title: RCW 43.185C.185

text:
(1) The eviction prevention rental assistance program is created in the department to prevent evictions by providing resources to households most likely to become homeless or suffer severe health consequences, or both, after an eviction, while promoting equity by prioritizing households, including communities of color, disproportionately impacted by public health emergencies and by homelessness and housing instability. The department must provide grants to eligible organizations, as described in *RCW 43.185.060, to provide assistance to program participants. The eligible organizations must use grant moneys for:
(a) Rental assistance, including rental arrears and future rent if needed to stabilize the applicant's housing and prevent their eviction;
(b) Utility assistance for households if needed to prevent an eviction; and
(c) Administrative costs of the eligible organization, which must not exceed limits prescribed by the department.
(2) Households eligible to receive assistance through the eviction prevention rental assistance program are those:
(a) With incomes at or below 80 percent of the county area median income;
(b) Who are families with children, living in doubled up situations, young adults, senior citizens, and others at risk of homelessness or significant physical or behavioral health complications from homelessness; and
(c) That meet any other eligibility requirements as established by the department after consultation with stakeholder groups, including persons at risk of homelessness due to unpaid rent, representatives of communities of color, homeless service providers, landlord representatives, local governments that administer homelessness assistance, a statewide association representing cities, a statewide association representing counties, a representative of homeless youth and young adults, and affordable housing advocates.
(3) A landlord may assist an eligible household in applying for assistance through the eviction prevention rental assistance program or may apply for assistance on an eligible household's behalf.
(4)(a) Eligible grantees must actively work with organizations rooted in communities of color to assist and serve marginalized populations within their communities.
(b) At least 10 percent of the grant total must be subgranted to organizations that serve and are substantially governed by marginalized populations to pay the costs associated with program outreach, assistance completing applications for assistance, rent assistance payments, activities that directly support the goal of improving access to rent assistance for people of color, and related costs. Upon request by an eligible grantee or the county or city in which it exists, the department must provide a list of organizations that serve and are substantially governed by marginalized populations, if known.
(c) An eligible grantee may request an exemption from the department from the requirements under (b) of this subsection. The department must consult with the stakeholder group established under subsection (2)(c) of this section before granting an exemption. An eligible grantee may request an exemption only if the eligible grantee:
(i) Is unable to subgrant with an organization that serves and is substantially governed by marginalized populations; or
(ii) Provides the department with a plan to spend 10 percent of the grant total in a manner that the department determines will improve racial equity for historically underserved communities more effectively than a subgrant.
(5) The department must ensure equity by developing performance measures and benchmarks that promote both equitable program access and equitable program outcomes. Performance measures and benchmarks must be developed by the department in consultation with stakeholder groups, including persons at risk of homelessness due to unpaid rent, representatives of communities of color, homeless service providers, landlord representatives, local governments that administer homelessness assistance, a statewide association representing cities, a statewide association representing counties, a representative of homeless youth and young adults, and affordable housing advocates. Performance measures and benchmarks must also ensure that the race and ethnicity of households served under the program are proportional to the numbers of people at risk of homelessness in each county for each of the following groups:
(a) Black or African American;
(b) American Indian and Alaska Native;
(c) Native Hawaiian or other Pacific Islander;
(d) Hispanic or Latinx;
(e) Asian;
(f) Other multiracial.
(6) The department may develop additional rules, requirements, procedures, and guidelines as necessary to implement and operate the eviction prevention rental assistance program.
(7)(a) The department must award funds under this section to eligible grantees in a manner that is proportional to the amount of revenue collected under RCW 36.22.250 from the county being served by the grantee.
(b) The department must provide counties with the right of first refusal to receive grant funds distributed under this subsection. If a county refuses the funds or does not respond within a time frame established by the department, the department must identify an alternative grantee. The alternative grantee must distribute the funds in a manner that is in compliance with this chapter.
[ 2023 c 277 s 7; 2021 c 214 s 2.]
Notes:
*Reviser's note: RCW 43.185.060 was repealed by 2023 c 275 s 27.
Findings—Intent—Department of commerce and William D. Ruckelshaus center examination of homelessness—Reports—2021 c 214: "(1)(a) The legislature finds that affordable housing, housing instability, and homelessness are persistent and increasing problems throughout the state. Despite significant increases in financial resources by the federal, state, and local governments to address these problems, homelessness and the risk of becoming homeless has worsened in Washington since the legislature authorized the first homeless housing document recording surcharge in 2005. The number of unsheltered homeless encampments in greenbelts, under bridges, and on our streets is a visible reminder that the current system is not working.
(b) The legislature finds that the COVID-19 pandemic has exacerbated and shed new light on the state's homelessness problems and forced communities and providers to reexamine the types and delivery of housing and services to individuals and families who are homeless or at risk of homelessness. As a result of the changing conditions COVID-19 created, the federal government has provided an infusion of funding for housing and services for homelessness populations in its COVID-19 relief bills to pursue different strategies to improve outcomes. Moreover, there are various proposals to increase state funding to address housing insecurity and homelessness, including this act to impose an additional document recording fee to fund an eviction prevention rental assistance program and other services to persons at risk or experiencing homelessness.
(c) The legislature also finds that there are many causes of homelessness and housing instability, including: (i) A shortage of affordable housing; (ii) local land use planning and property management policies that discourage the development of private sector housing stock to serve low and extremely low-income households; (iii) unemployment and lack of education and job skills to acquire an adequate wage job; (iv) mental health, developmental, and physical disabilities; (v) chemical and alcohol dependency; and (vi) family instability and conflict. The legislature intends to provide for an examination of the economic, social, and health causes of current and expected patterns of housing instability and homelessness, and to secure a common understanding of the contribution each has to the current crisis. The legislature intends for this examination to result in a widely accepted strategy for identifying how best to address homelessness in ways that: (A) Address the root causes of the problem; (B) clearly assign responsibilities of state and local government to address those causes; (C) support local control and provision of services at the local level to address specific community needs, recognizing each community must play a part in the solution; (D) respect property owner rights and encourage private sector involvement in solutions and service; and (E) develop pathways to permanent housing solutions and associated services to break the cycle of housing insecurity and homelessness.
(2)(a) The department of commerce must contract with the William D. Ruckelshaus center to conduct an examination of trends affecting, and policies guiding, the housing and services provided to individuals and families who are or at risk of homelessness in Washington. The center must also facilitate meetings and discussions to develop and implement a long-term strategy to improve services and outcomes for persons at risk or experiencing homelessness and develop pathways to permanent housing solutions.
(b) In fulfilling the requirements of this section, the center must work and consult with (i) willing participants representing tribal and local governments, local providers of housing and services for homeless populations, advocates and stakeholders representing the interests of homeless populations, mental health and substance abuse professionals, representatives of the business community and other organizations, and other representatives the center determines is a necessary participant to examine these issues; (ii) a group of legislators consisting of one member from each of the two largest caucuses in the senate and in the house of representatives appointed by the president of the senate and the speaker of the house of representatives, respectively; and (iii) three representatives of the executive branch appointed by the governor.
(c)(i) The center must conduct fact-finding and stakeholder discussions with participants identified in (b) of this subsection. These discussions must identify stakeholder concerns, barriers, opportunities, and desired principles for a long-term strategy to improve the outcomes and services for persons at risk or experiencing homelessness and develop pathways to permanent housing solutions.
(ii) The center must conduct fact-finding and stakeholder discussions with participants identified in (b) of this subsection to identify root causes of housing instability and homelessness within Washington state. This fact-finding should address root causes demographically within subpopulations of persons at risk or experiencing homelessness such as veterans and persons suffering from mental health or substance abuse issues. The fact-finding should also address root causes that may differ geographically or regionally. The fact-finding must identify existing statutory and regulatory issues that impede efforts to address root causes of housing instability and homelessness within Washington state.
(iii) The center must issue two reports of its fact-finding efforts and stakeholder discussions to the governor and the appropriate committees of the house of representatives and the senate. One report on the subjects covered in (c)(i) of this subsection is due December 1, 2021, and one on the subjects covered in (c)(ii) of this subsection is due December 1, 2022.
(d) The center must facilitate discussions between the stakeholders identified in this subsection (2) for the purposes of identifying options and recommendations to develop and implement a long-term strategy to improve the outcomes and service for persons at risk or experiencing homelessness and develop pathways to permanent housing solutions, including the manner and amount in which the state funds homelessness housing and services and performance measures that must be achieved to receive state funding. A report on this effort is due to the governor and the appropriate committees of the house of representatives and the senate by December 1, 2023." [ 2021 c 214 s 6.]

catchline: Eviction prevention rental assistance program.


doc_type: statute

jurisdiction: wa

title: RCW 43.185C.190

text:
The affordable housing for all account is created in the state treasury, subject to appropriation. Expenditures from the account may only be used for allowable uses as described in RCW 36.22.250(5). During the 2021-2023 fiscal biennium, expenditures from the account may be used for operations, maintenance, and services for permanent supportive housing as defined in RCW 36.70A.030. It is the intent of the legislature to continue this policy in future biennia.
[ 2023 c 277 s 8. Prior: 2021 c 334 s 981; 2021 c 214 s 5; 2011 1st sp.s. c 50 s 955; 2007 c 427 s 2.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—Intent—Department of commerce and William D. Ruckelshaus center examination of homelessness—Reports—2021 c 214: See note following RCW 43.185C.185.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Affordable housing for all account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.185C.200

text:
(1) The department of commerce shall establish a pilot program to provide grants to eligible organizations, as described in RCW 43.185A.040, to provide transitional housing assistance to offenders who are reentering the community and are in need of housing.
(2) There shall be a minimum of two pilot programs established in two counties. The pilot programs shall be selected through a request for proposal process and in consultation with the department of corrections. The department shall select the pilot sites by January 1, 2008.
(3) The pilot program shall:
(a) Be operated in collaboration with the community justice center existing in the location of the pilot site;
(b) Offer transitional supportive housing that includes individual support and mentoring available on an ongoing basis, life skills training, and close working relationships with community justice centers and community corrections officers. Supportive housing services can be provided directly by the housing operator, or in partnership with community-based organizations;
(c) In providing assistance, give priority to offenders who are designated as high risk or high needs as well as those determined not to have a viable release plan by the department of corrections;
(d) Optimize available funding by utilizing cost-effective community-based shared housing arrangements or other noninstitutional living arrangements; and
(e) Provide housing assistance for a period of time not to exceed twelve months for a participating offender.
(4) The department may also use up to twenty percent of the funding appropriated in the operating budget for this section to support the development of additional supportive housing resources for offenders who are reentering the community.
(5) The department shall:
(a) Collaborate with the department of corrections in developing criteria to determine who will qualify for housing assistance; and
(b) Gather data, and report to the legislature by November 1, 2008, on the number of offenders seeking housing, the number of offenders eligible for housing, the number of offenders who receive the housing, and the number of offenders who commit new crimes while residing in the housing to the extent information is available.
(6) The department of corrections shall collaborate with organizations receiving grant funds to:
(a) Help identify appropriate housing solutions in the community for offenders;
(b) Where possible, facilitate an offender's application for housing prior to discharge;
(c) Identify enhancements to training provided to offenders prior to discharge that may assist an offender in effectively transitioning to the community;
(d) Maintain communication between the organization receiving grant funds, the housing provider, and corrections staff supervising the offender; and
(e) Assist the offender in accessing resources and services available through the department of corrections and a community justice center.
(7) The state, department of commerce, department of corrections, local governments, local housing authorities, eligible organizations as described in RCW 43.185A.040, and their employees are not liable for civil damages arising from the criminal conduct of an offender solely due to the placement of an offender in housing provided under this section or the provision of housing assistance.
(8) Nothing in this section allows placement of an offender into housing without an analysis of the risk the offender may pose to that particular community or other residents.
[ 2023 c 470 s 2072; 2023 c 275 s 19; 2007 c 483 s 604.]
Notes:
Reviser's note: This section was amended by 2023 c 275 s 19 and by 2023 c 470 s 2072, 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).
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Finding—Intent—2007 c 483: See note following RCW 35.82.340.
Findings—2007 c 483: See RCW 72.78.005.

catchline: Transitional housing assistance to offenders—Pilot program.


title: RCW 43.185C.210

text:
(1) The transitional housing operating and rent program is created in the department to assist individuals and families who are homeless or who are at risk of becoming homeless to secure and retain safe, decent, and affordable housing. The department shall provide grants to eligible organizations, as described in RCW 43.185A.040, to provide assistance to program participants. The eligible organizations must use grant moneys for:
(a) Rental assistance, which includes security or utility deposits, first and last month's rent assistance, and eligible moving expenses to be determined by the department;
(b) Case management services designed to assist program participants to secure and retain immediate housing and to transition into permanent housing and greater levels of self-sufficiency;
(c) Operating expenses of transitional housing facilities that serve homeless families with children; and
(d) Administrative costs of the eligible organization, which must not exceed limits prescribed by the department.
(2) Eligible to receive assistance through the transitional housing operating and rent program are:
(a) Families with children who are homeless or who are at risk of becoming homeless and who have household incomes at or below fifty percent of the median household income for their county;
(b) Families with children who are homeless or who are at risk of becoming homeless and who are receiving services under chapter 13.34 RCW;
(c) Individuals or families without children who are homeless or at risk of becoming homeless and who have household incomes at or below thirty percent of the median household income for their county;
(d) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who has a mental health or chemical dependency disorder; and
(e) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who is an offender released from confinement within the past eighteen months.
(3) All program participants must be willing to create and actively participate in a housing stability plan for achieving permanent housing and greater levels of self-sufficiency.
(4) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180. For eligible organizations serving victims of domestic violence or sexual assault, compliance with this subsection must be accomplished in accordance with 42 U.S.C. Sec. 11383(a)(8).
(5) The department may develop rules, requirements, procedures, and guidelines as necessary to implement and operate the transitional housing operating and rent program.
(6) The department shall produce an annual transitional housing operating and rent program report that must be included in the department's homeless housing strategic plan as described in RCW 43.185C.040. The report must include performance measures to be determined by the department that address, at a minimum, the following issue areas:
(a) The success of the program in helping program participants transition into permanent affordable housing and achieve self-sufficiency or increase their levels of self-sufficiency, which shall be defined by the department based upon the costs of living, including housing costs, needed to support: (i) One adult individual; and (ii) two adult individuals and one preschool-aged child and one school-aged child;
(b) The financial performance of the program related to efficient program administration by the department and program operation by selected eligible organizations, including an analysis of the costs per program participant served;
(c) The quality, completeness, and timeliness of the information on program participants provided to the Washington homeless client management information system database; and
(d) The satisfaction of program participants in the assistance provided through the program.
[ 2023 c 275 s 20; 2020 c 155 s 1; 2011 c 353 s 6; 2008 c 256 s 1.]
Notes:
Intent—2011 c 353: See note following RCW 36.70A.130.

catchline: Transitional housing operating and rent program.


title: RCW 43.185C.220

text:
(1) The department shall distribute funds for the essential needs and housing support program established under this section in a manner consistent with the requirements of this section and the biennial operating budget. The first distribution of funds must be completed by September 1, 2011. Essential needs or housing support is not an entitlement, and is only for:
(a) Persons found eligible for such services under RCW 74.04.805; and
(b) At the discretion of the department, low or extremely low-income elderly or disabled adults who are transitioning off benefits under RCW 74.04.805, receiving federal social security benefits, and still have an immediate housing need. A referral from the department of social and health services is not required for these individuals.
(2) The department shall distribute funds appropriated for the essential needs and housing support program in the form of grants to designated essential needs support and housing support entities within each county. The department shall not distribute any funds until it approves the expenditure plan submitted by the designated essential needs support and housing support entities. The amount of funds to be distributed pursuant to this section shall be designated in the biennial operating budget. For the sole purpose of meeting the initial distribution of funds date, the department may distribute partial funds upon the department's approval of a preliminary expenditure plan. The department shall not distribute the remaining funds until it has approved a final expenditure plan.
(3)(a) During the 2011-2013 biennium, in awarding housing support that is not funded through the contingency fund in this subsection, the designated housing support entity shall provide housing support to clients who are homeless persons as defined in RCW 43.185C.010. As provided in the biennial operating budget for the 2011-2013 biennium, a contingency fund shall be used solely for those clients who are at substantial risk of losing stable housing or at substantial risk of losing one of the other services defined in RCW 74.62.010(6). For purposes of this chapter, "substantial risk" means the client has provided documentation that he or she will lose his or her housing within the next thirty days or that the services will be discontinued within the next thirty days.
(b) After July 1, 2013, the designated housing support entity shall give first priority to clients who are homeless persons as defined in RCW 43.185C.010 and second priority to clients who would be at substantial risk of losing stable housing without housing support.
(4) For each county, the department shall designate an essential needs support entity and a housing support entity that will begin providing these supports to medical care services program recipients on November 1, 2011. Essential needs and housing support entities are not required to provide assistance to every person referred to the local entity or who meets the priority standards in subsection (3) of this section.
(a) Each designated entity must be a local government or community-based organization, and may administer the funding for essential needs support, housing support, or both. Designated entities have the authority to subcontract with qualified entities. Upon request, and the approval of the department, two or more counties may combine resources to more effectively deliver services.
(b) The department's designation process must include a review of proficiency in managing housing or human services programs when designating housing support entities.
(c) Within a county, if the department directly awards separate grants to the designated housing support entity and the designated essential needs support entity, the department shall determine the amount allocated for essential needs support as directed in the biennial operating budget.
(5)(a) Essential needs and housing support entities must use funds distributed under this section as flexibly as is practicable to provide essential needs items and housing support to recipients of the essential needs and housing support program, subject to the requirements of this section. An essential needs and housing support referral from the department of social and health services for rental assistance must be verified by the housing support service provider every 12 months. Direct cash assistance is allowable. Direct cash assistance shall be an allowable expense only when it addresses a need identified in a client's housing stability plan. Direct cash assistance in this section may be provided through debit cash cards. Flexible funding assistance shall also be permitted in addition to debit cash cards, including vouchers for transportation, gift cards, direct payments to vendors, and other similar methods of assistance.
(b) The department may move funds between entities or between counties to reflect actual caseload changes. In doing so, the department must: (i) Develop a process for reviewing the caseload of designated essential needs and housing support entities, and for redistributing grant funds from those entities experiencing reduced actual caseloads to those with increased actual caseloads; and (ii) inform all designated entities of the redistribution process. Savings resulting from program caseload attrition from the essential needs and housing support program shall not result in increased per-client expenditures.
(c) Essential needs and housing support entities must partner with other public and private organizations to maximize the beneficial impact of funds distributed under this section, and should attempt to leverage other sources of public and private funds to serve essential needs and housing support recipients. Funds appropriated in the operating budget for essential needs and housing support must be used only to serve persons eligible to receive services under that program.
(6) The department shall use no more than five percent of the funds for administration of the essential needs and housing support program. The department shall align the administration rate for essential needs and housing support entities with other home security funded programs for administrative expenses.
(7) The department shall:
(a) Require housing support entities to enter data into the homeless client management information system;
(b) Require essential needs support entities to report on services provided under this section;
(c) In collaboration with the department of social and health services, submit a report annually to the relevant policy and fiscal committees of the legislature. A preliminary report shall be submitted by December 31, 2011, and must include (c)(i), (iii), and (v) of this subsection. Annual reports must be submitted beginning December 1, 2012, and must include:
(i) A description of the actions the department has taken to achieve the objectives of chapter 36, Laws of 2011 1st sp. sess.;
(ii) The amount of funds used by the department to administer the program;
(iii) Information on the housing status of essential needs and housing support recipients served by housing support entities, and individuals who have requested housing support but did not receive housing support;
(iv) Grantee expenditure data related to administration and services provided under this section; and
(v) Efforts made to partner with other entities and leverage sources or public and private funds;
(d) Review the data submitted by the designated entities, and make recommendations for program improvements and administrative efficiencies. The department has the authority to designate alternative entities as necessary due to performance or other significant issues. Such change must only be made after consultation with the department of social and health services and the impacted entity.
(8) The department, counties, and essential needs and housing support entities are not civilly or criminally liable and may not have any penalty or cause of action of any nature arise against them related to decisions regarding: (a) The provision or lack of provision of housing or essential needs support; or (b) the type of housing arrangement supported with funds allocated under this section, when the decision was made in good faith and in the performance of the powers and duties under this section. However, this section does not prohibit legal actions against the department, county, or essential needs or housing support entity to enforce contractual duties or obligations.
[ 2025 c 408 s 1; 2015 c 128 s 5; 2013 2nd sp.s. c 10 s 4; 2011 1st sp.s. c 36 s 4.]
Notes:
Effective date—2013 2nd sp.s. c 10: See note following RCW 74.62.030.
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.

catchline: Essential needs and housing support program—Distribution of funds.


title: RCW 43.185C.230

text:
The department, in collaboration with the department of social and health services, shall:
(1) Develop a mechanism through which the department and local governments or community-based organizations can verify a person has been determined eligible for a referral for essential needs and housing support by the department of social and health services and remains eligible for a referral; and
(2) Provide a secure and current list of individuals eligible for a referral to the essential needs and housing support program to designated entities within each county. The list must be updated at least monthly and include, as available and applicable, the eligible individual's:
(a) Name;
(b) Address;
(c) Phone number;
(d) Shelter location; and
(e) Case manager contact information.
[ 2025 c 408 s 2; 2018 c 48 s 3; 2013 2nd sp.s. c 10 s 5; 2011 1st sp.s. c 36 s 5.]
Notes:
Effective date—2013 2nd sp.s. c 10: See note following RCW 74.62.030.
Findings—Intent—2011 1st sp.s. c 36: See RCW 74.62.005.
Effective date—2011 1st sp.s. c 36: See note following RCW 74.62.005.

catchline: Verification of eligibility—Medical care services.


title: RCW 43.185C.250

text:
(1)(a) The administrator of a crisis residential center may convene a multidisciplinary team, which is to be locally based and administered, at the request of a child placed at the center or the child's parent.
(b) If the administrator has reasonable cause to believe that a child is a child in need of services and the parent is unavailable or unwilling to continue efforts to maintain the family structure, the administrator shall immediately convene a multidisciplinary team.
(c) A parent may disband a team twenty-four hours, excluding weekends and holidays, after receiving notice of formation of the team under (b) of this subsection unless a petition has been filed under RCW 13.32A.140. If a petition has been filed the parent may not disband the team until the hearing is held under RCW 13.32A.179. The court may allow the team to continue if an out-of-home placement is ordered under RCW 13.32A.179(3). Upon the filing of an at-risk youth or dependency petition the team shall cease to exist, unless the parent requests continuation of the team or unless the out-of-home placement was ordered under RCW 13.32A.179(3).
(2) The department shall request participation of appropriate state agencies to assist in the coordination and delivery of services through the multidisciplinary teams. Those agencies that agree to participate shall provide the director or the director's designee all information necessary to facilitate forming a multidisciplinary team and the director or the director's designee shall provide this information to the administrator of each crisis residential center.
(3) The administrator shall also seek participation from representatives of mental health and drug and alcohol treatment providers as appropriate.
(4) A parent shall be advised of the request to form a multidisciplinary team and may select additional members of the multidisciplinary team. The parent or child may request any person or persons to participate including, but not limited to, educators, law enforcement personnel, court personnel, family therapists, licensed health care practitioners, social service providers, youth residential placement providers, other family members, church representatives, and members of their own community. The administrator shall assist in obtaining the prompt participation of persons requested by the parent or child.
(5) When an administrator of a crisis residential center requests the formation of a team, the state agencies must respond as soon as possible.
[ 2017 c 277 s 3; 2015 c 69 s 11; 2000 c 123 s 4; 1995 c 312 s 13. Formerly RCW 13.32A.042.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Youth services—Duties of crisis residential center administrator and department—Multidisciplinary team.


title: RCW 43.185C.255

text:
(1) The purpose of the multidisciplinary team is to assist in a coordinated referral of the family to available social and health-related services.
(2) The team shall have the authority to evaluate the juvenile, and family members, if appropriate and agreed to by the parent, and shall:
(a) With parental input, develop a plan of appropriate available services and assist the family in obtaining those services;
(b) Make a referral to the designated crisis responder, if appropriate;
(c) Recommend no further intervention because the juvenile and his or her family have resolved the problem causing the family conflict; or
(d) With the parent's consent, work with them to achieve reconciliation of the child and family.
(3) At the first meeting of the multidisciplinary team, it shall choose a member to coordinate the team's efforts. The parent member of the multidisciplinary team must agree with the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.
(4) The coordinator of the multidisciplinary team may assist in filing a child in need of services petition when requested by the parent or child or an at-risk youth petition when requested by the parent. The multidisciplinary team shall have no standing as a party in any action under this title.
(5) If the administrator is unable to contact the child's parent, the multidisciplinary team may be used for assistance. If the parent has not been contacted within five days the administrator shall contact the department of social and health services and request the case be reviewed for a dependency filing under chapter 13.34 RCW.
[ 2016 sp.s. c 29 s 413; 2015 c 69 s 12; 2000 c 123 s 5; 1995 c 312 s 14. Formerly RCW 13.32A.044.]
Notes:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Short title—2015 c 69: See RCW 43.330.911.
Short title—1995 c 312: See note following RCW 13.32A.010.


title: RCW 43.185C.260

text:
(1) A law enforcement officer shall take a child into custody:
(a) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or
(b) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or
(c) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement.
(2) Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination. Law enforcement custody continues until the law enforcement officer transfers custody to a person, agency, or other authorized entity under this chapter, or releases the child because no placement is available. Transfer of custody is not complete unless the person, agency, or entity to whom the child is released agrees to accept custody.
(3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section and transports the child to a crisis residential center, the officer shall, within twenty-four hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody. The center shall provide the department of children, youth, and families with a copy of the officer's report if the youth is in the care of or receiving services from the department of children, youth, and families.
(4) If the law enforcement officer who initially takes the juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department of children, youth, and families.
(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.
(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored in violation of RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 43.185C.265.
(7) If a law enforcement officer takes a juvenile into custody pursuant to subsection (1)(b) of this section and reasonably believes that the juvenile may be the victim of sexual exploitation, the officer shall:
(a) Transport the child to:
(i) An evaluation and treatment facility as defined in RCW 71.34.020, including the receiving centers established in RCW 7.68.380, for purposes of evaluation for behavioral health treatment authorized under chapter 71.34 RCW, including adolescent-initiated treatment, family-initiated treatment, or involuntary treatment; or
(ii) Another appropriate youth-serving entity or organization including, but not limited to:
(A) A HOPE Center as defined under RCW 43.185C.010;
(B) A foster family home as defined under RCW 74.15.020;
(C) A crisis residential center as defined under RCW 43.185C.010; or
(D) A community-based program that has expertise working with adolescents in crisis; or
(b) Coordinate transportation to one of the locations identified in (a) of this subsection, with a liaison dedicated to serving commercially sexually exploited children established under RCW 74.14B.070 or a community service provider.
(8) Law enforcement shall have the authority to take into protective custody a child who is or is attempting to engage in sexual conduct with another person for money or anything of value for purposes of investigating the individual or individuals who may be exploiting the child and deliver the child to an evaluation and treatment facility as defined in RCW 71.34.020, including the receiving centers established in RCW 7.68.380, for purposes of evaluation for behavioral health treatment authorized under chapter 71.34 RCW, including adolescent-initiated treatment, family-initiated treatment, or involuntary treatment.
(9) No child may be placed in a secure facility except as provided in this chapter.
[ 2020 c 331 s 8; 2019 c 312 s 15; 2018 c 58 s 61; 2017 c 277 s 4; 2015 c 69 s 13; 2000 c 123 s 6; 1997 c 146 s 2; 1996 c 133 s 10; 1995 c 312 s 6; 1994 sp.s. c 7 s 505; 1990 c 276 s 5; 1986 c 288 s 1; 1985 c 257 s 7; 1981 c 298 s 2; 1979 c 155 s 19. Formerly RCW 13.32A.050.]
Notes:
Finding—2020 c 331: See note following RCW 7.68.380.
Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Short title—2015 c 69: See RCW 43.330.911.
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.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
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—1986 c 288: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 288 s 13.]
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.

catchline: Youth services—Officer taking child into custody—Authorization—Duration of custody—Transporting—Report on suspected abuse or neglect.


title: RCW 43.185C.265

text:
(1) An officer taking a child into custody under RCW 43.185C.260(1) (a) or (b) shall inform the child of the reason for such custody and shall:
(a) Transport the child to his or her home or to a parent at his or her place of employment, if no parent is at home. The parent may request that the officer take the child to the home of an adult extended family member, responsible adult, crisis residential center, the department of children, youth, and families, or a licensed youth shelter. In responding to the request of the parent, the officer shall take the child to a requested place which, in the officer's belief, is within a reasonable distance of the parent's home. The officer releasing a child into the custody of a parent, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all parties of the nature and location of appropriate services available in the community; or
(b) After attempting to notify the parent, take the child to a designated crisis residential center's secure facility or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance if:
(i) The child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of abuse or neglect;
(ii) It is not practical to transport the child to his or her home or place of the parent's employment; or
(iii) There is no parent available to accept custody of the child; or
(c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a reasonable distance, request the department of children, youth, and families to accept custody of the child. If the department of children, youth, and families determines that an appropriate placement is currently available, the department of children, youth, and families shall accept custody and place the child in an out-of-home placement. Upon accepting custody of a child from the officer, the department of children, youth, and families may place the child in an out-of-home placement for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, without filing a child in need of services petition, obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW. Upon transferring a child to the department of children, youth, and families' custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody. If the department of children, youth, and families declines to accept custody of the child, the officer may release the child after attempting to take the child to the following, in the order listed: The home of an adult extended family member; a responsible adult; or a licensed youth shelter. The officer shall immediately notify the department of children, youth, and families if no placement option is available and the child is released.
(2) An officer taking a child into custody under RCW 43.185C.260(1)(c) shall inform the child of the reason for custody. An officer taking a child into custody under RCW 43.185C.260(1)(c) may release the child to the supervising agency, may return the child to the placement authorized by the supervising agency, or shall take the child to a designated crisis residential center.
(3) Every officer taking a child into custody shall provide the child and his or her parent or parents or responsible adult with a copy of the statement specified in RCW 43.185C.290(6).
(4) Whenever an officer transfers custody of a child to a crisis residential center or the department of children, youth, and families, the child may reside in the crisis residential center or may be placed by the department of children, youth, and families in an out-of-home placement for an aggregate total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays. Thereafter, the child may continue in out-of-home placement only if the parent has not requested that the child return home, a child in need of services petition has been filed, or an order for placement has been entered under chapter 13.34 RCW.
(5) The department of children, youth, and families shall ensure that all law enforcement authorities are informed on a regular basis as to the location of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody under RCW 43.185C.260 may be taken.
[ 2023 c 151 s 4; 2019 c 312 s 16; 2015 c 69 s 14. Prior: 2000 c 162 s 11; 2000 c 162 s 1; 2000 c 123 s 7; 1997 c 146 s 3; 1996 c 133 s 11; 1995 c 312 s 7; 1994 sp.s. c 7 s 506; 1985 c 257 s 8; 1981 c 298 s 3; 1979 c 155 s 20. Formerly RCW 13.32A.060.]
Notes:
Effective date—Findings—Intent—2019 c 312: See notes following RCW 7.21.080.
Short title—2015 c 69: See RCW 43.330.911.
Effective date—2000 c 162 ss 11-17: "Sections 11 through 17 of this act take effect July 1, 2002." [ 2000 c 162 s 21.]
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.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
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.

catchline: Youth services—Officer taking child into custody—Procedure—Transporting to home, crisis residential center, custody of department of social and health services, or juvenile detention facility.


title: RCW 43.185C.275

text:
(1) A law enforcement officer acting in good faith pursuant to this chapter is immune from civil or criminal liability for such action.
(2) A person with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith is immune from civil or criminal liability for the act of receiving the child. The immunity does not release the person from liability under any other law.
[ 1996 c 133 s 13; 1995 c 312 s 8; 1986 c 288 s 2; 1981 c 298 s 5; 1979 c 155 s 21. Formerly RCW 13.32A.070.]
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—1986 c 288: See note following RCW 43.185C.260.
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: Youth services—Immunity from liability for law enforcement officer and person with whom child is placed.


title: RCW 43.185C.280

text:
(1) The administrator of a designated crisis residential center shall perform the duties under subsection (3) of this section:
(a) Upon admitting a child who has been brought to the center by a law enforcement officer under RCW 43.185C.265;
(b) Upon admitting a child who has run away from home or has requested admittance to the center;
(c) Upon learning from a person under RCW 13.32A.082 that the person is providing shelter to a child absent from home; or
(d) Upon learning that a child has been placed with a responsible adult pursuant to RCW 43.185C.265.
(2) Transportation expenses of the child shall be at the parent's expense to the extent of his or her ability to pay, with any unmet transportation expenses assumed by the crisis residential center.
(3) When any of the circumstances under subsection (1) of this section are present, the administrator of a center shall perform the following duties:
(a) Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;
(b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve a reconciliation between the parent and child to reunify the family and inform the parent as to the procedures to be followed under this chapter;
(c) Inform the parent whether a referral to children's protective services has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020(1) governing child abuse and neglect in this state; and either
(d)(i) Arrange transportation for the child to the residence of the parent, as soon as practicable, when the child and his or her parent agrees to the child's return home or when the parent produces a copy of a court order entered under this chapter requiring the child to reside in the parent's home; or
(ii) Arrange transportation for the child to: (A) An out-of-home placement which may include a licensed group care facility or foster family when agreed to by the child and parent; or (B) a certified or licensed mental health or chemical dependency program of the parent's choice.
(4) If the administrator of the crisis residential center performs the duties listed in subsection (3) of this section, he or she shall also notify the department of social and health services that a child has been admitted to the crisis residential center.
[ 2015 c 69 s 16; 2000 c 123 s 11; 1996 c 133 s 7; 1995 c 312 s 10; 1990 c 276 s 6; 1981 c 298 s 7; 1979 c 155 s 23. Formerly RCW 13.32A.090.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.
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: Youth services—Duty to inform parents—Transportation to child's home or out-of-home placement—Notice to department of social and health services.


title: RCW 43.185C.285

text:
The administrator of a crisis residential center shall notify parents and the appropriate law enforcement agency as to any unauthorized leave from the center by a child placed at the center. The administrator shall also notify the department of children, youth, and families immediately as to any unauthorized leave from the center by a child who is in the care of or receiving services from the department of children, youth, and families.
[ 2018 c 58 s 60; 2017 c 277 s 5; 2015 c 69 s 17; 2000 c 123 s 12; 1996 c 133 s 15; 1995 c 312 s 21. Formerly RCW 13.32A.095.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Short title—2015 c 69: See RCW 43.330.911.
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: Youth services—Unauthorized leave from crisis residential center—Notice to parents, law enforcement, and the department of children, youth, and families.


title: RCW 43.185C.290

text:
(1) A child admitted to a secure facility located in a juvenile detention center shall remain in the facility for at least twenty-four hours after admission but for not more than five consecutive days. A child admitted to a secure facility not located in a juvenile detention center or a semi-secure facility may remain for not more than fifteen consecutive days. If a child is transferred between a secure and semi-secure facility, the aggregate length of time a child may remain in both facilities shall not exceed fifteen consecutive days per admission, and in no event may a child's stay in a secure facility located in a juvenile detention center exceed five days per admission.
(2)(a)(i) The facility administrator shall determine within twenty-four hours after a child's admission to a secure facility whether the child is likely to remain in a semi-secure facility and may transfer the child to a semi-secure facility or release the child to the department of social and health services. The determination shall be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B) the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.
(ii) In making the determination the administrator shall consider the following information if known: (A) The child's age and maturity; (B) the child's condition upon arrival at the center; (C) the circumstances that led to the child's being taken to the center; (D) whether the child's behavior endangers the health, safety, or welfare of the child or any other person; (E) the child's history of running away; and (F) the child's willingness to cooperate in the assessment.
(b) If the administrator of a secure facility determines the child is unlikely to remain in a semi-secure facility, the administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the child may transfer another child who has been in the facility for at least seventy-two hours to a semi-secure facility. The administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to remain at the semi-secure facility.
(c) A crisis residential center administrator is authorized to transfer a child to a crisis residential center in the area where the child's parents reside or where the child's lawfully prescribed residence is located.
(d) An administrator may transfer a child from a semi-secure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.
(3) If no parent is available or willing to remove the child during the first seventy-two hours following admission, the department of social and health services shall consider the filing of a petition under RCW 13.32A.140.
(4) Notwithstanding the provisions of subsection (1) of this section, the parents may remove the child at any time unless the staff of the crisis residential center has reasonable cause to believe that the child is absent from the home because he or she is abused or neglected or if allegations of abuse or neglect have been made against the parents. The department of social and health services or any agency legally charged with the supervision of a child may remove a child from a crisis residential center at any time after the first twenty-four hour period after admission has elapsed and only after full consideration by all parties of the factors in subsection (2)(a) of this section.
(5) Crisis residential center staff shall make reasonable efforts to protect the child and achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of admission, and if the administrator of the center does not consider it likely that reconciliation will be achieved within five days of the child's admission to the center, then the administrator shall inform the parent and child of: (a) The availability of counseling services; (b) the right to file a child in need of services petition for an out-of-home placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or her designee to form a multidisciplinary team; (d) the right to request a review of any out-of-home placement; (e) the right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility; and (f) the right to request treatment in a program to address the child's at-risk behavior under RCW 13.32A.197.
(6) At no time shall information regarding a parent's or child's rights be withheld. The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating the services and rights. The administrator of the facility or his or her designee shall provide every resident and parent with a copy of the statement.
(7) A crisis residential center and any person employed at the center acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions.
[ 2015 c 69 s 18; 2009 c 569 s 1. Prior: 2000 c 162 s 13; 2000 c 162 s 3; 2000 c 123 s 15; 1997 c 146 s 4; 1996 c 133 s 8; 1995 c 312 s 12; 1994 sp.s. c 7 s 508; 1992 c 205 s 206; 1990 c 276 s 8; 1985 c 257 s 9; 1981 c 298 s 9; 1979 c 155 s 27. Formerly RCW 13.32A.130.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.
Effective date—2000 c 162 ss 11-17: See note following RCW 43.185C.265.
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.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
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—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.

catchline: Youth services—Child admitted to secure facility—Maximum hours of custody—Evaluation for semi-secure facility or release to department of social and health services—Parental right to remove child—Reconciliation effort—Information to parent and child—Written statement of services and rights—Crisis residential center immunity from liability.


title: RCW 43.185C.295

text:
(1) The department shall establish, through performance-based contracts with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department of social and health services and shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.
(2) Crisis residential centers must record client information into a homeless management information system specified by the department.
(3) Within available funds appropriated for this purpose, the department shall establish, through performance-based contracts with private or public vendors, regional crisis residential centers with secure facilities. These facilities shall be facilities licensed under rules adopted by the department of social and health services. These centers may also include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.
(4) The department shall, in addition to the facilities established under subsections (1) and (2) of this section, establish additional crisis residential centers pursuant to performance-based contracts with licensed private group care facilities.
(5) The department is authorized to allow contracting entities to include a combination of secure or semi-secure crisis residential centers as defined in RCW 13.32A.030 and/or HOPE centers pursuant to RCW 43.185C.315 in the same building or structure. The department of social and health services shall permit the colocation of these centers only if the entity operating the facility agrees to designate a particular number of beds to each type of center that is located within the building or structure.
(6) The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families, and carry out the responsibilities stated in RCW 43.185C.280.
(7) The secure facilities located within crisis residential centers shall be operated to conform with the definition in RCW 13.32A.030. The facilities shall have an average of no less than one adult staff member to every ten children. The staffing ratio shall continue to ensure the safety of the children.
(8) If a secure crisis residential center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility.
[ 2017 c 277 s 6; 2015 c 69 s 19; 2011 c 240 s 1; 2009 c 520 s 53; 1998 c 296 s 4; 1995 c 312 s 60; 1979 c 155 s 78. Formerly RCW 74.13.032.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.
Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Youth services—Crisis residential centers—Establishment—Staff—Duties—Semi-secure facilities—Secure facilities.


title: RCW 43.185C.2951

text:
Subject to funds appropriated for this purpose, the capacity available in crisis residential centers established pursuant to this chapter shall be increased incrementally by no fewer than ten beds per fiscal year through fiscal year 2019 in order to accommodate truant students found in contempt of a court order to attend school. The additional capacity shall be distributed around the state based upon need and, to the extent feasible, shall be geographically situated to expand the use of crisis residential centers as set forth in this chapter so they are available for use by all courts for housing truant youth.
[ 2016 c 205 s 12.]

catchline: Youth services—Crisis residential centers—Incremental increase in beds.


title: RCW 43.185C.300

text:
No contract may provide reimbursement or compensation to:
(1) A secure facility located in a juvenile detention center for any service delivered or provided to a resident child after five consecutive days of residence; or
(2) A secure facility not located in a juvenile detention center or a semi-secure crisis residential center facility for any service delivered or provided to a resident child after fifteen consecutive days of residence.
[ 2009 c 569 s 2; 1995 c 312 s 61. Formerly RCW 74.13.0321.]
Notes:
Short title—1995 c 312: See note following RCW 13.32A.010.

catchline: Youth services—Secure facilities—Limit on reimbursement or compensation.


title: RCW 43.185C.305

text:
(1) If a resident of a crisis residential center becomes by his or her behavior disruptive to the facility's program, such resident may be immediately removed to a separate area within the facility and counseled on an individual basis until such time as the child regains his or her composure. The department may set rules and regulations establishing additional procedures for dealing with severely disruptive children on the premises.
(2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In assessing the child and providing these services, the facility staff shall:
(a) Interview the juvenile as soon as possible;
(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;
(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible;
(d) Provide additional crisis counseling as needed, to the end that placement of the child in the crisis residential center will be required for the shortest time possible, but not to exceed fifteen consecutive days; and
(e) Convene, when appropriate, a multidisciplinary team.
(3) Based on the assessments done under subsection (2) of this section the center staff may refer any child who, as the result of a mental or emotional disorder, or intoxication by alcohol or other drugs, is suicidal, seriously assaultive, or seriously destructive toward others, or otherwise similarly evidences an immediate need for emergency medical evaluation and possible care, for evaluation pursuant to chapter 71.34 RCW or to a designated crisis responder pursuant to chapter 71.05 RCW whenever such action is deemed appropriate and consistent with law.
(4) A juvenile taking unauthorized leave from a facility shall be apprehended and returned to it by law enforcement officers or other persons designated as having this authority as provided in RCW 43.185C.260. If returned to the facility after having taken unauthorized leave for a period of more than twenty-four hours a juvenile shall be supervised by such a facility for a period, pursuant to this chapter, which, unless where otherwise provided, may not exceed fifteen consecutive days. Costs of housing juveniles admitted to crisis residential centers shall be assumed by the department for a period not to exceed fifteen consecutive days.
[ 2016 sp.s. c 29 s 428; 2015 c 69 s 20; 2009 c 569 s 3; 2000 c 162 s 16; 2000 c 162 s 7; 1995 c 312 s 62; 1992 c 205 s 213; 1979 c 155 s 79. Formerly RCW 74.13.033.]
Notes:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Short title—2015 c 69: See RCW 43.330.911.
Effective date—2000 c 162 ss 11-17: See note following RCW 43.185C.265.
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.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Youth services—Crisis residential centers—Removal from—Services available—Unauthorized leave.


title: RCW 43.185C.310

text:
(1) A child taken into custody and taken to a crisis residential center established pursuant to RCW 43.185C.295 may, if the center is unable to provide appropriate treatment, supervision, and structure to the child, be taken at department expense to another crisis residential center, the nearest regional secure crisis residential center, or a secure facility with which it is collocated under RCW 43.185C.295. Placement in both locations shall not exceed fifteen consecutive days from the point of intake as provided in RCW 43.185C.290.
(2) A child taken into custody and taken to a crisis residential center established by this chapter may be placed physically by the department of social and health services' designee and, at their departmental expense and approval, in a secure juvenile detention facility operated by the county in which the center is located for a maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if the child has taken unauthorized leave from the center and the person in charge of the center determines that the center cannot provide supervision and structure adequate to ensure that the child will not again take unauthorized leave. Juveniles placed in such a facility pursuant to this section may not, to the extent possible, come in contact with alleged or convicted juvenile or adult offenders.
(3) Any child placed in secure detention pursuant to this section shall, during the period of confinement, be provided with appropriate treatment by the department of social and health services or the department's designee, which shall include the services defined in RCW 43.185C.305(2). If the child placed in secure detention is not returned home or if an alternative living arrangement agreeable to the parent and the child is not made within twenty-four hours after the child's admission, the child shall be taken at the department's expense to a crisis residential center. Placement in the crisis residential center or centers plus placement in juvenile detention shall not exceed five consecutive days from the point of intake as provided in RCW 43.185C.290.
(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department of social and health services to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department of social and health services to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.
[ 2015 c 69 s 21; 2009 c 569 s 4; 2000 c 162 s 17; 2000 c 162 s 8; 1995 c 312 s 63; 1992 c 205 s 214; 1991 c 364 s 5; 1981 c 298 s 17; 1979 ex.s. c 165 s 21; 1979 c 155 s 80. Formerly RCW 74.13.034.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.
Effective date—2000 c 162 ss 11-17: See note following RCW 43.185C.265.
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.
Conflict with federal requirements—1991 c 364: See note following RCW 71.05.210.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Child admitted to secure facility—Maximum hours of custody—Reconciliation effort—Information to parent and child—Written statement of services and rights: RCW 43.185C.290.

catchline: Youth services—Crisis residential centers—Removal to another center or secure facility—Placement in secure juvenile detention facility.


title: RCW 43.185C.315

text:
(1) The department shall establish HOPE centers across the state and may establish HOPE centers by contract, within funds appropriated by the legislature specifically for this purpose. HOPE centers shall be operated in a manner to reasonably assure that street youth placed there will not run away. Pursuant to rules established by the facility administrator, residents may come and go from the facility at reasonable hours such that no residents are free to come and go at all hours of the day and night. The facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the HOPE center. Any street youth who runs away from a HOPE center shall not be readmitted unless specifically authorized by the street youth's placement and liaison specialist, and the placement and liaison specialist shall document with specific factual findings an appropriate basis for readmitting any street youth to a HOPE center. HOPE centers are required to have the following:
(a) A license issued by the department of children, youth, and families, including staff who meet licensing qualifications;
(b) A case manager who may be a contractual or a part-time employee, but must be available to work with street youth in a HOPE center at a ratio of one to every fifteen youth staying in a HOPE center. This case manager shall be known as a placement and liaison specialist. Preference shall be given to those case managers who have experience working with adolescents and are cross-credentialed in mental health and chemical dependency. The placement and liaison specialist shall:
(i) Conduct an assessment of the street youth that includes a determination of the street youth's legal status regarding residential placement;
(ii) Facilitate the street youth's return to his or her legally authorized residence at the earliest possible date or initiate processes to arrange legally authorized appropriate placement. Any street youth who may meet the definition of dependent child under RCW 13.34.030 must be referred to the department of children, youth, and families. The department of children, youth, and families shall determine whether a dependency petition should be filed under chapter 13.34 RCW. A shelter care hearing must be held within seventy-two hours to authorize out-of-home placement for any youth the department of children, youth, and families determines is appropriate for out-of-home placement under chapter 13.34 RCW. All of the provisions of chapter 13.32A RCW must be followed for children in need of services or at-risk youth;
(iii) Interface with other relevant resources and system representatives to secure long-term residential placement and other needed services for the street youth;
(iv) Be assigned immediately to each youth and meet with the youth within eight hours of the youth receiving HOPE center services;
(v) Facilitate a physical examination of any street youth who has not seen a physician within one year prior to residence at a HOPE center and facilitate evaluation by a county-designated mental health professional, a chemical dependency specialist, or both if appropriate; and
(vi) Arrange an educational assessment to measure the street youth's competency level in reading, writing, and basic mathematics, and that will measure learning disabilities or special needs;
(c) Staff trained in development needs of street youth as determined by the department, including but not limited to an on-site program manager who must work with the placement and liaison specialist to provide appropriate services on-site;
(d) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery. Data collection systems must have confidentiality rules and protocols developed by the department;
(e) Notification requirements that meet the notification requirements of chapter 13.32A RCW. The youth's arrival date and time must be logged at intake by HOPE center staff. The staff must immediately notify law enforcement and dependency caseworkers if a street youth runs away from a HOPE center. A child may be transferred to a secure facility as defined in RCW 13.32A.030 whenever the staff reasonably believes that a street youth is likely to leave the HOPE center and not return after full consideration of the factors set forth in RCW 43.185C.290(2)(a) (i) and (ii). The street youth's temporary placement in the HOPE center must be authorized by the court or the secretary of the department of children, youth, and families if the youth is a dependent of the state under chapter 13.34 RCW or the department of children, youth, and families is responsible for the youth under chapter 13.32A RCW, or by the youth's parent or legal custodian, until such time as the parent can retrieve the youth who is returning to home;
(f) HOPE centers must identify to the department of children, youth, and families any street youth it serves who is not returning promptly to home. The department of children, youth, and families then must contact the missing children's clearinghouse identified in chapter 13.60 RCW and either report the youth's location or report that the youth is the subject of a dependency action and the parent should receive notice from the department of children, youth, and families; and
(g) Services that provide counseling and education to the street youth.
(2) The department shall award contracts for the operation of HOPE center beds with the goal of facilitating the coordination of services provided for youth by such programs and those services provided by secure and semi-secure crisis residential centers.
(3) Subject to funds appropriated for this purpose, the department must incrementally increase the number of available HOPE beds by at least seventeen beds in fiscal year 2017, at least seventeen beds in fiscal year 2018, and at least seventeen beds in fiscal year 2019, such that by July 1, 2019, seventy-five HOPE beds are established and operated throughout the state as set forth in subsection (1) of this section.
(4) Subject to funds appropriated for this purpose, the beds available in HOPE centers shall be increased incrementally. The additional capacity shall be distributed around the state based upon need and, to the extent feasible, shall be geographically situated so that HOPE beds are available across the state. In determining the need for increased numbers of HOPE beds in a particular county or counties, one of the considerations should be the volume of truancy petitions filed there.
[ 2019 c 124 s 3; 2017 c 277 s 7; 2016 c 205 s 10; 2015 c 69 s 22; 2011 c 240 s 2; 1999 c 267 s 12. Formerly RCW 74.15.220.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.
Phase in of beds—1999 c 267 ss 12 and 13: "Within funds specifically appropriated by the legislature, HOPE center beds referenced in section 12 of this act and responsible living skills program beds referenced in section 13 of this act shall be phased in at the rate of twenty-five percent each year beginning January 1, 2000, until the maximum is attained." [ 1999 c 267 s 26.]
Effective date—1999 c 267 ss 12 and 13: "Sections 12 and 13 of this act take effect January 1, 2000." [ 1999 c 267 s 27.]
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.


title: RCW 43.185C.320

text:
To be eligible for placement in a HOPE center, a minor must be either a street youth, as that term is defined in this chapter, or a youth who, without placement in a HOPE center, will continue to participate in increasingly risky behavior, including truancy. Youth may also self-refer to a HOPE center.
[ 2017 c 277 s 8; 2016 c 205 s 11; 2015 c 69 s 23; 2008 c 267 s 10. Formerly RCW 74.15.225.]
Notes:
Short title—2015 c 69: See RCW 43.330.911.


title: RCW 43.185C.325

text:
The department shall provide technical assistance in preparation of grant proposals for HOPE centers and responsible living skills programs to nonprofit organizations unfamiliar with and inexperienced in submission of requests for proposals to the department.
[ 1999 c 267 s 21. Formerly RCW 74.15.260.]
Notes:
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.

catchline: Youth services—HOPE centers—Responsible living skills programs—Grant proposals—Technical assistance.


title: RCW 43.185C.330

text:
The department shall consider prioritizing, on an ongoing basis, the awarding of contracts for HOPE centers and responsible living skills programs to providers who have not traditionally been awarded contracts with the department.
[ 1999 c 267 s 22. Formerly RCW 74.15.270.]
Notes:
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.

catchline: Youth services—HOPE centers—Responsible living skills programs—Awarding of contracts.


title: RCW 43.185C.340

text:
(1) Subject to funds appropriated for this specific purpose, the department shall administer a grant program that links students experiencing homelessness and their families with stable housing located in the student's school district. The goals of the program are to:
(a) Provide educational stability for students experiencing homelessness by promoting housing stability; and
(b) Encourage the development of collaborative strategies between housing and education partners.
(2) To ensure that innovative strategies between housing and education partners are developed and implemented, the department may contract and consult with a designated vendor to provide technical assistance and program evaluation, assist with making grant awards, and support collaboration between the department and the office of the superintendent of public instruction. If the department contracts with a vendor, the vendor must be selected by the director and:
(a) Be a nonprofit vendor;
(b) Be located in Washington state; and
(c) Have a demonstrated record of working toward the housing and educational stability of students and families experiencing homelessness.
(3) In implementing the program, the department, or the department in partnership with its designated vendor, shall consult with the office of the superintendent of public instruction.
(4)(a) The department, or the designated vendor in consultation with the department, shall develop a competitive grant process to make grant awards to eligible organizations on implementation of the proposal. For the purposes of this subsection, "eligible organization" means any local government, local housing authority, behavioral health administrative services organization established under chapter 71.24 RCW, behavioral health organization, nonprofit community or neighborhood-based organization, federally recognized Indian tribe in the state of Washington, or regional or statewide nonprofit housing assistance organization. Applications for the grant program must include a letter of support from the applicable school districts. Within 60 days of receiving a grant award under this section, a memorandum of understanding must be established between the housing providers and school districts defining the responsibilities and commitments of each party to identify, house, and support students experiencing homelessness. The memorandum must include:
(i) How housing providers will partner with school districts to address gaps and needs and develop sustainable strategies to help students experiencing homelessness; and
(ii) How data on students experiencing homelessness and their families will be collected and shared in accordance with privacy protections under applicable federal and state laws.
(b) If a memorandum of understanding cannot be established as required by (a) of this subsection, the housing provider and school districts may work with the department on a case-by-case basis to provide, in lieu of a memorandum of understanding, a detailed accountability plan for a partnership between the housing provider and the school districts.
(5) In determining which eligible organizations will receive grants, the department must ensure that selected grantees reflect geographic diversity across the state. Greater weight shall be given to eligible organizations that demonstrate a commitment to:
(a) Partnering with local schools or school districts as demonstrated by a letter of support; and
(b) Developing and implementing evidence-informed strategies to address racial inequities. Specific strategies may include, but are not limited to:
(i) Hiring direct service staff who reflect the racial, cultural, and language demographics of the population being served;
(ii) Committing to inclusive programming by intentionally seeking and utilizing input from the population being served;
(iii) Ensuring eligibility criteria does not unintentionally screen out people of color and further racial inequity; and
(iv) Creating access points in locations frequented by parents, guardians, and unaccompanied homeless youth of color.
(6) Activities eligible for assistance under this grant program include but are not limited to:
(a) Rental assistance, which includes utilities, security and utility deposits, first and last month's rent, rental application fees, moving expenses, and other eligible expenses to be determined by the department;
(b) Transportation assistance, including gasoline assistance for students and families with vehicles and bus passes;
(c) Emergency shelter;
(d) Housing stability case management; and
(e) Other collaborative housing strategies, including prevention and strength-based safety and housing approaches.
(7)(a) All beneficiaries of funds from the grant program must be from households that include at least one student experiencing homelessness as defined as a child or youth without a fixed, regular, and adequate nighttime residence in accordance with the federal McKinney-Vento homeless assistance act, 42 U.S.C. Sec. 11431 through 11435.
(b) For the purposes of this section, "student experiencing homelessness" includes unaccompanied homeless youth not in the physical custody of a parent or guardian. "Unaccompanied homeless youth" includes students up to the age of twenty-one, in alignment with the qualifications for school admissions under RCW 28A.225.160(1).
(8)(a) Grantee organizations must compile and report information to the department. The department shall report to the legislature the findings of the grantee, the housing stability of the homeless families, and any related policy recommendations.
(b) Grantees must track and report on the following measures including, but not limited to:
(i) Length of time enrolled in the grant program;
(ii) Housing destination at program exit;
(iii) Type of residence prior to enrollment in the grant program; and
(iv) Number of times homeless in the past three years.
(c) Grantees must also include in their reports a narrative description discussing its partnership with school districts as set forth in the memorandum outlined in subsection (4) of this section. Reports must also include the kinds of supports grantees are providing students and families to support academic learning.
(d) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180.
(9) In order to ensure that housing providers are meeting the requirements of the grant program for students experiencing homelessness, the department, or the department in partnership with its designee, shall monitor the program at least once every two years.
(10) Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the department. In its review, the department, or the department in partnership with its designee, shall monitor program components that include the process used by the eligible organization to identify and reach out to students experiencing homelessness, and other indicators to determine how well the eligible organization is meeting the housing needs of students experiencing homelessness. The department, or the department in partnership with its designee, shall provide technical assistance and support to housing providers to better implement the program.
(11) The department is subject to the requirements established in RCW 28A.300.542(9).
[ 2023 c 386 s 2. Prior: 2019 c 412 s 2; 2019 c 325 s 5015; 2016 c 157 s 3.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.
Finding—Intent—Short title—2016 c 157: See notes following RCW 28A.300.540.

catchline: Students experiencing homelessness—Grant program to link families with housing—Program goals—Grant process—Requirements—Grantees report to the department.


title: RCW 43.185C.900

text:
This chapter may be known and cited as the homelessness housing and assistance act.
[ 2005 c 484 s 2.]

catchline: Short title.


title: RCW 43.185C.901

text:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2005 c 484 s 24.]

catchline: Conflict with federal requirements—2005 c 484.


title: RCW 43.185C.902

text:
This act takes effect August 1, 2005.
[ 2005 c 484 s 25.]

catchline: Effective date—2005 c 484.


title: RCW 43.185D.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the Washington state housing finance commission.
(2) "Department" means the department of commerce.
(3) "Eligible organizations" includes nonprofit developers, for-profit developers, public housing authorities, public development authorities, or other applicants eligible under rules established by the commission.
(4) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or above 50 percent, but not exceeding 80 percent, of the median family income adjusted for family size, for the county where the affordable housing is located, as reported by the United States department of housing and urban development.
(5) "Program" means the workforce housing accelerator revolving loan fund program created under RCW 43.185D.020 and 43.185D.030.
[ 2024 c 142 s 1.]

catchline: Definitions.


title: RCW 43.185D.020

text:
The program is created in the department to provide loans to eligible organizations to finance affordable housing for low-income households. The department shall contract with the commission to administer the program, subject to the availability of amounts appropriated for the specific purposes provided in this section.
[ 2024 c 142 s 2.]

catchline: Program created.


title: RCW 43.185D.030

text:
Under the program, the commission may administer loans to eligible organizations to assist with the development of housing for low-income households subject to the following considerations:
(1) Loans must be awarded to eligible organizations based on criteria established by the commission, including at least the following:
(a) Readiness to proceed with construction, including possession of necessary permits and completed land use entitlements;
(b) Amount and commitment of private capital being leveraged as part of the financing for the project;
(c) Proposed cost efficiency;
(d) Development location, with the goal of awarding funding to projects in as many areas of the state as financially feasible and viable;
(e) The applicant's qualifications and demonstrated capability to develop and manage the proposed project; and
(f) Any other criteria established by the commission, provided that such criteria shall not exceed the priority of any other criterion listed in this subsection (1).
(2) Any housing financed under the program must serve low-income households for at least 99 years; however, the commission, in consultation with program awardees, may establish a longer time period.
(3) Loans awarded under this section may not exceed the lesser of $20,000,000 or 20 percent of total project costs of the housing to be developed. The commission may exceed this maximum allowable loan amount for cause.
(4) Loans awarded under this section may be used in combination with private sector loans, tax exempt bonds, real estate excise tax abatements, corporate housing funding, or any other source of capital as recognized by the commission.
(5) The commission must structure loans issued pursuant to this section with an interest rate above one percent, but not exceeding 2.5 percent, for the first 20 years. The commission may not require annual loan repayments in excess of 15 percent of annual cash flow. Loans administered under this section may not include repayment timelines longer than 30 years, except as authorized by rules established by the commission.
(6) If a loan recipient refinances, the commission may require loan repayment at an equivalent percentage to the overall capital project financing package at the time of award.
(7) Upon receipt and repayment, any interest earnings and repaid loan funds must be tracked separately from other revenue and must be reloaned to qualifying applicants to finance additional housing serving low-income populations under the program.
(8) All loans issued pursuant to this section must be assumable under terms and conditions established by the commission.
(9) Loan recipients must:
(a) Commit to beginning construction within 180 days of award;
(b) Adhere to the evergreen sustainable development standard adopted by the department;
(c) File an annual compliance report containing information as specified by the commission; and
(d) Restrict use of awarded loan funding to eligible costs of housing as defined under RCW 43.180.020.
(10) The commission must:
(a) Strive to provide as much geographic distribution in areas where this type of financing tool is feasible and viable. The commission may not allocate more than $20,000,000 per round of funding to projects in each individual county. However, the commission may award more than $20,000,000 per round of funding to projects in an individual county if there are no qualifying applications in other counties;
(b) Establish criteria and procedures for long-term monitoring of affordability of housing and compliance. The commission may charge monitoring fees; and
(c) Establish annual reporting requirements for loan recipients.
(11) The commission shall adopt policies necessary to administer the program established in this section and RCW 43.185D.020.
(12) No commission general funds shall be expended to implement this program.
[ 2024 c 142 s 3.]

catchline: Loans—Considerations for award—Terms.


title: RCW 43.18A.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Direct lived experience" has the meaning provided in RCW 43.03.220.
(2)(a) "Statutory entity" means a multimember task force, work group, or advisory committee, that is:
(i) Temporary;
(ii) Established by legislation;
(iii) Established for the specific purpose of examining a particular policy or issue directly and tangibly affecting a particular underrepresented population; and
(iv) Required to report to the legislature on the policy or issue it is tasked with examining.
(b) "Statutory entity" does not include legislative select committees or other statutorily created legislative entity composed of only legislative members.
(3) "Underrepresented population" means a population group that is more likely to be at higher risk for disenfranchisement due to adverse socioeconomic factors such as unemployment, high housing and transportation costs relative to income, effects of environmental harms, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that may be barriers for participating in policy making processes.
[ 2024 c 283 s 2.]
Notes:
Findings—Intent—2024 c 283: See note following RCW 43.18A.020.