H-2661.1
SECOND SUBSTITUTE HOUSE BILL 1685
State of Washington 68th Legislature 2024 Regular Session
By House Human Services, Youth, & Early Learning (originally
sponsored by Representatives Rule, Dent, Eslick, and Pollet)
READ FIRST TIME 01/24/24.
1 AN ACT Relating to resource and assessment centers; amending RCW
2 74.15.020 and 74.15.311; reenacting and amending RCW 74.15.020;
3 providing an effective date; and providing an expiration date.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 74.15.020 and 2023 c 408 s 3 are each amended to
6 read as follows:
7 The definitions in this section apply throughout this chapter and
8 RCW 74.13.031 unless the context clearly requires otherwise.
9 (1) "Agency" means any person, firm, partnership, association,
10 corporation, or facility which receives children, expectant mothers,
11 or persons with developmental disabilities for control, care, or
12 maintenance outside their own homes, or which places, arranges the
13 placement of, or assists in the placement of children, expectant
14 mothers, or persons with developmental disabilities for foster care
15 or placement of children for adoption, and shall include the
16 following irrespective of whether there is compensation to the agency
17 or to the children, expectant mothers, or persons with developmental
18 disabilities for services rendered:
19 (a) "Child-placing agency" means an agency which places a child
20 or children for temporary care, continued care, or for adoption;
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 1 (b) "Community facility" means a group care facility operated for
2 the care of juveniles committed to the department under RCW
3 13.40.185. A county detention facility that houses juveniles
4 committed to the department under RCW 13.40.185 pursuant to a
5 contract with the department is not a community facility;
6 (c) "Crisis residential center" means an agency which is a
7 temporary protective residential facility operated to perform the
8 duties specified in chapter 13.32A RCW, in the manner provided in RCW
9 43.185C.295 through 43.185C.310;
10 (d) "Emergency respite center" is an agency that may be commonly
11 known as a crisis nursery, that provides emergency and crisis care
12 for up to seventy-two hours to children who have been admitted by
13 their parents or guardians to prevent abuse or neglect. Emergency
14 respite centers may operate for up to twenty-four hours a day, and
15 for up to seven days a week. Emergency respite centers may provide
16 care for children ages birth through seventeen, and for persons
17 eighteen through twenty with developmental disabilities who are
18 admitted with a sibling or siblings through age seventeen. Emergency
19 respite centers may not substitute for crisis residential centers or
20 HOPE centers, or any other services defined under this section, and
21 may not substitute for services which are required under chapter
22 13.32A or 13.34 RCW;
23 (e) "Foster family home" means an agency which regularly provides
24 care on a twenty-four hour basis to one or more children, expectant
25 mothers, or persons with developmental disabilities in the family
26 abode of the person or persons under whose direct care and
27 supervision the child, expectant mother, or person with a
28 developmental disability is placed;
29 (f) "Group-care facility" means an agency, other than a foster
30 family home, which is maintained and operated for the care of a group
31 of children on a twenty-four hour basis. "Group care facility"
32 includes but is not limited to:
33 (i) Qualified residential treatment programs as defined in RCW
34 13.34.030;
35 (ii) Facilities specializing in providing prenatal, postpartum,
36 or parenting supports for youth; and
37 (iii) Facilities providing high quality residential care and
38 supportive services to children who are, or who are at risk of
39 becoming, victims of sex trafficking;
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 1 (g) "HOPE center" means an agency licensed by the secretary to
2 provide temporary residential placement and other services to street
3 youth. A street youth may remain in a HOPE center for thirty days
4 while services are arranged and permanent placement is coordinated.
5 No street youth may stay longer than thirty days unless approved by
6 the department and any additional days approved by the department
7 must be based on the unavailability of a long-term placement option.
8 A street youth whose parent wants him or her returned to home may
9 remain in a HOPE center until his or her parent arranges return of
10 the youth, not longer. All other street youth must have court
11 approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center
12 up to thirty days;
13 (h) "Maternity service" means an agency which provides or
14 arranges for care or services to expectant mothers, before or during
15 confinement, or which provides care as needed to mothers and their
16 infants after confinement;
17 (i) "Resource and assessment center" means an agency that
18 provides short-term emergency and crisis care for a period up to
19 ((seventy-two hours, excluding Saturdays, Sundays, and holidays))
20 three business days, or up to seven business days with department
21 approval to children who have been removed from their parent's or
22 guardian's care by child protective services or law enforcement;
23 (j) "Responsible living skills program" means an agency licensed
24 by the secretary that provides residential and transitional living
25 services to persons ages sixteen to eighteen who are dependent under
26 chapter 13.34 RCW and who have been unable to live in his or her
27 legally authorized residence and, as a result, the minor lived
28 outdoors or in another unsafe location not intended for occupancy by
29 the minor. Dependent minors ages fourteen and fifteen may be eligible
30 if no other placement alternative is available and the department
31 approves the placement;
32 (k) "Service provider" means the entity that operates a community
33 facility.
34 (2) "Agency" shall not include the following:
35 (a) Persons related to the child, expectant mother, or person
36 with developmental disability in the following ways:
37 (i) Any blood relative, including those of half-blood, and
38 including first cousins, second cousins, nephews or nieces, and
39 persons of preceding generations as denoted by prefixes of grand,
40 great, or great-great;
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 1 (ii) Stepfather, stepmother, stepbrother, and stepsister;
2 (iii) A person who legally adopts a child or the child's parent
3 as well as the natural and other legally adopted children of such
4 persons, and other relatives of the adoptive parents in accordance
5 with state law;
6 (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of
7 this subsection (2), even after the marriage is terminated;
8 (v) Relatives, as named in (a)(i), (ii), (iii), or (iv) of this
9 subsection (2), of any half sibling of the child; or
10 (vi) Extended family members, as defined by the law or custom of
11 the Indian child's tribe or, in the absence of such law or custom, a
12 person who has reached the age of eighteen and who is the Indian
13 child's grandparent, aunt or uncle, brother or sister, brother-in-law
14 or sister-in-law, niece or nephew, first or second cousin, or
15 stepparent who provides care in the family abode on a twenty-four-
16 hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
17 (b) Persons who are legal guardians of the child, expectant
18 mother, or persons with developmental disabilities;
19 (c) Persons who care for a neighbor's or friend's child or
20 children, with or without compensation, where the parent and person
21 providing care on a twenty-four-hour basis have agreed to the
22 placement in writing and the state is not providing any payment for
23 the care;
24 (d) A person, partnership, corporation, or other entity that
25 provides placement or similar services to exchange students or
26 international student exchange visitors or persons who have the care
27 of an exchange student in their home;
28 (e) A person, partnership, corporation, or other entity that
29 provides placement or similar services to international children who
30 have entered the country by obtaining visas that meet the criteria
31 for medical care as established by the United States citizenship and
32 immigration services, or persons who have the care of such an
33 international child in their home;
34 (f) Schools, including boarding schools, which are engaged
35 primarily in education, operate on a definite school year schedule,
36 follow a stated academic curriculum, accept only school-age children
37 and do not accept custody of children;
38 (g) Hospitals licensed pursuant to chapter 70.41 RCW when
39 performing functions defined in chapter 70.41 RCW, nursing homes
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 1 licensed under chapter 18.51 RCW and assisted living facilities
2 licensed under chapter 18.20 RCW;
3 (h) Licensed physicians or lawyers;
4 (i) Facilities approved and certified under chapter 71A.22 RCW;
5 (j) Any agency having been in operation in this state ten years
6 prior to June 8, 1967, and not seeking or accepting moneys or
7 assistance from any state or federal agency, and is supported in part
8 by an endowment or trust fund;
9 (k) Persons who have a child in their home for purposes of
10 adoption, if the child was placed in such home by a licensed child-
11 placing agency, an authorized public or tribal agency or court or if
12 a replacement report has been filed under chapter 26.33 RCW and the
13 placement has been approved by the court;
14 (l) An agency operated by any unit of local, state, or federal
15 government or an agency licensed by an Indian tribe pursuant to RCW
16 74.15.190;
17 (m) A maximum or medium security program for juvenile offenders
18 operated by or under contract with the department;
19 (n) An agency located on a federal military reservation, except
20 where the military authorities request that such agency be subject to
21 the licensing requirements of this chapter;
22 (o)(i) A host home program, and host home, operated by a tax
23 exempt organization for youth not in the care of or receiving
24 services from the department except as provided in ((subsection (2)))
25 (o)(iii) of this ((section [(o)(iii) of this subsection]))
26 subsection, if that program: (A) Recruits and screens potential homes
27 in the program, including performing background checks on individuals
28 over the age of eighteen residing in the home through the Washington
29 state patrol or equivalent law enforcement agency and performing
30 physical inspections of the home; (B) screens and provides case
31 management services to youth in the program; (C) obtains a notarized
32 permission slip or limited power of attorney from the parent or legal
33 guardian of the youth authorizing the youth to participate in the
34 program and the authorization is updated every six months when a
35 youth remains in a host home longer than six months, unless there is
36 a compelling reason to not contact the parent or guardian; (D)
37 obtains insurance for the program through an insurance provider
38 authorized under Title 48 RCW; (E) provides mandatory reporter and
39 confidentiality training; and (F) registers with the secretary of
40 state under RCW 74.15.315.
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 1 (ii) If a host home program serves a child without parental
2 authorization who is seeking or receiving protected health care
3 services, the host home program must:
4 (A) Report to the department within 72 hours of the youth's
5 participation in the program and following this report the department
6 shall make a good faith attempt to notify the parent of this report
7 and offer services designed to resolve the conflict and accomplish a
8 reunification of the family;
9 (B) Report to the department the youth's participation in the
10 host home program at least once every month when the youth remains in
11 the host home longer than one month; and
12 (C) Provide case management outside of the host home and away
13 from any individuals residing in the home at least once per month.
14 (iii) A host home program and host home that meets the other
15 requirements of this subsection (2)(o) ((of this section [this
16 subsection (2)(o)])) may provide care for a youth who is receiving
17 services from the department if the youth is:
18 (A) Not subject to a dependency proceeding under chapter 13.34
19 RCW; and
20 (B) Seeking or receiving protected health care services.
21 (iv) For purposes of this section, the following definitions
22 apply:
23 (A) "Host home" means a private home that volunteers to host
24 youth in need of temporary placement that is associated with a host
25 home program.
26 (B) "Host home program" is a program that provides support to
27 individual host homes and meets the requirements of (o)(i) of this
28 subsection.
29 (C) "Compelling reason" means the youth is in the host home or
30 seeking placement in a host home while seeking or receiving protected
31 health care services.
32 (D) "Protected health care services" means gender-affirming
33 treatment as defined in RCW 74.09.675 and reproductive health care
34 services as defined in RCW 74.09.875.
35 (v) Any host home program that receives local, state, or
36 government funding shall report the following information to the
37 office of homeless youth prevention and protection programs annually
38 by December 1st of each year: The number of children the program
39 served, why the child was placed with a host home, and where the
40 child went after leaving the host home, including but not limited to
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 1 returning to the parents, running away, reaching the age of majority,
2 or becoming a dependent of the state;
3 (p) Receiving centers as defined in RCW 7.68.380.
4 (3) "Department" means the department of children, youth, and
5 families.
6 (4) "Juvenile" means a person under the age of twenty-one who has
7 been sentenced to a term of confinement under the supervision of the
8 department under RCW 13.40.185.
9 (5) "Performance-based contracts" or "contracting" means the
10 structuring of all aspects of the procurement of services around the
11 purpose of the work to be performed and the desired results with the
12 contract requirements set forth in clear, specific, and objective
13 terms with measurable outcomes. Contracts may also include provisions
14 that link the performance of the contractor to the level and timing
15 of the reimbursement.
16 (6) "Probationary license" means a license issued as a
17 disciplinary measure to an agency that has previously been issued a
18 full license but is out of compliance with licensing standards.
19 (7) "Requirement" means any rule, regulation, or standard of care
20 to be maintained by an agency.
21 (8) "Secretary" means the secretary of the department.
22 (9) "Street youth" means a person under the age of eighteen who
23 lives outdoors or in another unsafe location not intended for
24 occupancy by the minor and who is not residing with his or her parent
25 or at his or her legally authorized residence.
26 (10) "Transitional living services" means at a minimum, to the
27 extent funds are available, the following:
28 (a) Educational services, including basic literacy and
29 computational skills training, either in local alternative or public
30 high schools or in a high school equivalency program that leads to
31 obtaining a high school equivalency degree;
32 (b) Assistance and counseling related to obtaining vocational
33 training or higher education, job readiness, job search assistance,
34 and placement programs;
35 (c) Counseling and instruction in life skills such as money
36 management, home management, consumer skills, parenting, health care,
37 access to community resources, and transportation and housing
38 options;
39 (d) Individual and group counseling; and
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 1 (e) Establishing networks with federal agencies and state and
2 local organizations such as the United States department of labor,
3 employment and training administration programs including the
4 workforce innovation and opportunity act which administers private
5 industry councils and the job corps; vocational rehabilitation; and
6 volunteer programs.
7 Sec. 2. RCW 74.15.020 and 2023 c 441 s 4 and 2023 c 408 s 3 are
8 each reenacted and amended to read as follows:
9 The definitions in this section apply throughout this chapter and
10 RCW 74.13.031 unless the context clearly requires otherwise.
11 (1) "Agency" means any person, firm, partnership, association,
12 corporation, facility, or residential private school which receives
13 children, expectant mothers, or persons with developmental
14 disabilities for control, care, or maintenance outside their own
15 homes, or which places, arranges the placement o