and housing support recipients. Funds appropriated in the operating budget for essential needs and housing support must be used only to serve persons eligible to receive services under that program.
(6) The department shall use no more than five percent of the funds for administration of the essential needs and housing support program. Each essential needs and housing support entity shall use no more than seven percent of the funds for administrative expenses.
(7) The department shall:
(a) Require housing support entities to enter data into the homeless client management information system;
(b) Require essential needs support entities to report on services provided under this section;
(c) In collaboration with the department of social and health services, submit a report annually to the relevant policy and fiscal committees of the legislature. A preliminary report shall be submitted by December 31, 2011, and must include (c)(i), (iii), and (v) of this subsection. Annual reports must be submitted beginning December 1, 2012, and must include:
(i) A description of the actions the department has taken to achieve the objectives of chapter 36, Laws of 2011 1st sp. sess.;
(ii) The amount of funds used by the department to administer the program;
(iii) Information on the housing status of essential needs and housing support recipients served by housing support entities, and individuals who have requested housing support but did not receive housing support;
(iv) Grantee expenditure data related to administration and services provided under this section; and
(v) Efforts made to partner with other entities and leverage sources or public and private funds;
(d) Review the data submitted by the designated entities, and make recommendations for program improvements and administrative efficiencies. The department has the authority to designate alternative entities as necessary due to performance or other significant issues. Such change must only be made after consultation with the department of social and health services and the impacted entity.
(8) The department, counties, and essential needs and housing support entities are not civilly or criminally liable and may not have any penalty or cause of action of any nature arise against them related to decisions regarding: (a) The provision or lack of provision of housing or essential needs support; or (b) the type of housing arrangement supported with funds allocated under this section, when the decision was made in good faith and in the performance of the powers and duties under this section. However, this section does not prohibit legal actions against the department, county, or essential needs or housing support entity to enforce contractual duties or obligations.

NOTES:

Effective date2013 2nd sp.s. c 10: See note following RCW 74.62.030.
FindingsIntent2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date2011 1st sp.s. c 36: See note following RCW 74.62.005.



Verification of eligibilityMedical care services.

The department, in collaboration with the department of social and health services, shall:
(1) Develop a mechanism through which the department and local governments or community-based organizations can verify a person has been determined eligible by the department of social and health services and remains eligible for the essential needs and housing support program; and
(2) Provide a secure and current list of individuals eligible for the essential needs and housing support program to designated entities within each county. The list must be updated at least monthly and include, as available and applicable, the eligible individual's:
(a) Name;
(b) Address;
(c) Phone number;
(d) Shelter location; and
(e) Case manager contact information.

NOTES:

Effective date2013 2nd sp.s. c 10: See note following RCW 74.62.030.
FindingsIntent2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date2011 1st sp.s. c 36: See note following RCW 74.62.005.



Youth servicesDuties of crisis residential center administrator and departmentMultidisciplinary team.

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

NOTES:

Short title2015 c 69: See RCW 43.330.911.
Short title1995 c 312: See note following RCW 13.32A.010.



Youth servicesMultidisciplinary teamDuties.

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

NOTES:

Effective dates2016 sp.s. c 29: See note following RCW 71.05.760.
Short titleRight of action2016 sp.s. c 29: See notes following RCW 71.05.010.
Short title2015 c 69: See RCW 43.330.911.
Short title1995 c 312: See note following RCW 13.32A.010.



Youth servicesOfficer taking child into custodyAuthorizationDuration of custodyTransporting to crisis residential centerReport on suspected abuse or neglect.

(1) A law enforcement officer shall take a child into custody:
(a) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or
(b) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or
(c) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement.
(2) Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination. Law enforcement custody continues until the law enforcement officer transfers custody to a person, agency, or other authorized entity under this chapter, or releases the child because no placement is available. Transfer of custody is not complete unless the person, agency, or entity to whom the child is released agrees to accept custody.
(3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody. The center shall provide the department of children, youth, and families with a copy of the officer's report if the youth is in the care of or receiving services from the department of children, youth, and families.
(4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department of children, youth, and families.
(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.
(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored in violation of RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 43.185C.265.
(7) No child may be placed in a secure facility except as provided in this chapter.

NOTES:

Effective dateFindingsIntent2019 c 312: See notes following RCW 7.21.080.
Effective date2018 c 58: See note following RCW 28A.655.080.
Short title2015 c 69: See RCW 43.330.911.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.
Intent1990 c 276: See RCW 13.32A.015.
Conflict with federal requirementsSeverability1990 c 276: See notes following RCW 13.32A.020.
Severability1986 c 288: "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." [ 1986 c 288 § 13.]
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.



Youth servicesOfficer taking child into custodyProcedureTransporting to home, crisis residential center, custody of department of social and health services, or juvenile detention facility.

(1) An officer taking a child into custody under RCW 43.185C.260(1) (a) or (b) shall inform the child of the reason for such custody and shall:
(a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department of children, youth, and families, or a licensed youth shelter. In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home. The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or
(b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance if:
(i) The child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of abuse or neglect;
(ii) It is not practical to transport the child to his or her home or place of the parent's employment; or
(iii) There is no parent available to accept custody of the child; or
(c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, request the department of children, youth, and families to accept custody of the child. If the department of children, youth, and families determines that an appropriate placement is currently available, the department of children, youth, and families shall accept custody and place the child in an out-of-home placement. Upon accepting custody of a child from the officer, the department of children, youth, and families may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, without filing a child in need of services petition, obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW. Upon transferring a child to the department of children, youth, and families' custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody. If the department of children, youth, and families declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: The home of an adult extended family member; a responsible adult; or a licensed youth shelter. The officer shall immediately notify the department of children, youth, and families if no placement option is available and the child is released.
(2) An officer taking a child into custody under RCW 43.185C.260(1)(c) shall inform the child of the reason for custody. An officer taking a child into custody under RCW 43.185C.260(1)(c) may release the child to the supervising agency, may return the child to the placement authorized by the supervising agency, or shall take the child to a designated crisis residential center.
(3) Every officer taking a child into custody shall provide the child and his or her parent or parents or responsible adult with a copy of the statement specified in RCW 43.185C.290(6).
(4) Whenever an officer transfers custody of a child to a crisis residential center or the department of children, youth, and families, the child may reside in the crisis residential center or may be placed by the department of children, youth, and families in an out-of-home placement for an aggregate total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays. Thereafter, the child may continue in out-of-home placement only if the parents have consented, a child in need of services petition has been filed, or an order for placement has been entered under chapter 13.34 RCW.
(5) The department of children, youth, and families shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody under RCW 43.185C.260 may be taken.

NOTES:

Effective dateFindingsIntent2019 c 312: See notes following RCW 7.21.080.
Short title2015 c 69: See RCW 43.330.911.
Effective date2000 c 162 §§ 11-17: "Sections 11 through 17 of this act take effect July 1, 2002." [ 2000 c 162 § 21.]
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.
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.



Youth servicesImmunity from liability for law enforcement officer and person with whom child is placed.

(1) A law enforcement officer acting in good faith pursuant to this chapter is immune from civil or criminal liability for such action.
(2) A person with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith is immune from civil or criminal liability for the act of receiving the child. The immunity does not release the person from liability under any other law.

NOTES:

FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
Severability1986 c 288: See note following RCW 43.185C.260.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



Youth servicesDuty to inform parentsTransportation to child's home or out-of-home placementNotice to department of social and health services.

(1) The administrator of a designated crisis residential center shall perform the duties under subsection (3) of this section:
(a) Upon admitting a child who has been brought to the center by a law enforcement officer under RCW 43.185C.265;
(b) Upon admitting a child who has run away from home or has requested admittance to the center;
(c) Upon learning from a person under RCW 13.32A.082 that the person is providing shelter to a child absent from home; or
(d) Upon learning that a child has been placed with a responsible adult pursuant to RCW 43.185C.265.
(2) Transportation expenses of the child shall be at the parent's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the crisis residential center.
(3) When any of the circumstances under subsection (1) of this section are present, the administrator of a center shall perform the following duties:
(a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;
(b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this chapter;
(c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(1) governing child abuse and neglect in this state; and either
(d)(i) Arrange transportation for the child to the residence of the parent, as soon as practicable, when the child and his or her parent agrees to the child's return home or when the parent produces a copy of a court order entered under this chapter requiring the child to reside in the parent's home; or
(ii) Arrange transportation for the child to: (A) An out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent; or (B) a certified or licensed mental health or chemical dependency program of the parent's choice.
(4) If the administrator of the crisis residential center performs the duties listed in subsection (3) of this section, he or she shall also notify the department of social and health services that a child has been admitted to the crisis residential center.

NOTES:

Short title2015 c 69: See RCW 43.330.911.
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.



Youth servicesUnauthorized leave from crisis residential centerNotice to parents, law enforcement, and the department of children, youth, and families.

The administrator of a crisis residential center shall notify parents and the appropriate law enforcement agency as to any unauthorized leave from the center by a child placed at the center. The administrator shall also notify the department of children, youth, and families immediately as to any unauthorized leave from the center by a child who is in the care of or receiving services from the department of children, youth, and families.

NOTES:

Effective date2018 c 58: See note following RCW 28A.655.080.
Short title2015 c 69: See RCW 43.330.911.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.



Youth servicesChild admitted to secure facilityMaximum hours of custodyEvaluation for semi-secure facility or release to department of social and health servicesParental right to remove childReconciliation effortInformation to parent and childWritten statement of services and rightsCrisis residential center immunity from liability.

(1) A child admitted to a secure facility located in a juvenile detention center shall remain in the facility for at least twenty-four hours after admission but for not more than five consecutive days. A child admitted to a secure facility not located in a juvenile detention center or a semi-secure facility may remain for not more than fifteen consecutive days. If a child is transferred between a secure and semi-secure facility, the aggregate length of time a child may remain in both facilities shall not exceed fifteen consecutive days per admission, and in no event may a child's stay in a secure facility located in a juvenile detention center exceed five days per admission.
(2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department of social and health services. The determination shall be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.
(ii) In making the determination the administrator shall consider the following information if known: (A) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away; and (F) the child's willingness to cooperate in the assessment.
(b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility. The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.
(c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.
(d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.
(3) If no parent is available or willing to remove the child during the first seventy-two hours following admission, the department of social and health services shall consider the filing of a petition under RCW 13.32A.140.
(4) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents. The department of social and health services or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.
(5) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of admission, and if the administrator of the center does not consider it likely that reconciliation will be achieved within five days of the child's admission to the center, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under RCW 13.32A.197.
(6) At no time shall information regarding a parent's or child's rights be withheld. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. The administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.
(7) A crisis residential center and any person employed at the center acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.

NOTES:

Short title2015 c 69: See RCW 43.330.911.
Effective date2000 c 162 §§ 11-17: See note following RCW 43.185C.265.
FindingsShort titleIntentConstruction1996 c 133: See notes following RCW 13.32A.197.
Short title1995 c 312: See note following RCW 13.32A.010.
FindingIntentSeverability1994 sp.s. c 7: See notes following RCW 43.70.540.
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.
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.



Youth servicesCrisis residential centersEstablishmentStaffDutiesSemi-secure facilitiesSecure facilities.

(1) The department shall establish, through performance-based contracts with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department of social and health services and shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.
(2) Crisis residential centers must record client information into a homeless management information system specified by the department.
(3) Within available funds appropriated for this purpose, the department shall establish, through performance-based contracts with private or public vendors, regional crisis residential centers with secure facilities. These facilities shall be facilities licensed under rules adopted by the department of social and health services. These centers may also include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.
(4) The department shall, in addition to the facilities established under subsections (1) and (2) of this section, establish additional crisis residential centers pursuant to performance-based contracts with licensed private group care facilities.
(5) The department is authorized to allow contracting entities to include a combination of secure or semi-secure crisis residential centers as defined in RCW 13.32A.030 and/or HOPE centers pursuant to RCW 43.185C.315 in the same building or structure. The department of social and health services shall permit the colocation of these centers only if the entity operating the facility agrees to designate a particular number of beds to each type of center that is located within the building or structure.
(6) The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families, and carry out the responsibilities stated in RCW 43.185C.280.
(7) The secure facilities located within crisis residential centers shall be operated to conform with the definition in RCW 13.32A.030. The facilities shall have an average of no less than one adult staff member to every ten children. The staffing ratio shall continue to ensure the safety of the children.
(8) If a secure crisis residential center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility.

NOTES:

Short title2015 c 69: See RCW 43.330.911.
FindingsIntentPart headings not lawShort title1998 c 296: See notes following RCW 74.13.025.
Short title1995 c 312: See note following RCW 13.32A.010.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



Youth servicesCrisis residential centersIncremental increase in beds.

Subject to funds appropriated for this purpose, the capacity available in crisis residential centers established pursuant to this chapter shall be increased incrementally by no fewer than ten beds per fiscal year through fiscal year 2019 in order to accommodate truant students found in contempt of a court order to attend school. The additional capacity shall be distributed around the state based upon need and, to the extent feasible, shall be geographically situated to expand the use of crisis residential centers as set forth in this chapter so they are available for use by all courts for housing truant youth.



Youth servicesSecure facilitiesLimit on reimbursement or compensation.

No contract may provide reimbursement or compensation to:
(1) A secure facility located in a juvenile detention center for any service delivered or provided to a resident child after five consecutive days of residence; or
(2) A secure facility not located in a juvenile detention center or a semi-secure crisis residential center facility for any service delivered or provided to a resident child after fifteen consecutive days of residence.

NOTES:

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



Youth servicesCrisis residential centersRemoval fromServices availableUnauthorized leave.

(1) If a resident of a crisis residential center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises.
(2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In assessing the child and providing these services, the facility staff shall:
(a) Interview the juvenile as soon as possible;
(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;
(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible;
(d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed fifteen consecutive days; and
(e) Convene, when appropriate, a multidisciplinary team.
(3) Based on the assessments done under subsection (2) of this section the center staff may refer any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive, or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW or to a designated crisis responder pursuant to chapter 71.05 RCW whenever such action is deemed appropriate and consistent with law.
(4) A juvenile taking unauthorized leave from a facility shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 43.185C.260. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed fifteen consecutive days. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed fifteen consecutive days.

NOTES:

Effective dates2016 sp.s. c 29: See note following RCW 71.05.760.
Short titleRight of action2016 sp.s. c 29: See notes following RCW 71.05.010.
Short title2015 c 69: See RCW 43.330.911.
Effective date2000 c 162 §§ 11-17: See note following RCW 43.185C.265.
Short title1995 c 312: See note following RCW 13.32A.010.
Part headings not lawSeverability1992 c 205: See notes following RCW 13.40.010.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.



Youth servicesCrisis residential centersRemoval to another center or secure facilityPlacement in secure juvenile detention facility.

(1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 43.185C.295 may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center, the nearest regional secure crisis residential center, or a secure facility with which it is collocated under RCW 43.185C.295. Placement in both locations shall not exceed fifteen consecutive days from the point of intake as provided in RCW 43.185C.290.
(2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department of social and health services' designee and, at their departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.
(3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department of social and health services or the department's designee, which shall include the services defined in RCW 43.185C.305(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 43.185C.290.
(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department of social and health services to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department of social and health services to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.

NOTES:

Short title2015 c 69: See RCW 43.330.911.
Effective date2000 c 162 §§ 11-17: See note following RCW 43.185C.265.
Short title1995 c 312: See note following RCW 13.32A.010.
Part headings not lawSeverability1992 c 205: See notes following RCW 13.40.010.
Conflict with federal requirements1991 c 364: See note following RCW 71.05.210.
Severability1981 c 298: See note following RCW 13.32A.040.
Effective dateSeverability1979 c 155: See notes following RCW 13.04.011.
Child admitted to secure facilityMaximum hours of custodyReconciliation effortInformation to parent and childWritten statement of services and rights: RCW 43.185C.290.



Youth servicesHOPE centersEstablishmentRequirements.

(1) The department shall establish HOPE centers across the state and may establish HOPE centers by contract, within funds appropriated by the legislature specifically for this purpose. HOPE centers shall be operated in a manner to reasonably assure that street youth placed there will not run away. Pursuant to rules established by the facility administrator, residents may come and go from the facility at reasonable hours such that no residents are free to come and go at all hours of the day and night. 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 HOPE center. Any street youth who runs away from a HOPE center shall not be readmitted unless specifically authorized by the street youth's placement and liaison specialist, and the placement and liaison specialist shall document with specific factual findings an appropriate basis for readmitting any street youth to a HOPE center. HOPE centers are required to have the following:
(a) A license issued by the department of children, youth, and families, including staff who meet licensing qualifications;
(b) A case manager who may be a contractual or a part-time employee, but must be available to work with street youth in a HOPE center at a ratio of one to every fifteen youth staying in a HOPE center. This case manager shall be known as a placement and liaison specialist. Preference shall be given to those case managers who have experience working with adolescents and are cross-credentialed in mental health and chemical dependency. The placement and liaison specialist shall:
(i) Conduct an assessment of the street youth that includes a determination of the street youth's legal status regarding residential placement;
(ii) Facilitate the street youth's return to his or her legally authorized residence at the earliest possible date or initiate processes to arrange legally authorized appropriate placement. Any street youth who may meet the definition of dependent child under RCW 13.34.030 must be referred to the department of children, youth, and families. The department of children, youth, and families shall determine whether a dependency petition should be filed under chapter 13.34 RCW. A shelter care hearing must be held within seventy-two hours to authorize out-of-home placement for any youth the department of children, youth, and families determines is appropriate for out-of-home placement under chapter 13.34 RCW. All of the provisions of chapter 13.32A RCW must be followed for children in need of services or at-risk youth;
(iii) Interface with other relevant resources and system representatives to secure long-term residential placement and other needed services for the street youth;
(iv) Be assigned immediately to each youth and meet with the youth within eight hours of the youth receiving HOPE center services;
(v) Facilitate a physical examination of any street youth who has not seen a physician within one year prior to residence at a HOPE center and facilitate evaluation by a county-designated mental health professional, a chemical dependency specialist, or both if appropriate; and
(vi) Arrange an educational assessment to measure the street youth's competency level in reading, writing, and basic mathematics, and that will measure learning disabilities or special needs;
(c) Staff trained in development needs of street youth as determined by the department, including but not limited to an on-site program manager who must work with the placement and liaison specialist to provide appropriate services on-site;
(d) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery. Data collection systems must have confidentiality rules and protocols developed by the department;
(e) Notification requirements that meet the notification requirements of chapter 13.32A RCW. The youth's arrival date and time must be logged at intake by HOPE center staff. The staff must immediately notify law enforcement and dependency caseworkers if a street youth runs away from a HOPE center. A child may be transferred to a secure facility as defined in RCW 13.32A.030 whenever the staff reasonably believes that a street youth is likely to leave the HOPE center and not return after full consideration of the factors set forth in RCW 43.185C.290(2)(a) (i) and (ii). The street youth's temporary placement in the HOPE center must be authorized by the court or the secretary of the department of children, youth, and families if the youth is a dependent of the state under chapter 13.34 RCW or the department of children, youth, and families is responsible for the youth under chapter 13.32A RCW, or by the youth's parent or legal custodian, until such time as the parent can retrieve the youth who is returning to home;
(f) HOPE centers must identify to the department of children, youth, and families any street youth it serves who is not returning promptly to home. The department of children, youth, and families then must contact the missing children's clearinghouse identified in chapter 13.60 RCW and either report the youth's location or report that the youth is the subject of a dependency action and the parent should receive notice from the department of children, youth, and families; and
(g) Services that provide counseling and education to the street youth.
(2) The department shall award contracts for the operation of HOPE center beds with the goal of facilitating the coordination of services provided for youth by such programs and those services provided by secure and semi-secure crisis residential centers.
(3) Subject to funds appropriated for this purpose, the department must incrementally increase the number of available HOPE beds by at least seventeen beds in fiscal year 2017, at least seventeen beds in fiscal year 2018, and at least seventeen beds in fiscal year 2019, such that by July 1, 2019, seventy-five HOPE beds are established and operated throughout the state as set forth in subsection (1) of this section.
(4) Subject to funds appropriated for this purpose, the beds available in HOPE centers shall be increased incrementally. The additional capacity shall be distributed around the state based upon need and, to the extent feasible, shall be geographically situated so that HOPE beds are available across the state. In determining the need for increased numbers of HOPE beds in a particular county or counties, one of the considerations should be the volume of truancy petitions filed there.

NOTES:

Short title2015 c 69: See RCW 43.330.911.
Phase in of beds1999 c 267 §§ 12 and 13: "Within funds specifically appropriated by the legislature, HOPE center beds referenced in section 12 of this act and responsible living skills program beds referenced in section 13 of this act shall be phased in at the rate of twenty-five percent each year beginning January 1, 2000, until the maximum is attained." [ 1999 c 267 § 26.]
Effective date1999 c 267 §§ 12 and 13: "Sections 12 and 13 of this act take effect January 1, 2000." [ 1999 c 267 § 27.]
FindingsIntentSeverability1999 c 267: See notes following RCW 43.20A.790.



Youth servicesHOPE centersEligibilityMinors.

To be eligible for placement in a HOPE center, a minor must be either a street youth, as that term is defined in this chapter, or a youth who, without placement in a HOPE center, will continue to participate in increasingly risky behavior, including truancy. Youth may also self-refer to a HOPE center.

NOTES:

Short title2015 c 69: See RCW 43.330.911.



Youth servicesHOPE centersResponsible living skills programsGrant proposalsTechnical assistance.

The department shall provide technical assistance in preparation of grant proposals for HOPE centers and responsible living skills programs to nonprofit organizations unfamiliar with and inexperienced in submission of requests for proposals to the department.
[ 1999 c 267 § 21. Formerly RCW 74.15.260.]

NOTES:

FindingsIntentSeverability1999 c 267: See notes following RCW 43.20A.790.



Youth servicesHOPE centersResponsible living skills programsAwarding of contracts.

The department shall consider prioritizing, on an ongoing basis, the awarding of contracts for HOPE centers and responsible living skills programs to providers who have not traditionally been awarded contracts with the department.
[ 1999 c 267 § 22. Formerly RCW 74.15.270.]

NOTES:

FindingsIntentSeverability1999 c 267: See notes following RCW 43.20A.790.



Students experiencing homelessnessGrant program to link families with housingProgram goalsGrant processRequirementsGrantees report to the department. (Effective until January 1, 2020.)

(1) Subject to funds appropriated for this specific purpose, the department shall administer a grant program that links students experiencing homelessness and their families with stable housing located in the student's school district. The goals of the program are to:
(a) Provide educational stability for students experiencing homelessness by promoting housing stability; and
(b) Encourage the development of collaborative strategies between housing and education partners.
(2) To ensure that innovative strategies between housing and education partners are developed and implemented, the department may contract and consult with a designated vendor to provide technical assistance and program evaluation, and assist with making grant awards. If the department contracts with a vendor, the vendor must be selected by the director and:
(a) Be a nonprofit vendor;
(b) Be located in Washington state; and
(c) Have a demonstrated record of working toward the housing and educational stability of students and families experiencing homelessness.
(3) In implementing the program, the department, or the department in partnership with its designated vendor, shall consult with the office of the superintendent of public instruction.
(4) The department, or the designated vendor in consultation with the department, shall develop a competitive grant process to make grant awards to eligible organizations on implementation of the proposal. For the purposes of this subsection, "eligible organization" means any local government, local housing authority, regional support network established under chapter 71.24 RCW, behavioral health organization, nonprofit community or neighborhood-based organization, federally recognized Indian tribe in the state of Washington, or regional or statewide nonprofit housing assistance organization. Applications for the grant program must include a memorandum of understanding between the housing providers and school districts defining the responsibilities and commitments of each party to identify, house, and support students experiencing homelessness. The memorandum must include:
(a) How housing providers will partner with school districts to address gaps and needs and develop sustainable strategies to help students experiencing homelessness; and
(b) How data on students experiencing homelessness and their families will be collected and shared in accordance with privacy protections under applicable federal and state laws.
(5) In determining which eligible organizations will receive grants, the department must ensure that selected grantees reflect geographic diversity across the state. Greater weight shall be given to eligible organizations that demonstrate a commitment to:
(a) Partnering with local schools or school districts; and
(b) Developing and implementing evidence-informed strategies to address racial inequities. Specific strategies may include, but are not limited to:
(i) Hiring direct service staff who reflect the racial, cultural, and language demographics of the population being served;
(ii) Committing to inclusive programming by intentionally seeking and utilizing input from the population being served;
(iii) Ensuring eligibility criteria does not unintentionally screen out people of color and further racial inequity; and
(iv) Creating access points in locations frequented by parents, guardians, and unaccompanied homeless youth of color.
(6) Activities eligible for assistance under this grant program include but are not limited to:
(a) Rental assistance, which includes utilities, security and utility deposits, first and last month's rent, rental application fees, moving expenses, and other eligible expenses to be determined by the department;
(b) Transportation assistance, including gasoline assistance for families with vehicles and bus passes;
(c) Emergency shelter;
(d) Housing stability case management; and
(e) Other collaborative housing strategies, including prevention and strength-based safety and housing approaches.
(7)(a) All beneficiaries of funds from the grant program must be from households that include at least one student experiencing homelessness as defined as a child or youth without a fixed, regular, and adequate nighttime residence in accordance with the federal McKinney-Vento homeless assistance act, 42 U.S.C. Sec. 11431 through 11435.
(b) For the purposes of this section, "student experiencing homelessness" includes unaccompanied homeless youth not in the physical custody of a parent or guardian. "Unaccompanied homeless youth" includes students up to the age of twenty-one, in alignment with the qualifications for school admissions under RCW 28A.225.160(1).
(8)(a) Grantee organizations must compile and report information to the department. The department shall report to the legislature the findings of the grantee, the housing stability of the homeless families, and any related policy recommendations.
(b) Grantees must track and report on the following measures including, but not limited to:
(i) Length of time enrolled in the grant program;
(ii) Housing destination at program exit;
(iii) Type of residence prior to enrollment in the grant program; and
(iv) Number of times homeless in the past three years.
(c) Grantees must also include in their reports a narrative description discussing its partnership with school districts as set forth in the memorandum outlined in subsection (4) of this section. Reports must also include the kinds of supports grantees are providing students and families to support academic learning.
(d) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180.
(9) In order to ensure that housing providers are meeting the requirements of the grant program for students experiencing homelessness, the department, or the department in partnership with its designee, shall monitor the program at least once every two years.
(10) Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the department. In its review, the department, or the department in partnership with its designee, shall monitor program components that include the process used by the eligible organization to identify and reach out to students experiencing homelessness, and other indicators to determine how well the eligible organization is meeting the housing needs of students experiencing homelessness. The department, or the department in partnership with its designee, shall provide technical assistance and support to housing providers to better implement the program.

NOTES:

FindingIntentShort title2016 c 157: See notes following RCW 28A.300.540.

Students experiencing homelessnessGrant program to link families with housingProgram goalsGrant processRequirementsGrantees report to the department. (Effective January 1, 2020.)

(1) Subject to funds appropriated for this specific purpose, the department shall administer a grant program that links students experiencing homelessness and their families with stable housing located in the student's school district. The goals of the program are to:
(a) Provide educational stability for students experiencing homelessness by promoting housing stability; and
(b) Encourage the development of collaborative strategies between housing and education partners.
(2) To ensure that innovative strategies between housing and education partners are developed and implemented, the department may contract and consult with a designated vendor to provide technical assistance and program evaluation, and assist with making grant awards. If the department contracts with a vendor, the vendor must be selected by the director and:
(a) Be a nonprofit vendor;
(b) Be located in Washington state; and
(c) Have a demonstrated record of working toward the housing and educational stability of students and families experiencing homelessness.
(3) In implementing the program, the department, or the department in partnership with its designated vendor, shall consult with the office of the superintendent of public instruction.
(4) The department, or the designated vendor in consultation with the department, shall develop a competitive grant process to make grant awards to eligible organizations on implementation of the proposal. For the purposes of this subsection, "eligible organization" means any local government, local housing authority, behavioral health administrative services organization established under chapter 71.24 RCW, behavioral health organization, nonprofit community or neighborhood-based organization, federally recognized Indian tribe in the state of Washington, or regional or statewide nonprofit housing assistance organization. Applications for the grant program must include a memorandum of understanding between the housing providers and school districts defining the responsibilities and commitments of each party to identify, house, and support students experiencing homelessness. The memorandum must include:
(a) How housing providers will partner with school districts to address gaps and needs and develop sustainable strategies to help students experiencing homelessness; and
(b) How data on students experiencing homelessness and their families will be collected and shared in accordance with privacy protections under applicable federal and state laws.
(5) In determining which eligible organizations will receive grants, the department must ensure that selected grantees reflect geographic diversity across the state. Greater weight shall be given to eligible organizations that demonstrate a commitment to:
(a) Partnering with local schools or school districts; and
(b) Developing and implementing evidence-informed strategies to address racial inequities. Specific strategies may include, but are not limited to:
(i) Hiring direct service staff who reflect the racial, cultural, and language demographics of the population being served;
(ii) Committing to inclusive programming by intentionally seeking and utilizing input from the population being served;
(iii) Ensuring eligibility criteria does not unintentionally screen out people of color and further racial inequity; and
(iv) Creating access points in locations frequented by parents, guardians, and unaccompanied homeless youth of color.
(6) Activities eligible for assistance under this grant program include but are not limited to:
(a) Rental assistance, which includes utilities, security and utility deposits, first and last month's rent, rental application fees, moving expenses, and other eligible expenses to be determined by the department;
(b) Transportation assistance, including gasoline assistance for families with vehicles and bus passes;
(c) Emergency shelter;
(d) Housing stability case management; and
(e) Other collaborative housing strategies, including prevention and strength-based safety and housing approaches.
(7)(a) All beneficiaries of funds from the grant program must be from households that include at least one student experiencing homelessness as defined as a child or youth without a fixed, regular, and adequate nighttime residence in accordance with the federal McKinney-Vento homeless assistance act, 42 U.S.C. Sec. 11431 through 11435.
(b) For the purposes of this section, "student experiencing homelessness" includes unaccompanied homeless youth not in the physical custody of a parent or guardian. "Unaccompanied homeless youth" includes students up to the age of twenty-one, in alignment with the qualifications for school admissions under RCW 28A.225.160(1).
(8)(a) Grantee organizations must compile and report information to the department. The department shall report to the legislature the findings of the grantee, the housing stability of the homeless families, and any related policy recommendations.
(b) Grantees must track and report on the following measures including, but not limited to:
(i) Length of time enrolled in the grant program;
(ii) Housing destination at program exit;
(iii) Type of residence prior to enrollment in the grant program; and
(iv) Number of times homeless in the past three years.
(c) Grantees must also include in their reports a narrative description discussing its partnership with school districts as set forth in the memorandum outlined in subsection (4) of this section. Reports must also include the kinds of supports grantees are providing students and families to support academic learning.
(d) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180.
(9) In order to ensure that housing providers are meeting the requirements of the grant program for students experiencing homelessness, the department, or the department in partnership with its designee, shall monitor the program at least once every two years.
(10) Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the department. In its review, the department, or the department in partnership with its designee, shall monitor program components that include the process used by the eligible organization to identify and reach out to students experiencing homelessness, and other indicators to determine how well the eligible organization is meeting the housing needs of students experiencing homelessness. The department, or the department in partnership with its designee, shall provide technical assistance and support to housing providers to better implement the program.

NOTES:

Reviser's note: This section was amended by 2019 c 325 § 5015 and by 2019 c 412 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date2019 c 325: See note following RCW 71.24.011.
FindingIntentShort title2016 c 157: See notes following RCW 28A.300.540.



Short title.

This chapter may be known and cited as the homelessness housing and assistance act.



Conflict with federal requirements2005 c 484.

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. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.



Effective date2005 c 484.

This act takes effect August 1, 2005.