title: RCW 13.24.011

text:
EXECUTION OF THE COMPACT
The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows. No provision of this compact will interfere with this state's authority to determine policy regarding juvenile offenders and nonoffenders within this state.
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I - Purpose
The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. Sec. 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to: (1) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (2) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (3) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return; (4) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (5) provide for the effective tracking and supervision of juveniles; (6) equitably allocate the costs, benefits, and obligations of the compacting states; (7) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (8) ensure immediate notice to jurisdictions where defined offenders may travel or relocate across state lines; (9) establish procedures to resolve pending charges (detainers) against juvenile offenders before transfer or release to the community under the terms of this compact; (10) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (11) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (12) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (13) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created in this section are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
ARTICLE II - Definitions
As used in this compact, unless the context clearly requires a different construction:
(1) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling its actions or conduct.
(2) "Commissioner" means the voting representative of each compacting state appointed under Article III of this compact.
(3) "Compact administrator" means the individual in each compacting state appointed under the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.
(4) "Compacting state" means any state that has enacted the enabling legislation for this compact.
(5) "Court" means any court having jurisdiction over delinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator under the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission, and policies adopted by the state council under this compact.
(7) "Interstate commission" means the interstate commission for juveniles created by Article III of this compact.
(8) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including:
(a) An accused delinquent, meaning a person charged with an offense that, if committed by an adult, would be a criminal offense;
(b) An adjudicated delinquent, meaning a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(c) An accused status offender, meaning a person charged with an offense that would not be a criminal offense if committed by an adult;
(d) An adjudicated status offender, meaning a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(e) A nonoffender, meaning a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
(10) "Probation or parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
(11) "Rule" means a written statement by the interstate commission issued under Article VI of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state. This includes the amendment, repeal, or suspension of an existing rule.
(12) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
ARTICLE III - Interstate Commission for Juveniles
(1) The compacting states hereby create the "interstate commission for juveniles." The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers, and duties set forth in this section, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(2) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state under the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the interstate commission in such capacity under the applicable law of the compacting state.
(3) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the interstate commission shall be nonvoting members. The interstate commission may provide in its bylaws for such additional nonvoting members, including members of other national organizations, in such numbers as shall be determined by the commission.
(4) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
(5) The interstate commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(6) The interstate commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff, administer enforcement and compliance with the compact, its bylaws, and rules, and perform such other duties as directed by the interstate commission or set forth in the bylaws.
(7) Each member of the interstate commission may cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
(8) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the interstate commission's internal personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial information that is privileged or confidential;
(d) Involve accusing any person of a crime, or formally censuring any person;
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigative records compiled for law enforcement purposes;
(g) Disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.
(10) For every closed meeting, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes.
(11) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules that specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to current technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV - Powers and Duties of the Interstate Commission
The commission has the following powers and duties:
(1) Provide for dispute resolution among compacting states;
(2) Adopt rules to effect the purposes and obligations of this compact which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) Oversee, supervise, and coordinate the interstate movement of juveniles subject to this compact and any bylaws adopted and rules adopted by the interstate commission;
(4) Enforce compliance with the compact provisions, the rules adopted by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;
(5) Establish and maintain offices that are located within one or more of the compacting states;
(6) Purchase and maintain insurance and bonds;
(7) Borrow, accept, hire, or contract for personnel services;
(8) Establish and appoint committees and hire staff that it deems necessary to carry out its functions including, but not limited to, an executive committee as required by Article III of this compact that may act on behalf of the interstate commission in carrying out its powers and duties;
(9) Elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the interstate commission's personnel policies and programs relating to inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) Accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, use, and dispose of the donations and grants;
(11) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(13) Establish a budget and make expenditures and levy dues as provided in Article VIII of this compact;
(14) Sue and be sued;
(15) Adopt a seal and bylaws governing the management and operation of the interstate commission;
(16) Perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) Report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Reports shall also include any recommendations adopted by the interstate commission;
(18) Coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;
(19) Establish uniform standards of the reporting, collecting, and exchanging of data; and
(20) Maintain its corporate books and records in accordance with the bylaws.
ARTICLE V - Organization and Operation of the Interstate Commission
Section A. Bylaws
The interstate commission shall, by a majority of the members present and voting, within twelve months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other committees as may be necessary;
(3) Providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;
(4) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the officers of the interstate commission;
(6) Providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
(7) Providing "start-up" rules for initial administration of the compact; and
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and staff
(1) The interstate commission shall, by a majority of the members, elect annually from among its members a chair and a vice chair, each of whom has the authority and duties that are specified in the bylaws. The chair or, in the chair's absence or disability, the vice chair shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission. However, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the interstate commission deems appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as authorized by the interstate commission.
Section C. Qualified immunity, defense, and indemnification
(1) The commission's executive director and employees are immune from suit and liability, either personally or in their official capacity, for any claim for damage to, loss of property, personal injury, or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. However, any such person is not protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(3) The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(4) The interstate commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI - Rule-making Functions of the Interstate Commission
(1) The interstate commission shall adopt and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(2) Rule making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rule making shall substantially conform to the principles of the "model state administrative procedures act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States supreme court. All rules and amendments become binding as of the date specified, as published with the final version of the rule as approved by the commission.
(3) When adopting a rule, the interstate commission shall, at a minimum:
(a) Publish the proposed rule's entire text stating the reason or reasons for that proposed rule;
(b) Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;
(c) Provide an opportunity for an informal hearing if petitioned by ten or more persons; and
(d) Adopt a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(4) The interstate commission shall allow, not later than sixty days after a rule is adopted, any interested person to file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rule-making record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the model state administrative procedures act.
(5) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that rule to have no further force and effect in any compacting state.
(6) The existing rules governing the operation of the interstate compact on juveniles superseded by chapter 180, Laws of 2003 shall be null and void twelve months after the first meeting of the interstate commission created under this section.
(7) Upon determination by the interstate commission that a state of emergency exists, it may adopt an emergency rule that becomes effective immediately upon adoption. However, the usual rule-making procedures shall be retroactively applied to the rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.
ARTICLE VII - Oversight, Enforcement, and Dispute Resolution by the Interstate Commission
Section A. Oversight
(1) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states that may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules adopted under this section shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute resolution
(1) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the compact and its bylaws and rules.
(2) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII - Finance
(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall adopt a rule binding upon all compacting states that governs the assessment.
(3) The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE IX - The State Council
Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as may be determined by that state, including but not limited to development of policy concerning operations and procedures of the compact within that state.
Pursuant to this compact, the governor shall designate an individual who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The governor shall designate the compact administrator from a list of six individuals, three of whom are recommended by the Washington association of juvenile court administrators and three of whom are recommended by the juvenile rehabilitation administration of the department of social and health services. The administrator shall serve subject to the pleasure of the governor. The administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state.
ARTICLE X - Compacting States, Effective Date, and Amendment
(1) Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands as defined in Article II of this compact is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states and territories of the United States.
(3) The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI - Withdrawal, Default, Termination,
and Judicial Enforcement
Section A. Withdrawal
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state. However, a compacting state may withdraw from the compact by repealing the statute that enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or adopted rules, the interstate commission may impose any or all of the following penalties:
(a) Remedial training and technical assistance as directed by the interstate commission;
(b) Alternative dispute resolution;
(c) Fines, fees, and costs in such amounts as set by the interstate commission; and
(d) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or rules and any other grounds designated in commission bylaws and rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.
(2) Within sixty days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
Section C. Judicial enforcement
The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its rules, and bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorneys' fees.
Section D. Dissolution of compact
(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII - Severability and Construction
(1) The provisions of this compact are severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact are enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII - Binding Effect of Compact and Other Laws
Section A. Other laws
(1) Nothing in this section prevents the enforcement of any other law of a compacting state that is consistent with this compact.
(2) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact
(1) All lawful actions of the interstate commission, including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states.
(2) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
[ 2003 c 180 s 1.]
Notes:
Contingent effective date—2003 c 180: "This act takes effect July 1, 2004, or when the interstate compact for juveniles is adopted by thirty-five or more states, whichever occurs later." [ 2003 c 180 s 4.] Illinois was the 35th state to adopt the interstate compact for juveniles on August 26, 2008.

catchline: Execution of compact.


doc_type: statute

jurisdiction: wa

title: RCW 13.24.021

text:
Pursuant to the compact created in RCW 13.24.011, the governor is hereby authorized and empowered to designate a state council as required in Article IX of the compact.
[ 2003 c 180 s 2.]
Notes:
Contingent effective date—2003 c 180: See note following RCW 13.24.011.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Designation of state council.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 13.24.030

text:
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
[ 1955 c 284 s 3.]

catchline: Supplementary agreements.


title: RCW 13.24.035

text:
(1) The governor is hereby authorized and directed to execute a compact amending and supplementing the interstate compact on juveniles on behalf of this state with any other state or states legally joining therein in the form substantially as set forth in subsection (2) of this section.
(2)(a) All provisions and procedures of Articles V and VI of the interstate compact on juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile charged with being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the compact shall be forwarded by the judge of the court in which the petition has been filed.
(b) This amendment provides additional remedies and shall be binding only as among and between those party states which substantially execute the same.
[ 1979 c 155 s 36.]
Notes:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Governor authorized and directed to execute supplementary compact—Contents.


title: RCW 13.24.040

text:
The compact administrator, subject to the approval of the office of financial management, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
[ 1979 ex.s. c 86 s 1; 1955 c 284 s 4.]
Notes:
Severability—1979 ex.s. c 86: "If any provision of this 1979 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." [ 1979 ex.s. c 86 s 9.]

catchline: Financial arrangements.


title: RCW 13.24.050

text:
Any judge of this state who appoints counsel or guardian ad litem pursuant to the provision of the compact may, in his or her discretion, fix a fee to be paid out of funds available for disposition by the court but no such fee shall exceed twenty-five dollars.
[ 2010 c 8 s 4005; 1955 c 284 s 5.]

catchline: Fees.


title: RCW 13.24.060

text:
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
[ 1955 c 284 s 6.]

catchline: Responsibilities of state departments, agencies and officers.


title: RCW 13.24.900

text:
This chapter may be cited as the "uniform interstate compact on juveniles."
[ 1955 c 284 s 7.]

catchline: Short title.


title: RCW 13.32A.010

text:
The legislature finds that within any group of people there exists a need for guidelines for acceptable behavior and that, presumptively, the experience and maturity of parents make them better qualified to establish guidelines beneficial to and protective of their children. The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults within that unit. Further, absent abuse or neglect, parents have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that it should remain intact in the absence of compelling evidence to the contrary.
The legislature recognizes there is a need for services and assistance for parents and children who are in conflict. These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse, serious acting out problems, mental health needs, and other behaviors that endanger themselves or others.
The legislature finds many parents do not know their rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal recourse for the chronic runaway child who is endangering himself or herself through his or her behavior. The legislature further recognizes that for chronic runaways whose behavior puts them in serious danger of harming themselves or others, secure facilities must be provided to allow opportunities for assessment, treatment, and to assist parents and protect their children. The legislature intends to give tools to parents, courts, and law enforcement to keep families together and reunite them whenever possible.
The legislature recognizes that some children run away to protect themselves from abuse or neglect in their homes. Abused and neglected children should be dealt with pursuant to chapter 13.34 RCW and it is not the intent of the legislature to handle dependency matters under this chapter.
The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and their families and that the courts be used as a last resort.
The legislature intends to increase the safety of children through the preservation of families and the provision of assessment, treatment, and placement services for children in need of services and at-risk youth including services and assessments conducted under chapter 13.32A RCW and *RCW 74.13.033. Within available funds, the legislature intends to provide these services through crisis residential centers in which children and youth may safely reside for a limited period of time. The time in residence shall be used to conduct an assessment of the needs of the children, youth, and their families. The assessments are necessary to identify appropriate services and placement options that will reduce the likelihood that children will place themselves in dangerous or life-threatening situations.
The legislature recognizes that crisis residential centers provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children in the center and their parents.
The legislature intends to provide for the protection of children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize, and treat children with serious problems. The legislature further intends to empower parents by providing them with the assistance they require to raise their children.
[ 2000 c 123 s 1; 1995 c 312 s 1; 1979 c 155 s 15.]
Notes:
*Reviser's note: RCW 74.13.033 was recodified as RCW 43.185C.305 pursuant to 2015 c 69 s 30.
Short title—1995 c 312: "This act may be known and cited as the "Becca bill."" [ 1995 c 312 s 2.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Legislative findings and intent.


title: RCW 13.32A.015

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

catchline: At-risk youth services—Intent.


title: RCW 13.32A.020

text:
This chapter shall be known and may be cited as the family reconciliation act.
[ 1990 c 276 s 2; 1979 c 155 s 16.]
Notes:
Conflict with federal requirements—1990 c 276: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1990 c 276 s 19.]
Severability—1990 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 276 s 20.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.


title: RCW 13.32A.030

text:
As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child by any person under circumstances that indicate the child's health, welfare, and safety is harmed, excluding conduct permitted under RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.
(2) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.
(3) "At-risk youth" means a juvenile:
(a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or
(c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.
(4) "Child," "juvenile," "youth," and "minor" mean any unemancipated individual who is under the chronological age of eighteen years.
(5) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person;
(b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours on two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or a court-ordered placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person;
(c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B) services designed to maintain or reunite the family;
(ii) Who lacks access to, or has declined to use, these services; and
(iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure; or
(d) Who is a "sexually exploited child."
(6) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child.
(7) "Community-based family reconciliation services" means family reconciliation services as defined in this section that are provided by a community-based entity under contract with the department.
(8) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.
(9) "Custodian" means the person or entity that has the legal right to custody of the child.
(10) "Department" means the department of children, youth, and families.
(11) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
(12) "Family reconciliation services" means services provided by culturally relevant, trauma-informed community-based entities under contract with the department, or provided directly by the department, designed to assess and stabilize the family with the goal of resolving crisis and building supports, skills, and connection to community networks and resources including, but not limited to:
(a) Referrals for services for suicide prevention, psychiatric or other medical care, psychological care, behavioral health treatment, legal assistance, or educational assistance;
(b) Parent training;
(c) Assistance with conflict management or dispute resolution; or
(d) Other social services, as appropriate to meet the needs of the child and the family.
(13) "Guardian" means the person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.
(14) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent. The team must include the parent, a department caseworker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members. The team members must be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.
(15) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(16) "Parent" means the parent or parents who have the legal right to custody of the child. "Parent" includes custodian or guardian.
(17) "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.
(18) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.
(19) "Sexually exploited child" means any person under the age of eighteen who is a victim of the crime of commercial sex abuse of a minor under RCW 9.68A.100, promoting commercial sexual abuse of a minor under RCW 9.68A.101, or promoting travel for commercial sexual abuse of a minor under RCW 9.68A.102.
(20) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department with a ratio of at least one adult staff member to every two children.
(21) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.
[ 2025 c 165 s 1. Prior: 2020 c 51 s 1; 2017 3rd sp.s. c 6 s 417; 2013 c 4 s 1; 2010 c 289 s 1; 2000 c 123 s 2; 1997 c 146 s 1; 1996 c 133 s 9; 1995 c 312 s 3; 1990 c 276 s 3; 1985 c 257 s 6; 1979 c 155 s 17.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2010 c 289: "Section 1 of this act takes effect July 1, 2011." [ 2010 c 289 s 2.]
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1985 c 257: See note following RCW 13.34.165.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Definitions—Regulating leave from semi-secure facility.


title: RCW 13.32A.040

text:
(1) Subject to the availability of funding appropriated for this specific purpose, the department, or a designated contractor of the department, shall:
(a) Offer family reconciliation services to families or youth who are experiencing conflict and who may be in need of services upon request from the family or youth;
(b) Offer family reconciliation services to families or youth after receiving a report that a youth is away from a lawfully prescribed residence or home without parental permission under RCW 13.32A.082(1). If the family or youth is being served by the community support team created under RCW 43.330.726, the department or designated contractor of the department must:
(i) Still offer family reconciliation services; and
(ii) Coordinate with the community support team created in RCW 43.330.726;
(c) Offer family reconciliation services to families or youth, where the youth is in a county juvenile detention center and family conflict exists, upon request by the youth, family, or juvenile detention center; and
(d) Offer family reconciliation services to families or youth, where the youth is identified through the housing stability for youth in crisis program as described in *RCW 43.330.724, upon request by the youth, family, or program.
(2) The department may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services. Such services shall be provided to alleviate personal or family situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible.
[ 2025 c 165 s 2; 2023 c 151 s 1; 2020 c 51 s 2; 2000 c 123 s 3; 1995 c 312 s 5; 1994 c 304 s 3; 1990 c 276 s 4; 1981 c 298 s 1; 1979 c 155 s 18.]
Notes:
*Reviser's note: RCW 43.330.724 expired July 1, 2026.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1994 c 304: See note following RCW 28A.635.060.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 298 s 20.]
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Family reconciliation services.


title: RCW 13.32A.045

text:
(1) Beginning December 1, 2020, and annually thereafter, in compliance with RCW 43.01.036, the department shall make data available on the use of family reconciliation services which includes:
(a) The number of requests for family reconciliation services;
(b) The number of referrals made for family reconciliation services;
(c) The demographic profile of families and youth accessing family reconciliation services including race, ethnicity, housing status, child welfare history, existence of an individualized education program, eligibility for services under 29 U.S.C. Sec. 701, or eligibility for other disability-related services;
(d) The nature of the family conflict;
(e) The type and length of the family reconciliation services delivered;
(f) Family outcomes after receiving family reconciliation services;
(g) Recommendations for improving family reconciliation services;
(h) The number of requests for community-based reconciliation services; and
(i) The number of referrals made to community-based family reconciliation services.
(2) If the department cannot provide the information specified under subsection (1) of this section, the department shall identify steps necessary to obtain and make available the information required under subsection (1) of this section.
[ 2025 c 165 s 3; 2020 c 51 s 4.]

catchline: Family reconciliation services—Data.


title: RCW 13.32A.052

text:
By July 1, 2025, and subject to the amounts appropriated for this specific purpose, the department shall offer a contract or contracts to provide community-based family reconciliation services in at least one location that is already providing community-based family reconciliation services.
[ 2025 c 165 s 4.]
Notes:
Effective date—2025 c 165 s 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2025." [ 2025 c 165 s 5.]


title: RCW 13.32A.080

text:
(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
(2) Unlawful harboring of a minor is punishable as a gross misdemeanor.
(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
[ 2000 c 123 s 9; 1994 sp.s. c 7 s 507; 1981 c 298 s 6; 1979 c 155 s 22.]
Notes:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Unlawful harboring of a minor—Penalty—Defense—Prosecution of adult for involving child in commission of offense.


title: RCW 13.32A.082

text:
(1)(a) Except as provided in (b) of this subsection, any person, unlicensed youth shelter, or runaway and homeless youth program that, without legal authorization, provides shelter to a minor and that knows at the time of providing the shelter that the minor is away from a lawfully prescribed residence or home without parental permission, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department.
(b)(i) If a licensed overnight youth shelter, or another licensed organization with a stated mission to provide services to homeless or runaway youth and their families, shelters a child and knows at the time of providing the shelter that the child is away from a lawfully prescribed residence or home without parental permission, it must contact the youth's parent within 72 hours, but preferably within 24 hours, following the time that the youth is admitted to the shelter or other licensed organization's program. The notification must include the whereabouts of the youth, a description of the youth's physical and emotional condition, and the circumstances surrounding the youth's contact with the shelter or organization. If there are compelling reasons not to notify the parent, the shelter or organization must instead notify the department. When a minor remains in a licensed overnight youth shelter or with another licensed organization with a stated mission to provide services to homeless or runaway youth and their families under subsection (1)(b)(i)(A) and (B) of this section [(b)(i)(A) and (B) of this subsection], the shelter or organization must also notify the department. A minor may provide authorization to remain in a licensed overnight youth shelter or with another licensed organization with a stated mission to provide services to homeless or runaway youth and their families, subject to any limits established by those licensed shelters or organizations, for up to 90 days if:
(A) The licensed overnight youth shelter or other licensed organization with a stated mission to provide services to homeless or runaway youth and their families is unable to make contact with a parent despite their notification efforts required under this section; or
(B) The licensed overnight youth shelter or other licensed organization with a stated mission to provide services to homeless or runaway youth and their families makes contact with a parent, but the parent does not request that the child return home even if the parent does not provide consent for the minor remaining in the licensed overnight youth shelter or other licensed organization with a stated mission to provide services to homeless or runaway youth.
(ii) At least once every eight hours after learning that a youth receiving services or shelter under this section is away from home without permission, the shelter or organization staff must consult the information that the Washington state patrol makes publicly available under RCW 43.43.510(2). If the youth is publicly listed as missing, the shelter or organization must immediately notify the department of its contact with the youth listed as missing. The notification must include a description of the minor's physical and emotional condition and the circumstances surrounding the youth's contact with the shelter or organization.
(c) Reports required under this section may be made by telephone or any other reasonable means.
(2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
(a) "Shelter" means the person's home or any structure over which the person has any control.
(b) "Promptly report" means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.
(c) "Compelling reasons" include, but are not limited to:
(i) Circumstances that indicate that notifying the parent or legal guardian will subject the minor to abuse or neglect as defined in RCW 26.44.020; or
(ii) When a minor is seeking or receiving protected health care services.
(d) "Protected health care services" means gender-affirming treatment as defined in RCW 74.09.675 and reproductive health care services as defined in RCW 74.09.875.
(3)(a) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services to the youth and the family designed to resolve the conflict, including offering family reconciliation services, and accomplish a reunification of the family. The department shall offer services under this subsection as soon as possible, but no later than three days, excluding weekends and holidays, following the receipt of a report under subsection (1) of this section.
(b) When the department receives a report under subsection (1) of this section for a minor who is seeking or receiving protected health care services, it shall:
(i) Offer to make referrals on behalf of the minor for appropriate behavioral health services; and
(ii) Offer services designed to resolve the conflict and accomplish a reunification of the family.
(4) Nothing in this section prohibits any person, unlicensed youth shelter, or runaway and homeless youth program from immediately reporting the identity and location of any minor who is away from a lawfully prescribed residence or home without parental permission more promptly than required under this section.
(5) Nothing in this section limits a person's duty to report child abuse or neglect as required by RCW 26.44.030 or removes the requirement that the law enforcement agency of the jurisdiction in which the person lives be notified.
[ 2023 c 408 s 2; 2023 c 151 s 2; 2013 c 4 s 2; 2011 c 151 s 1; 2010 c 229 s 2; 2000 c 123 s 10; 1996 c 133 s 14; 1995 c 312 s 34.]
Notes:
Reviser's note: This section was amended by 2023 c 151 s 2 and by 2023 c 408 s 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).
Findings—Intent—2023 c 408: "The legislature finds that unsheltered homelessness for youth poses a serious threat to their health and safety. The Trevor project has found that one in three transgender youth report attempting suicide. Homelessness amongst transgender youth can further endanger an already at-risk population. The legislature further finds that barriers to accessing shelter can place a chilling effect on exiting unsheltered homelessness and therefore create additional risk and dangers for youth. Youth seeking certain medical services are especially at risk and vulnerable. Therefore, the legislature intends to remove barriers to accessing temporary, licensed shelter accommodations for youth seeking certain protected health care services." [ 2023 c 408 s 1.]
Effective date—2011 c 151 s 1: "Section 1 of this act takes effect July 1, 2012." [ 2011 c 151 s 2.]
Findings—2010 c 229: "The legislature finds that youth services provide safety to youth on the streets and are a critical pathway to ensuring the youth's return home. Runaway youth are without protection, live under the threat of violence, and fall victim to predators who exploit their vulnerability. The policy of this state is to provide assistance to youth in crisis and to protect and preserve families. In order to effectively serve youth on the streets and promote their safe return home, shelters must have the time to establish and maintain an environment that facilitates open communication and trust.
The legislature also finds that parents of runaway youth have an interest in knowing their sons and daughters are safe in a shelter, rather than on the streets without protection. The legislature further finds that law enforcement and the department can notify a parent that the youth is safe, without disclosing the youth's location or compromising the ability of youth services providers to effectively assist youth in crisis." [ 2010 c 229 s 1.]
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Providing shelter to minor—Requirement to notify parent, law enforcement, or department.


title: RCW 13.32A.084

text:
If a person provides the notice required in RCW 13.32A.082, he or she is immune from liability for any cause of action arising from providing shelter to the child. The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.
[ 1995 c 312 s 36.]
Notes:
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Providing shelter to minor—Immunity from liability.


title: RCW 13.32A.085

text:
A private right of action or claim on the part of a parent is created against an unlicensed youth shelter or unlicensed runaway and homeless youth program that fails to meet the reporting requirements in RCW 13.32A.082(1) (a), (b), and (c).
[ 2013 c 4 s 3; 2010 c 229 s 3.]
Notes:
Findings—2010 c 229: See note following RCW 13.32A.082.

catchline: Unlicensed youth shelter or unlicensed runaway and homeless youth program—Private right of action or claim.


title: RCW 13.32A.086

text:
Whenever a law enforcement agency receives a report from a parent that his or her child, or child over whom the parent has custody, has without permission of the parent left the home or residence lawfully prescribed for the child under circumstances where the parent believes that the child has run away from the home or the residence, the agency shall provide for placing information identifying the child in files under RCW 43.43.510.
[ 1995 c 312 s 37.]
Notes:
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Duty of law enforcement agencies to identify runaway children under RCW 43.43.510.


title: RCW 13.32A.100

text:
Where a child is placed in an out-of-home placement pursuant to *RCW 13.32A.090(3)(d)(ii), the department shall make available family reconciliation services in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent.
[ 2000 c 123 s 13; 1996 c 133 s 16; 1981 c 298 s 8; 1979 c 155 s 24.]
Notes:
*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 s 30.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Family reconciliation services for child in out-of-home placement.


title: RCW 13.32A.110

text:
If a child who has a legal residence outside the state of Washington is admitted to a crisis residential center or is released by a law enforcement officer to the department, and the child refuses to return home, the provisions of *RCW 13.24.010 shall apply.
[ 1996 c 133 s 17; 1979 c 155 s 25.]
Notes:
*Reviser's note: RCW 13.24.010 was repealed by 2003 c 180 s 3, effective August 26, 2008.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Interstate compact on juveniles: Chapter 13.24 RCW.

catchline: Interstate compact to apply, when.


title: RCW 13.32A.120

text:
(1) Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to *RCW 13.32A.090(3)(d)(ii), the administrator of the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable.
(2) If a child and his or her parent cannot agree to an out-of-home placement under *RCW 13.32A.090(3)(d)(ii), either the child or parent may file a child in need of services petition to approve an out-of-home placement or the parent may file an at-risk youth petition.
(3) If a child and his or her parent cannot agree to the continuation of an out-of-home placement under *RCW 13.32A.090(3)(d)(ii), either the child or parent may file a child in need of services petition to continue an out-of-home placement or the parent may file an at-risk youth petition.
[ 2000 c 123 s 14; 1996 c 133 s 18; 1995 c 312 s 11; 1990 c 276 s 7; 1979 c 155 s 26.]
Notes:
*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 s 30.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Out-of-home placement—Agreement, continuation—Petition to approve or continue.


title: RCW 13.32A.125

text:
In approving a petition under this chapter, a child may be placed in a semi-secure crisis residential center as a temporary out-of-home placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no child will be denied access for a five-day placement due to this placement.
Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself or herself shall have priority over a temporary out-of-home placement in the facility. Any out-of-home placement order shall be subject to this priority, and the administrator of the semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home placement as necessary to ensure access for youth needing the semi-secure crisis residential center.
[ 1995 c 312 s 44.]
Notes:
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Temporary out-of-home placement in semi-secure crisis residential center.


title: RCW 13.32A.128

text:
The department may take a runaway youth to a secure facility after attempting to notify the parent of the child's whereabouts. The department may not take a child to a secure facility if the department has reasonable cause to believe that the reason for the child's runaway status is the result of abuse or neglect.
[ 2009 c 569 s 5.]

catchline: Child admitted to secure facility—Limitations.


title: RCW 13.32A.140

text:
Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:
(1) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, and:
(a) The parent has been notified that the child was so admitted or placed;
(b) The child cannot return home, and legal authorization is needed for out-of-home placement beyond seventy-two hours;
(c) No agreement between the parent and the child as to where the child shall live has been reached;
(d) No child in need of services petition has been filed by either the child or parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
(2) The child has been admitted to a crisis residential center and:
(a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;
(b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and
(c) The child has no suitable place to live other than the home of his or her parent.
(3) An agreement between parent and child made pursuant to *RCW 13.32A.090(3)(d)(ii) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:
(a) The party to whom the arrangement is no longer acceptable has so notified the department;
(b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;
(c) No new agreement between parent and child as to where the child shall live has been reached;
(d) No child in need of services petition has been filed by either the child or the parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in an out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed and resolved by the juvenile court. The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department. The state, when the department files a child in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.
[ 2000 c 123 s 16; 1997 c 146 s 5; 1996 c 133 s 19; 1995 c 312 s 15; 1990 c 276 s 9; 1981 c 298 s 10; 1979 c 155 s 28.]
Notes:
*Reviser's note: RCW 13.32A.090 was recodified as RCW 43.185C.280 pursuant to 2015 c 69 s 30.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Out-of-home placement—Child in need of services petition by department—Procedure.


title: RCW 13.32A.150

text:
(1) Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that the department, or a community-based entity under contract with the department, has completed a family assessment. The family assessment shall involve the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child.
(2) A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child before completion of a family assessment. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under this chapter.
(3) A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.
[ 2020 c 51 s 3; 2019 c 312 s 10; 2000 c 123 s 17; 1996 c 133 s 20; 1995 c 312 s 16; 1992 c 205 s 208; 1990 c 276 s 10; 1989 c 269 s 1; 1981 c 298 s 11; 1979 c 155 s 29.]
Notes:
Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Out-of-home placement—Child in need of services petition by child or parent.


title: RCW 13.32A.152

text:
(1) Whenever a child in need of services petition is filed by: (a) A youth pursuant to RCW 13.32A.150; (b) the child or the child's parent pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt.
(2) Whenever a child in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed.
(3) When a child in need of services petition is filed by the department, and the court or the petitioning party knows or has reason to know that an Indian child is involved, the provisions of chapter 13.38 RCW apply.
[ 2011 c 309 s 21; 2004 c 64 s 5; 2000 c 123 s 18; 1996 c 133 s 21; 1995 c 312 s 4.]
Notes:
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Child in need of services petition—Service on parents—Notice to department—Petitions regarding Indian children.


title: RCW 13.32A.160

text:
(1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.130, 13.34, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.
(2) Upon filing of a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, HOPE center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.
(3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.
[ 2020 c 312 s 724; 2019 c 124 s 1; 2000 c 123 s 19; 1997 c 146 s 6; 1996 c 133 s 22; 1995 c 312 s 17; 1990 c 276 s 11; 1989 c 269 s 2; 1979 c 155 s 30.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Out-of-home placement—Court action upon filing of child in need of services petition—Child placement.


title: RCW 13.32A.170

text:
(1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.
(2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:
(a) The child is a child in need of services as defined in RCW 13.32A.030(5);
(b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;
(c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(d) A suitable out-of-home placement resource is available.
The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.
The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.
(3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; or (c) dismiss the petition.
At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.
[ 2000 c 123 s 20; 1996 c 133 s 23; 1995 c 312 s 18; 1989 c 269 s 3; 1987 c 524 s 1; 1985 c 257 s 10; 1984 c 188 s 1; 1981 c 298 s 12; 1979 c 155 s 31.]
Notes:
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.


title: RCW 13.32A.175

text:
In any proceeding in which the court approves an out-of-home placement, the court shall inquire into the ability of parents to contribute to the child's support. If the court finds that the parents are able to contribute to the support of the child, the court shall order them to make such support payments as the court deems equitable. The court may enforce such an order by execution or in any way in which a court of equity may enforce its orders. However, payments shall not be required of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child. All orders entered in a proceeding approving out-of-home placement shall be in compliance with the provisions of RCW 26.23.050.
[ 1995 c 312 s 19; 1987 c 435 s 13; 1981 c 298 s 15.]
Notes:
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1981 c 298: See note following RCW 13.32A.040.

catchline: Out-of-home placement—Contribution to child's support—Enforcement of order.


title: RCW 13.32A.177

text:
A determination of support payments ordered under RCW 13.32A.175 shall be based upon chapter 26.19 RCW.
[ 1995 c 312 s 22; 1988 c 275 s 14.]
Notes:
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective dates—Severability—1988 c 275: See notes following RCW 26.19.001.

catchline: Out-of-home placement—Determination of support payments.


title: RCW 13.32A.178

text:
The department shall promulgate rules that create good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement under chapter 13.34 or 13.32A RCW that do not violate federal funding requirements.
[ 2017 3rd sp.s. c 6 s 418; 2001 c 332 s 8.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.


title: RCW 13.32A.179

text:
(1) A disposition hearing shall be held no later than fourteen days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing.
(2) At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to exceed ninety days.
At any time the court may order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(3).
(3) The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety.
(4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.
(5) A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order.
(6) After the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the child in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:
(a) The child has been absent from court approved placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
(c) The department has exhausted all available and appropriate resources that would result in reunification.
(7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.
[ 2000 c 123 s 21; 1997 c 146 s 7; 1996 c 133 s 24; 1995 c 312 s 20.]
Notes:
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.

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