The purpose of this act is to repeal RCW 13.16.085 and 13.40.220, also known as the "parent pay" statutes, which requires parents to pay a percentage of their gross income for the cost of their child's support, treatment, and confinement.
The parent pay statutes essentially operate as a legal financial obligation assessed on parents for their child's incarceration. These laws disproportionally impact poorer parents and represent a dated policy and philosophy that is not aligned with current racial equity and social justice reforms. Pursuing these parents is unfair and takes advantage of people at their most vulnerable, undermining government credibility and the integrity of the legal process. Placing these parents in debt may also result in unstable home environments, deterring successful youth reentry back into the community.
The legislature finds that eliminating parents' financial obligation to pay for their child's incarceration will advance racial equity and help to support a successful transition to adulthood for young people in juvenile detention and in the department's care.
This section modifies existing section 43.20B.095. Here is the modified chapter for context.
The department is authorized to establish and to recover debts for the department of children, youth, and families under this chapter pursuant to a contract between the department of children, youth, and families and the department that is entered into in compliance with the interlocal cooperation act, chapter 39.34 RCW.
This act does not affect any moneys paid to the department of children, youth, and families or the courts before the effective date of this section. Any moneys already collected from a parent or other person legally obligated to care for and support a child under RCW 13.16.085 or 13.40.220 before the effective date of this section will not be refunded to that person.
This act does not create a cause of action against the state of Washington.