wa-law.org > bill > 2025-26 > SB 5617 > Substitute Bill
As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:
Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child in need of services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that the department, or a community-based entity under contract with the department, has completed a family assessment. The family assessment shall involve the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. A completed family assessment is not required for a child in need of services petition filed pursuant to section 8 of this act.
A child or a child's parent may file with the juvenile court a child in need of services petition to approve an out-of-home placement for the child before completion of a family assessment. When the youth is filing a child in need of services petition while in a county detention facility, or in county custody, the court shall schedule an emergency hearing pursuant to section 8 of this act after a family reconciliation services assessment has been requested by the department. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides, except for petitions filed pursuant to section 8 of this act. The petition shall allege that the child is a child in need of services and shall ask only that the placement of a child outside the home of his or her parent be approved, except for petitions filed pursuant to section 8 of this act. The filing of a petition to approve the placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under this chapter.
A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW.
Whenever a child in need of services petition is filed by: (a) A youth pursuant to RCW 13.32A.150 or section 8 of this act; (b) the child or the child's parent pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and if unsuccessful, then by certified mail with return receipt, except as provided otherwise.
Whenever a child in need of services petition is filed by a youth or parent pursuant to RCW 13.32A.150 or section 8 of this act, the court shall immediately notify the department that a petition has been filed.
When a child in need of services petition is filed by the department, and the court or the petitioning party knows or has reason to know that an Indian child is involved, the provisions of chapter 13.38 RCW apply.
When a court schedules an emergency hearing under section 8 of this act, the court, juvenile detention, or juvenile probation shall make diligent efforts to inform the department and the parent or legal guardian of the emergency hearing. The notice may be given by any means reasonably certain of notifying the parent or legal guardian including, but not limited to: Written, including in an electronic format; telephone; or in-person oral notification.
When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, 13.32A.150, or section 8 of this act, the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent's home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within 10 days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.130, 13.34, and 71.34 RCW, including the right to file an at-risk youth petition, and, except for petitions filed pursuant to section 8 of this act, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.
Upon filing of a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, HOPE center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.
If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile's parent.
The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.
The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:
The child is a child in need of services as defined in RCW 13.32A.030(5);
If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;
Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
A suitable out-of-home placement resource is available. This subsection does not apply to a petition filed pursuant to section 8 of this act.
The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.
The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.
At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.
A disposition hearing shall be held no later than 14 days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing.
At the conclusion of the disposition hearing, the court may: (a) Reunite the family and dismiss the petition; (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an out-of-home placement requested in the child in need of services petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to exceed 90 days.
At any time the court may order the department to review the matter for purposes of filing a dependency petition under chapter 13.34 RCW. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.196(3).
The court may only enter an order under subsection (2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the family; (ii) the parents have not requested an out-of-home placement; (iii) the parents have not exercised any other right listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of the petition; (v) the problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home; (vi) reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (vii) a suitable out-of-home placement resource is available; (b)(i) the order is in the best interest of the child; and (ii) the parents are unavailable; or (c) the parent's actions cause an imminent threat to the child's health or safety. (a)(vii) of this subsection (3) does not apply to petitions filed pursuant to section 8 of this act.
The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and the perceived needs of the parents if the order was entered under subsection (2)(d) of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.
A child who fails to comply with a court order issued under this section shall be subject to contempt proceedings, as provided in this chapter, but only if the noncompliance occurs within one year after the entry of the order. This subsection does not apply to petitions filed under section 8 of this act.
Except for petitions filed under section 8 of this act, after the court approves or orders an out-of-home placement, the parents or the department may request, and the court may grant, dismissal of the child in need of services proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:
The child has been absent from court approved placement for 30 consecutive days or more;
The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
The department has exhausted all available and appropriate resources that would result in reunification.
The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.
Subject to the amounts appropriated for this specific purpose, the office of homeless youth prevention and protection programs shall select, monitor, and provide funding and assistance statewide to counties that implement housing stability for youth in crisis programs as described in this section .
The housing stability for youth in crisis programs must include the following components:
Regular trainings provided to all appropriate juvenile court staff regarding risk factors and identifiers for youth homelessness;
An identification and referral system used throughout the juvenile court system where all appropriate court staff use routine data flags to identify youth at risk for youth homelessness and refer youth to the housing stability coordinator described under (c) of this subsection;
A dedicated housing stability coordinator in each participating county that receives referrals, conducts housing stability assessments with youth and caregivers, connects youth and caregivers with relevant community providers based on assessments, and follows up on referrals;
A model of homelessness prevention services that provides the appropriate amount of intervention based on the youth or family needs; and
Coordinated housing services for youth experiencing homelessness.
By October 1, 2025, and annually thereafter, and in compliance with RCW 43.01.036, the office of homeless youth prevention and protection programs shall submit a report to the relevant committees of the legislature and the governor that includes:
In its initial report, an evaluation of the housing stability for youth in crisis programs that includes outcome data for participants;
Recommendations for improving the housing stability for youth in crisis programs;
c.
Outcome data for participants; and
d. Any other relevant information as determined by the office of homeless youth prevention and protection programs.
Prior to their release, a juvenile probation officer, juvenile detention facility, or a juvenile in detention or in the physical custody of the juvenile court may file a child in need of services petition with the juvenile court for the court to approve an out-of-home placement and wrap-around services if the juvenile probation officer, juvenile detention facility, or juvenile has reason to believe there will be no parent, legal guardian, or responsible adult to whom the juvenile can be released when legal jurisdiction to detain ends.
The petition is to be filed in the county where the juvenile is detained. The case shall be transferred to the county of the juvenile's residence within seven days of the juvenile's release from detention.
If the juvenile may be released from detention or physical custody of the court prior to the time of a scheduled fact-finding hearing, the court shall schedule an emergency hearing to be held as soon as possible and no later than the time that legal authority to detain the juvenile ends. This hearing may be held ex parte if necessary. If the court holds the hearing ex parte, the court must make written findings explaining the reason the hearing was held ex parte. Hearsay shall be admissible at the emergency hearing. At the emergency hearing, if the court finds probable cause to believe there is no parent, legal guardian, or responsible adult to whom the juvenile can be released when legal jurisdiction to detain ends, the court shall enter an emergency order releasing the juvenile to a responsible adult identified by the petitioner and/or juvenile and approved by the court or any other court-approved placement identified by the petitioner and/or juvenile. However, if the court does not approve of the responsible adult or placement identified by the petitioner and/or juvenile the court shall order the department to take the juvenile into custody pending the outcome of a fact-finding hearing under RCW 13.32A.170. Diligent efforts must be made by the court, juvenile detention facility, and/or juvenile probation counselor to notify the parents or legal guardians of this emergency hearing.
Court staff, including a juvenile probation counselor, may refer juveniles to the housing stability for youth in crisis programs, as provided for in RCW 43.330.724, where they exist and within existing resources to assist with housing stability by collaborating with shelter providers, the department, juvenile court staff, community partners, host homes, parents, guardians, kin, and other identified supporters to prevent homelessness and ensure the juvenile transitions to safe housing. Out-of-home placement assistance may involve providing vouchers to juveniles or their families/friends to address immediate needs and stabilize housing including, but not limited to, transportation, vehicle repairs, and acquiring essential furniture.
A juvenile in detention or in the physical custody of the juvenile court shall be assigned counsel by the court or referred to an available civil legal aid law firm to assist with preparing, filing of court documents, and advising them of their legal rights related to housing and other supports.
A petition may not be filed if the juvenile is the subject of a proceeding under chapter 13.34 RCW.
This section is intended to create another pathway for a juvenile to be released to a responsible adult upon release from detention. Nothing in this section discharges the department from its obligation under RCW 13.40.050(7) to pick up a juvenile being released from juvenile detention if no responsible and willing adult is located to pick up the juvenile upon release from juvenile detention.
When a juvenile taken into custody is held in detention:
An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
Notice of the detention hearing, stating the time, place, and purpose of the hearing, stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.
At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040.
If detention is not necessary under RCW 13.40.040, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:
Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
Place restrictions on the travel of the juvenile during the period of release;
Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
Require that the juvenile return to detention during specified hours; or
Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(5).
A juvenile may be released only to a responsible adult or the department. The department shall pick up a juvenile being released from detention when a responsible adult willing and able to pick up the juvenile has not been located by the time of release.
If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.
A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.
When a juvenile detention facility notifies the department that a juvenile in detention reasonably believes they will be a child in need of services upon release from detention pursuant to RCW 13.40.050, the department shall: (1) Screen in an intake and open a case; (2) partner with the juvenile court and family to identify needed and available resources to support the family in caring for the youth; (3) conduct a shared planning meeting inviting both the youth and defense attorney; (4) offer services to help locate family, relatives, or kin; and (5) provide family reconciliation services, including community-based family reconciliation services, to assist the juvenile, family, or other responsible adult, as ordered by the court, willing to support the juvenile to remedy issues that prevent the juvenile from living with their family or other responsible adults. The department may offer a temporary voluntary placement agreement to last no more than 90 days when appropriate.
The partnership council on juvenile justice shall consider and provide recommendations regarding the family reconciliation, child in need of services, at-risk youth, and truancy systems in order to develop recommendations to modernize this chapter and align its intentions, goals, and services with other, newer chapters, including chapter 43.330 RCW. The partnership council on juvenile justice is authorized to consult with experts to study and gather research on best practices regarding supports and services for family reconciliation, at-risk youth, children in need of services, and truancy, and to consult with relevant stakeholders regarding its potential recommendations. Relevant stakeholders may include, but are not limited to, the superior court judges association; Washington association of juvenile court administrators; office of homeless youth prevention and protection programs; office of the superintendent of public instruction; community-based organizations with expertise in unaccompanied youth, truancy professionals, and youth shelter providers; law enforcement; prosecutors; public defenders; incarcerated and formerly incarcerated youth and young adults; youth and young adults who have experienced homelessness; parents who have experienced raising at-risk youth; chemical dependency treatment providers; adolescent behavioral health professionals; and the administrative office of the courts.
By October 31, 2026, and in compliance with RCW 43.01.036, the partnership council on juvenile justice shall report to the governor and appropriate committees of the legislature recommendations for modernizing this chapter and other necessary steps to develop a meaningful safety and support network to address the needs of unaccompanied minors. Recommendations shall consider restorative principles and best practices and shall be developed in consultation with those who have been unaccompanied minors; have experienced truancy, chemical dependency, or have been children in need of services; and family members of youth who have experienced truancy or at-risk behaviors. The partnership council on juvenile justice shall provide recommendations for updating statutory language, identifying gaps in the provision of services, recommending pathways to address those gaps, recommending program implementation including, but not limited to, structure and placement within state government; scope and scale of funding including eligibility criteria; court processes as needed; and coordination with the existing adolescent services.