5000. SERVICE DELIVERY
- Interventions and services shall focus and build upon family strength and be responsive to individual and cultural needs. RCW 74.14A.020; RCW 74.14C.005
- The department shall employ the least intrusive interventions which engage the family in problem solving efforts, provided the child is adequately protected. RCW 74.14A.020; RCW 74.14A.020
- All service delivery shall be goal-oriented, establishing a plan for permanency at the onset of service delivery in order to best serve the child and family's needs. All services and case activity shall be directed towards achieving the permanency planning goals and health, safety, and welfare of the child. RCW 74.14A.020; RCW 13.34.; 42 USC 675, Sec. 475, RCW 74.14A.020; RCW 13.34.145; RCW 74.14A.020; RCW 74.14A.020; RCW 74.14A.020; RCW 74.14A.025;
- The department shall utilize collaborative community efforts to improve the coordination of needed services for the prevention of CA/N and the preservation of families. RCW 74.14A.020; RCW 74.14A.020
It is a legislative goal that protecting the health and safety of children is paramount. Within available funds, the department shall focus child welfare services on protecting the child, strengthening families and, to the extent possible, provide necessary services in the family setting, while drawing upon the strengths of the family. The department, where available and appropriate, may arrange for family preservation services to prevent the need for placement. These services emphasize the safety of the child, value family unity, and focus on individual family members' strengths. RCW 74.14A.020; RCW 74.14C.005; RCW 74.14A.020; RCW 74.14A.020
- Information and referral services may be provided when further DCFS services are not appropriate and the child/family are better served by another agency. RCW 74.14A.020; RCW 13.32A.040
- Where a child is placed an out-of-home placement pursuant to RCW 13.32A.090, the department shall make available FRS in order to facilitate the reunification of the family. Any such placement may continue as long as there is agreement by the child and parent. RCW 74.14A.020; RCW 13.32A.100
- A law enforcement officer acting in good faith pursuant to RCW 13.32A is immune from civil or criminal liability for such action. RCW 74.14A.020; RCW 13.32A.070
- A person with whom a child is placed pursuant to RCW 13.32A 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. RCW 74.14A.020; RCW 13.32A.070
- Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parents home without the permission of the parent, or other lawfully prescribed residence, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or the department's local DCFS office. RCW 74.14A.020; RCW 13.32A.080
- When the department receives a report under paragraph C above, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family. RCW 74.14A.020; RCW 13.32A.082
- A law enforcement officer shall take a child into custody:
- 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
- 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
- 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; or
- If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued under chapter 13.32A or 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under chapter 13.32A or 13.34 RCW. RCW 74.14A.020; RCW 13.32A.050
- If 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.
- It is not practical to take the child to his or her home or place of the parent's employment.
- There is no parent available to accept custody of the child. RCW 74.14A.020; RCW 13.32A.060
- If a law enforcement officer takes a child into custody pursuant to paragraph E 1 or 2 above, and transports the child to a CRC, the officer shall, within 24 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 CRC shall provide DCFS with a copy of the officers report. RCW 74.14A.020; RCW 13.32A.050
- An officer taking a child into custody under RCW 13.32A.050 shall inform the child of the reason for such custody and shall:
- 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 office take the child to the home of an adult extended family member, responsible adult, CRC, the department, 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 officers belief, is within a reasonable distance of the parents home. The officer releasing a child into custody of one of the above shall inform the receiving home or facility 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
- After attempting to notify the parent, take the child to a designated CRCs secure facility or semi-secure facility if the secure facility is full, not available, or not located within a reasonable distance.
- After attempting to notify the parent, if a CRC is full, not available, or not located within a reasonable distance, request the department to accept custody of the child. If the department determines that an appropriate placement is currently available, the department shall accept custody and place the child in an out-of-home placement.
- Upon accepting custody of a child from the officer, the department may place the child in an out-of-home placement for up to 72 hours, excluding Saturdays, Sundays, and holidays, without filing a CHINS petition under chapter 13.32A RCW, obtaining parental consent, or obtaining an order for placement under chapter 13.34 RCW. Upon transferring a child to the departments custody, the officer shall provide written documentation of the reasons and the statutory basis for taking the child into custody.
- If the department 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 if no placement option is available and the child is released. RCW 74.14A.020; RCW 13.32A.060
- 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 13.32A.060. RCW 74.14A.020; RCW 13.32A.050
- The department 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 with centers in their jurisdiction, where children taken into custody under RCW 13.32A.050 may be taken. RCW 74.14A.020; RCW 13.32A.060
- Whenever an officer transfers custody of a child to a crisis residential center or the department, the child may reside in the crisis residential center or may be placed by the department in an out-of-home placement for an aggregate total period of time not to exceed 72 hours, excluding Saturdays, Sundays, and holidays, except that, through June 30, 2002, a child placed in a secure facility under a court order entered under RCW 13.32A.250 must remain in the secure facility as provided in RCW 13.32A.06 Thereafter, the child may continue in out-of-home placement only if the parents have consented, a child in need of services petition has been filed under chapter 13.32A RCW, or an order for placement has been entered under chapter 13.34 RCW. RCW 74.14A.020; RCW 13.32A.060
- A juvenile may be taken into custody pursuant to RCW 13.40.040, but may not be held in detention unless meeting the provisions of RCW 13.40.040. The court or law enforcement may release a juvenile only to a responsible adult or to DSHS. See the CA Practices and Procedures Guide, chapter 3000, section 3540, for practice considerations. RCW 74.14A.020; RCW 13.40.040 and RCW 74.14A.020; 13.40.050
- Effective June 9, 2000, no placement of a juvenile in a secure facility under RCW 13.32A.060, 13.32A.065, 13.32A.130, 13.32A.250, 28A.225.090, 74.13.033, or 74.13.034 as a result of an order entered under RCW 13.32A.250 or 28A.225.090 may displace or prevent the placement of a juvenile in a secure facility under RCW 13.32A.050, 13.32A.060, or 13.32A.130. If a secure facility is located in a separate, secure section of a juvenile detention facility, no more than 50 percent of its capacity may be occupied by juveniles placed under RCW 13.32A.250 or 28A.225.090. If any capacity of a secure facility located in a juvenile detention facility is taken by a juvenile placed under RCW 13.32A.050, 13.32A.060, or 13.32A.130, that juvenile must be placed in the secure facility and a juvenile placed under RCW 13.32A.250 or 28A.225.090 be moved immediately to the juvenile detention facility. RCW 13.32A.067
The administrator of a designated crisis residential center (CRC) or the department, pursuant to RCW 13.32A.070, shall:
- Immediately notify the child's parent of the child's whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement.
- Initially notify the parent that it is the paramount concern of the FRS 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 RCW 13.32A.
- Inform the parent whether a referral to CPS has been made and, if so, inform the parent of the standard pursuant to RCW 26.44.020 governing child abuse and neglect in this state. RCW 74.14A.020; RCW 13.32A.090
The administrator of a designated CRC, or the department, pursuant to RCW 13.32A.070 shall:
- Arrange transportation for the child to the residence of the parent, as soon as practicable, when the child and his or her parent agree 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.
- Arrange transportation for the child to: (i) An out-of-home placement, which may include a licensed group care facility or foster family, when agreed to by the child and parent; (ii) a certified or licensed mental health or chemical dependency program of the parents choice.
- If the administrator of the crisis residential center performs the duties listed above, he or she shall also notify the department that a child has been admitted to the crisis residential center. RCW 74.14A.020; RCW 13.32A.090
- A child admitted to a secure facility shall remain in the facility for at least 24 hours after admission but for no more than five consecutive days. If the child admitted under this section is transferred between secure and semi-secure facilities, the aggregate length of time spent in all such centers or facilities may not exceed five consecutive days per admission. RCW 74.14A.020; RCW 13.32A.130
- The facility administrator shall determine within 24 hours after a childs 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 DCFS. RCW 74.14A.020; RCW 13.32A.130
- An administrator may transfer a child from a semi-secure facility to a secure facility whenever the administrator reasonably believes that the child is likely to leave the semi-secure facility and not return and after full consideration of all factors in RCW 13.32A.130. RCW 74.14A.020; RCW 13.32A.130
- If no parent is available or willing to remove the child during the first 72 hours following admission, DCFS shall consider the filing of a petition under RCW 13.32A.140. RCW 74.14A.020; RCW 13.32A.130
- The parents may remove the child at any time during the five-day period unless the staff of the CRC 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. DCFS or any agency legally charged with the supervision of a child may remove a child from a CRC at any time after the first 24-hour period after admission has elapsed and only after full consideration by all parties of the factors in RCW 13.32A.130. RCW 74.14A.020; RCW 13.32A.130
- CRC staff shall make reasonable efforts to protect the child and to achieve a reconciliation of the family. RCW 74.14A.020; RCW 13.32A.130
- If a reconciliation and voluntary return of the child has not been achieved within 48 hours from the time of admission, and if the administrator of the center does not consider it likely that reconciliation will be achieved within the five day period, then the person in charge shall inform the parent and child of:
- The availability of counseling services.
- The right to file a child in need of services (CHINS) 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.
- The right to request the facility administrator or designee to form a multi-disciplinary team.
- The right to request a review of any out-of-home placement.
- The right to request a mental health or chemical dependency evaluation by a county-designated professional or a private treatment facility.
- The right to request treatment in a program to address the childs at-risk behavior under a court order at disposition hearing. RCW 74.14A.020; RCW 13.32A.130
- Effective June 9, 2000, and through June 30, 2002, this section does not apply to children admitted to a secure facility that is a separate, secure section of a juvenile detention facility under a court order issued under RCW 13.32A.250 or 28A.225.09(2). In no case may a child in contempt be confined in a secure facility that is freestanding outside a juvenile detention facility. RCW 74.14A.020; RCW 13.32A.130
- DCFS shall, within 72 hours of a placement, obtain voluntary consent from the parent(s), file a dependency or a CHINS petition, or return the child home. RCW 74.14A.020; RCW 13.32A.140
- If a child who has a legal residence outside the state of Washington is admitted to a CRC or is released by a law enforcement officer to the department, and the child refuses to return home, the provisions of RCW 13.24.010, Interstate Compact on the Placement of Children, shall apply. RCW 74.14A.020; RCW 13.32A.110
- Effective June 9, 2000, the department has no responsibility to attend hearings, provide transportation, case management, or any other services to youth confined in a secure facility that is a separate, secure section of a juvenile detention facility unless it is otherwise ordered by a court under a petition relating to a CHINS, an at-risk youth, or truancy. RCW 13.32A.135