Juvenile justice transfer

AN ACT Relating to transfer of the juvenile justice functions 1
from the department of children, youth, and families to the 2
department of corrections; amending RCW 13.40.020, 13.40.050, 3
13.40.087, 13.40.165, 13.40.205, 13.40.210, 13.40.280, 13.40.285, 4
13.40.730, 74.14A.030, 74.14A.040, 72.01.045, 72.01.050, 13.16.100, 5
28A.225.010, 72.05.010, 72.05.020, 72.05.130, 72.05.154, 72.05.440, 6
72.19.010, 72.19.020, 72.19.030, 72.19.040, 72.19.050, 72.19.060, 7
72.72.030, 72.72.040, 13.06.020, 13.06.030, 13.06.040, 13.06.050, 8
28A.190.050, 28A.190.060, 71.34.795, 72.01.410, 43.216.005, 9
43.216.035, and 43.216.015; reenacting and amending RCW 13.04.011 and 10
72.01.210; adding a new section to chapter 72.09 RCW; repealing RCW 11
13.40.468 and 13.40.660; and providing an effective date.12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:13
NEW SECTION. Sec. 1. A new section is added to chapter 72.09 14
RCW to read as follows: 15
(1) All powers, duties, and functions of the department of 16
children, youth, and families pertaining to juvenile justice services 17
under this chapter and chapters 13.04, 13.06, 13.16, 13.40, 28A.190, 18
28A.225, 74.14A, 72.01, 72.05, 72.19, 71.34, and 72.72 RCW are 19
transferred to the department of corrections. All references to the 20
secretary or the department of children, youth, and families in the 21
H-2439.1
HOUSE BILL 2108
State of Washington 69th Legislature 2026 Regular Session
By Representatives Walsh, Chase, and Graham
Prefiled 12/08/25. Read first time 01/12/26. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 2108
Revised Code of Washington shall be construed to mean the secretary 1
or the department of corrections when referring to the functions 2
transferred in this section. 3
(2)(a) All reports, documents, surveys, books, records, files, 4
papers, or written material in the possession of the department of 5
children, youth, and families pertaining to the powers, duties, and 6
functions transferred shall be delivered to the custody of the 7
department of corrections. All cabinets, furniture, office equipment, 8
motor vehicles, and other tangible property employed by the 9
department of children, youth, and families in carrying out the 10
powers, duties, and functions transferred shall be made available to 11
the department of corrections. All funds, credits, or other assets 12
held in connection with the powers, duties, and functions transferred 13
shall be assigned to the department of corrections.14
(b) Any appropriations made to the department of children, youth, 15
and families for carrying out the powers, duties, and functions 16
transferred shall, on July 1, 2026, be transferred and credited to 17
the department of corrections. 18
(c) Whenever any question arises as to the transfer of any 19
personnel, funds, books, documents, records, papers, files, 20
equipment, or other tangible property used or held in the exercise of 21
the powers and the performance of the duties and functions 22
transferred, the director of financial management shall make a 23
determination as to the proper allocation and certify the same to the 24
state agencies concerned. 25
(3) All employees of the department of children, youth, and 26
families engaged in performing the powers, duties, and functions 27
transferred are transferred to the jurisdiction of the department of 28
corrections. All employees classified under chapter 41.06 RCW, the 29
state civil service law, are assigned to the department of 30
corrections to perform their usual duties upon the same terms as 31
formerly, without any loss of rights, subject to any action that may 32
be appropriate thereafter in accordance with the laws and rules 33
governing state civil service. 34
(4) All rules and all pending business before the department of 35
children, youth, and families pertaining to the powers, duties, and 36
functions transferred shall be continued and acted upon by the 37
department of corrections. All existing contracts and obligations 38
shall remain in full force and shall be performed by the department 39
of corrections. 40
p. 2 HB 2108
(5) The transfer of the powers, duties, functions, and personnel 1
of the department of children, youth, and families shall not affect 2
the validity of any act performed before July 1, 2026.3
(6) If apportionments of budgeted funds are required because of 4
the transfers directed by this section, the director of financial 5
management shall certify the apportionments to the agencies affected, 6
the state auditor, and the state treasurer. Each of these shall make 7
the appropriate transfer and adjustments in funds and appropriation 8
accounts and equipment records in accordance with the certification.9
(7)(a) The portions of any bargaining units of employees at the 10
department of children, youth, and families existing on July 1, 2026, 11
that are transferred to the department of corrections shall be 12
considered separate appropriate units within the department of 13
corrections unless and until modified by the public employment 14
relations commission pursuant to Title 391 WAC. The exclusive 15
bargaining representatives recognized as representing the portions of 16
the bargaining units of employees at the department of children, 17
youth, and families existing on July 1, 2026, shall continue as the 18
exclusive bargaining representatives of the transferred bargaining 19
units without the necessity of an election. 20
(b) The public employment relations commission may review the 21
appropriateness of the collective bargaining units that are a result 22
of the transfer from the department of children, youth, and families 23
to the department of corrections under this act. The employer or the 24
exclusive bargaining representative may petition the public 25
employment relations commission to review the bargaining units in 26
accordance with this section. 27
Sec. 2. RCW 13.04.011 and 2017 3rd sp.s. c 6 s 601 are each 28
reenacted and amended to read as follows: 29
For purposes of this title: 30
(1) "Adjudication" has the same meaning as "conviction" in RCW 31
9.94A.030, but only for the purposes of sentencing under chapter 32
9.94A RCW; 33
(2) "Court" when used without further qualification means the 34
juvenile court judge(s) or commissioner(s); 35
(3) "Custodian" means that person who has the legal right to 36
custody of the child; 37
(4) "Department" means the department of ((children, youth, and 38
families)) corrections; 39
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(5) Except as specifically provided in RCW 13.40.020 and chapters 1
13.24 and 13.34 RCW, "juvenile," "youth," and "child" mean any 2
individual who is under the chronological age of eighteen years;3
(6) "Juvenile offender" and "juvenile offense" have the meaning 4
ascribed in RCW 13.40.020; 5
(7) "Parent" or "parents," except as used in chapter 13.34 RCW, 6
means that parent or parents who have the right of legal custody of 7
the child. 8
Sec. 3. RCW 13.40.020 and 2025 c 140 s 2 are each amended to 9
read as follows: 10
For the purposes of this chapter: 11
(1) "Assessment" means an individualized examination of a child 12
to determine the child's psychosocial needs and problems, including 13
the type and extent of any mental health, substance abuse, or co-14
occurring mental health and substance abuse disorders, and 15
recommendations for treatment. "Assessment" includes, but is not 16
limited to, drug and alcohol evaluations, psychological and 17
psychiatric evaluations, records review, clinical interview, and 18
administration of a formal test or instrument; 19
(2) "Community-based rehabilitation" means one or more of the 20
following: Employment; attendance of information classes; literacy 21
classes; counseling including an intake appointment, outpatient 22
substance abuse treatment programs, outpatient mental health 23
programs, anger management classes, education or outpatient treatment 24
programs to prevent animal cruelty, or other services including, when 25
appropriate, restorative justice programs; or attendance at school or 26
other educational programs appropriate for the juvenile as determined 27
by the school district. Placement in community-based rehabilitation 28
programs is subject to available funds; 29
(3) "Community-based sanctions" may include community restitution 30
not to exceed 150 hours of community restitution; 31
(4) "Community restitution" means compulsory service, without 32
compensation, performed for the benefit of the community by the 33
offender as punishment for committing an offense. Community 34
restitution may be performed through public or private organizations 35
or through work crews; 36
(5) "Community supervision" means an order of disposition by the 37
court of an adjudicated youth not committed to the department or an 38
order granting a deferred disposition. A community supervision order 39
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for a single offense may be for a period of up to two years for a sex 1
offense as defined by RCW 9.94A.030 and up to one year for other 2
offenses. As a mandatory condition of any term of community 3
supervision, the court shall order the juvenile to refrain from 4
committing new offenses. As a mandatory condition of community 5
supervision, the court shall order the juvenile to comply with the 6
mandatory school attendance provisions of chapter 28A.225 RCW and to 7
inform the school of the existence of this requirement. Community 8
supervision is an individualized program comprised of one or more of 9
the following: 10
(a) Community-based sanctions; 11
(b) Community-based rehabilitation; 12
(c) Monitoring and reporting requirements; 13
(d) Posting of a probation bond; 14
(e) Residential treatment, where substance abuse, mental health, 15
and/or co-occurring disorders have been identified in an assessment 16
by a qualified mental health professional, psychologist, 17
psychiatrist, co-occurring disorder specialist, or substance use 18
disorder professional and a funded bed is available. If a child 19
agrees to voluntary placement in a state-funded long-term evaluation 20
and treatment facility, the case must follow the existing placement 21
procedure including consideration of less restrictive treatment 22
options and medical necessity. 23
(i) A court may order residential treatment after consideration 24
and findings regarding whether: 25
(A) The referral is necessary to rehabilitate the child;26
(B) The referral is necessary to protect the public or the child;27
(C) The referral is in the child's best interest;28
(D) The child has been given the opportunity to engage in less 29
restrictive treatment and has been unable or unwilling to comply; and30
(E) Inpatient treatment is the least restrictive action 31
consistent with the child's needs and circumstances.32
(ii) In any case where a court orders a child to inpatient 33
treatment under this section, the court must hold a review hearing no 34
later than 60 days after the youth begins inpatient treatment, and 35
every 30 days thereafter, as long as the youth is in inpatient 36
treatment; 37
(6) "Community transition services" means a therapeutic and 38
supportive community-based custody option in which:39
p. 5 HB 2108
(a) A person serves a portion of their term of confinement 1
residing in the community, outside of department institutions and 2
community facilities; 3
(b) The department supervises the person in part through the use 4
of technology that is capable of determining or identifying the 5
monitored person's presence or absence at a particular location;6
(c) The department provides access to developmentally 7
appropriate, trauma-informed, racial equity-based, and culturally 8
relevant programs to promote successful reentry; and9
(d) The department prioritizes the delivery of available 10
programming from individuals who share characteristics with the 11
individual being served related to: Race, ethnicity, sexual identity, 12
and gender identity; 13
(7) "Confinement" means physical custody by the department ((of 14
children, youth, and families )) in a facility operated by or pursuant 15
to a contract with the state, or physical custody in a detention 16
facility operated by or pursuant to a contract with any county. The 17
county may operate or contract with vendors to operate county 18
detention facilities. The department may operate or contract to 19
operate detention facilities for juveniles committed to the 20
department. Pretrial confinement or confinement of less than 31 days 21
imposed as part of a disposition or modification order may be served 22
consecutively or intermittently, in the discretion of the court;23
(8) "Court," when used without further qualification, means the 24
juvenile court judge(s) or commissioner(s); 25
(9) "Criminal history" includes all criminal complaints against 26
the respondent for which, prior to the commission of a current 27
offense, the allegations were found correct by a court. If a 28
respondent is convicted of two or more charges arising out of the 29
same course of conduct, only the highest charge from among these 30
shall count as an offense for the purposes of this chapter. A 31
successfully completed deferred adjudication that was entered before 32
July 1, 1998, or a deferred disposition shall not be considered part 33
of the respondent's criminal history. A successfully completed 34
diversion under RCW 13.40.080 may not be considered part of the 35
respondent's criminal history; 36
(10) "Custodial interrogation" means express questioning or other 37
actions or words by a law enforcement officer which are reasonably 38
likely to elicit an incriminating response from an individual and 39
p. 6 HB 2108
occurs when reasonable individuals in the same circumstances would 1
consider themselves in custody; 2
(11) "Department" means the department of ((children, youth, and 3
families)) corrections; 4
(12) "Detention facility" means a county facility, paid for by 5
the county, for the physical confinement of a juvenile alleged to 6
have committed an offense or an adjudicated offender subject to a 7
disposition or modification order. "Detention facility" includes 8
county group homes, inpatient substance abuse programs, juvenile 9
basic training camps, and electronic monitoring; 10
(13) "Diversion unit" means any probation counselor who enters 11
into a diversion agreement with an alleged youthful offender, or any 12
other person, community accountability board, youth court under the 13
supervision of the juvenile court, or other entity with whom the 14
juvenile court administrator has contracted to arrange and supervise 15
such agreements pursuant to RCW 13.40.080, or any person, community 16
accountability board, or other entity specially funded by the 17
legislature to arrange and supervise diversion agreements in 18
accordance with the requirements of this chapter. For purposes of 19
this subsection, "community accountability board" means a board 20
comprised of members of the local community in which the juvenile 21
offender resides. The superior court shall appoint the members. The 22
boards shall consist of at least three and not more than seven 23
members. If possible, the board should include a variety of 24
representatives from the community, such as a law enforcement 25
officer, teacher or school administrator, high school student, 26
parent, and business owner, and should represent the cultural 27
diversity of the local community; 28
(14) "Foster care" means temporary physical care in a foster 29
family home or group care facility as defined in RCW 74.15.020 and 30
licensed by the department, or other legally authorized care;31
(15) "Institution" means a juvenile facility established pursuant 32
to chapters 72.05 and 72.16 through 72.20 RCW; 33
(16) "Intensive supervision program" means a parole program that 34
requires intensive supervision and monitoring, offers an array of 35
individualized treatment and transitional services, and emphasizes 36
community involvement and support in order to reduce the likelihood a 37
juvenile offender will commit further offenses; 38
(17) "Juvenile," "youth," and "child" mean any individual who is 39
under the chronological age of 18 years and who has not been 40
p. 7 HB 2108
previously transferred to adult court pursuant to RCW 13.40.110, 1
unless the individual was convicted of a lesser charge or acquitted 2
of the charge for which he or she was previously transferred pursuant 3
to RCW 13.40.110 or who is not otherwise under adult court 4
jurisdiction; 5
(18) "Juvenile offender" means any juvenile who has been found by 6
the juvenile court to have committed an offense, including a person 7
18 years of age or older over whom the juvenile court has 8
jurisdiction under RCW 13.40.300; 9
(19) "Labor" means the period of time before a birth during which 10
contractions are of sufficient frequency, intensity, and duration to 11
bring about effacement and progressive dilation of the cervix;12
(20) "Local sanctions" means one or more of the following: (a) 13
0-30 days of confinement; (b) 0-12 months of community supervision; 14
or (c) 0-150 hours of community restitution; 15
(21) "Manifest injustice" means a disposition that would either 16
impose an excessive penalty on the juvenile or would impose a 17
serious, and clear danger to society in light of the purposes of this 18
chapter; 19
(22) "Monitoring and reporting requirements" means one or more of 20
the following: Curfews; requirements to remain at home, school, work, 21
or court-ordered treatment programs during specified hours; 22
restrictions from leaving or entering specified geographical areas; 23
requirements to report to the probation officer as directed and to 24
remain under the probation officer's supervision; and other 25
conditions or limitations as the court may require which may not 26
include confinement; 27
(23) "Offense" means an act designated a violation or a crime if 28
committed by an adult under the law of this state, under any 29
ordinance of any city or county of this state, under any federal law, 30
or under the law of another state if the act occurred in that state;31
(24) "Physical restraint" means the use of any bodily force or 32
physical intervention to control a juvenile offender or limit a 33
juvenile offender's freedom of movement in a way that does not 34
involve a mechanical restraint. Physical restraint does not include 35
momentary periods of minimal physical restriction by direct person-36
to-person contact, without the aid of mechanical restraint, 37
accomplished with limited force and designed to: 38
(a) Prevent a juvenile offender from completing an act that would 39
result in potential bodily harm to self or others or damage property;40
p. 8 HB 2108
(b) Remove a disruptive juvenile offender who is unwilling to 1
leave the area voluntarily; or 2
(c) Guide a juvenile offender from one location to another;3
(25) "Postpartum recovery" means (a) the entire period a woman or 4
youth is in the hospital, birthing center, or clinic after giving 5
birth and (b) an additional time period, if any, a treating physician 6
determines is necessary for healing after the youth leaves the 7
hospital, birthing center, or clinic; 8
(26) "Probation bond" means a bond, posted with sufficient 9
security by a surety justified and approved by the court, to secure 10
the offender's appearance at required court proceedings and 11
compliance with court-ordered community supervision or conditions of 12
release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means 13
a deposit of cash or posting of other collateral in lieu of a bond if 14
approved by the court; 15
(27) "Respondent" means a juvenile who is alleged or proven to 16
have committed an offense; 17
(28) "Restitution" means financial reimbursement by the offender 18
to the victim, and shall be limited to easily ascertainable damages 19
for injury to or loss of property, actual expenses incurred for 20
medical treatment for physical injury to persons, lost wages 21
resulting from physical injury, and costs of the victim's counseling 22
reasonably related to the offense. Restitution shall not include 23
reimbursement for damages for mental anguish, pain and suffering, or 24
other intangible losses. Nothing in this chapter shall limit or 25
replace civil remedies or defenses available to the victim or 26
offender; 27
(29) "Restorative justice" means practices, policies, and 28
programs informed by and sensitive to the needs of crime victims that 29
are designed to encourage offenders to accept responsibility for 30
repairing the harm caused by their offense by providing safe and 31
supportive opportunities for voluntary participation and 32
communication between the victim, the offender, their families, and 33
relevant community members; 34
(30) "Restraints" means anything used to control the movement of 35
a person's body or limbs and includes: 36
(a) Physical restraint; or 37
(b) Mechanical device including but not limited to: Metal 38
handcuffs, plastic ties, ankle restraints, leather cuffs, other 39
hospital-type restraints, tasers, or batons; 40
p. 9 HB 2108
(31) "Risk assessment tool" means the statistically valid tool 1
used by the department to inform release or placement decisions 2
related to security level, release within the sentencing range, 3
community facility eligibility, community transition services 4
eligibility, and parole. The "risk assessment tool" is used by the 5
department to predict the likelihood of successful reentry and future 6
criminal behavior; 7
(32) "Screening" means a process that is designed to identify a 8
child who is at risk of having mental health, substance abuse, or co-9
occurring mental health and substance abuse disorders that warrant 10
immediate attention, intervention, or more comprehensive assessment. 11
A screening may be undertaken with or without the administration of a 12
formal instrument; 13
(33) "Secretary" means the secretary of the department;14
(34) "Services" means services, including restorative justice, 15
which provide alternatives to incarceration for those juveniles who 16
have pleaded or been adjudicated guilty of an offense or have signed 17
a diversion agreement pursuant to this chapter; 18
(35) "Sex offense" means an offense defined as a sex offense in 19
RCW 9.94A.030; 20
(36) "Sexual motivation" means that one of the purposes for which 21
the respondent committed the offense was for the purpose of the 22
respondent's sexual gratification; 23
(37) "Surety" means an entity licensed under state insurance laws 24
or by the state department of licensing, to write corporate, 25
property, or probation bonds within the state, and justified and 26
approved by the superior court of the county having jurisdiction of 27
the case; 28
(38) "Transportation" means the conveying, by any means, of an 29
incarcerated pregnant youth from the institution or detention 30
facility to another location from the moment she leaves the 31
institution or detention facility to the time of arrival at the other 32
location, and includes the escorting of the pregnant incarcerated 33
youth from the institution or detention facility to a transport 34
vehicle and from the vehicle to the other location;35
(39) "Violation" means an act or omission, which if committed by 36
an adult, must be proven beyond a reasonable doubt, and is punishable 37
by sanctions which do not include incarceration; 38
(40) "Violent offense" means a violent offense as defined in RCW 39
9.94A.030; 40
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(41) "Youth court" means a diversion unit under the supervision 1
of the juvenile court. 2
Sec. 4. RCW 13.40.050 and 1997 c 338 s 15 are each amended to 3
read as follows: 4
(1) When a juvenile taken into custody is held in detention:5
(a) An information, a community supervision modification or 6
termination of diversion petition, or a parole modification petition 7
shall be filed within seventy-two hours, Saturdays, Sundays, and 8
holidays excluded, or the juvenile shall be released; and9
(b) A detention hearing, a community supervision modification or 10
termination of diversion petition, or a parole modification petition 11
shall be held within seventy-two hours, Saturdays, Sundays, and 12
holidays excluded, from the time of filing the information or 13
petition, to determine whether continued detention is necessary under 14
RCW 13.40.040. 15
(2) Notice of the detention hearing, stating the time, place, and 16
purpose of the hearing, stating the right to counsel, and requiring 17
attendance shall be given to the parent, guardian, or custodian if 18
such person can be found and shall also be given to the juvenile if 19
over twelve years of age. 20
(3) At the commencement of the detention hearing, the court shall 21
advise the parties of their rights under this chapter and shall 22
appoint counsel as specified in this chapter. 23
(4) The court shall, based upon the allegations in the 24
information, determine whether the case is properly before it or 25
whether the case should be treated as a diversion case under RCW 26
13.40.080. If the case is not properly before the court the juvenile 27
shall be ordered released. 28
(5) Notwithstanding a determination that the case is properly 29
before the court and that probable cause exists, a juvenile shall at 30
the detention hearing be ordered released on the juvenile's personal 31
recognizance pending further hearing unless the court finds detention 32
is necessary under RCW 13.40.040. 33
(6) If detention is not necessary under RCW 13.40.040, the court 34
shall impose the most appropriate of the following conditions or, if 35
necessary, any combination of the following conditions:36
(a) Place the juvenile in the custody of a designated person 37
agreeing to supervise such juvenile; 38
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(b) Place restrictions on the travel of the juvenile during the 1
period of release; 2
(c) Require the juvenile to report regularly to and remain under 3
the supervision of the juvenile court; 4
(d) Impose any condition other than detention deemed reasonably 5
necessary to assure appearance as required; 6
(e) Require that the juvenile return to detention during 7
specified hours; or 8
(f) Require the juvenile to post a probation bond set by the 9
court under terms and conditions as provided in RCW 13.40.040(((4))) 10
(5). 11
(7) A juvenile may be released only to a responsible adult or the 12
department of children, youth, and families. 13
(8) If the parent, guardian, or custodian of the juvenile in 14
detention is available, the court shall consult with them prior to a 15
determination to further detain or release the juvenile or treat the 16
case as a diversion case under RCW 13.40.080. 17
(9) A person notified under this section who fails without 18
reasonable cause to appear and abide by the order of the court may be 19
proceeded against as for contempt of court. In determining whether a 20
parent, guardian, or custodian had reasonable cause not to appear, 21
the court may consider all factors relevant to the person's ability 22
to appear as summoned. 23
Sec. 5. RCW 13.40.087 and 2010 c 289 s 5 are each amended to 24
read as follows: 25
Within available funding, when a youth who has been diverted 26
under RCW 13.40.070 for an alleged offense of prostitution or 27
prostitution loitering is referred to the department of children, 28
youth, and families , the department of children, youth, and families 29
shall connect that youth with the services and treatment specified in 30
RCW 74.14B.060 and 74.14B.070. 31
Sec. 6. RCW 13.40.165 and 2023 c 449 s 18 are each amended to 32
read as follows: 33
(1) The purpose of this disposition alternative is to ensure that 34
successful treatment options to reduce recidivism are available to 35
eligible youth, pursuant to RCW 71.24.615. It is also the purpose of 36
the disposition alternative to assure that minors in need of 37
substance use disorder, mental health, and/or co-occurring disorder 38
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treatment receive an appropriate continuum of culturally relevant 1
care and treatment, including prevention and early intervention, 2
self-directed care, parent-directed care, and residential treatment. 3
To facilitate the continuum of care and treatment to minors in out-4
of-home placements, all divisions of the department of children, 5
youth, and families that provide these services to minors shall 6
jointly plan and deliver these services. It is also the purpose of 7
the disposition alternative to protect the rights of minors against 8
needless hospitalization and deprivations of liberty and to enable 9
treatment decisions to be made in response to clinical needs and in 10
accordance with sound professional judgment. The mental health, 11
substance abuse, and co-occurring disorder treatment providers shall, 12
to the extent possible, offer services that involve minors' parents, 13
guardians, and family. 14
(2) The court must consider eligibility for the substance use 15
disorder or mental health disposition alternative when a juvenile 16
offender is subject to a standard range disposition of local 17
sanctions or 15 to 36 weeks of confinement and has not committed an 18
A- or B+ offense, other than a first time B+ offense under chapter 19
69.50 RCW. The court, on its own motion or the motion of the state or 20
the respondent if the evidence shows that the offender may be 21
chemically dependent, substance abusing, or has significant mental 22
health or co-occurring disorders may order an examination by a 23
substance use disorder counselor from a substance use disorder 24
treatment facility approved under chapter 70.96A RCW or a mental 25
health professional as defined in chapter 71.34 RCW to determine if 26
the youth is chemically dependent, substance abusing, or suffers from 27
significant mental health or co-occurring disorders. The state shall 28
pay the cost of any examination ordered under this subsection unless 29
third-party insurance coverage is available. 30
(3) The report of the examination shall include at a minimum the 31
following: The respondent's version of the facts and the official 32
version of the facts, the respondent's offense history, an assessment 33
of drug-alcohol problems, mental health diagnoses, previous treatment 34
attempts, the respondent's social, educational, and employment 35
situation, and other evaluation measures used. The report shall set 36
forth the sources of the examiner's information. 37
(4) The examiner shall assess and report regarding the 38
respondent's relative risk to the community. A proposed treatment 39
plan shall be provided and shall include, at a minimum:40
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(a) Whether inpatient and/or outpatient treatment is recommended;1
(b) Availability of appropriate treatment; 2
(c) Monitoring plans, including any requirements regarding living 3
conditions, lifestyle requirements, and monitoring by family members, 4
legal guardians, or others; 5
(d) Anticipated length of treatment; and 6
(e) Recommended crime-related prohibitions. 7
(5) The court on its own motion may order, or on a motion by the 8
state or the respondent shall order, a second examination. The 9
evaluator shall be selected by the party making the motion. The 10
requesting party shall pay the cost of any examination ordered under 11
this subsection unless the requesting party is the offender, in which 12
case the state shall pay the cost if no third-party insurance 13
coverage is available. 14
(6)(a) After receipt of reports of the examination, the court 15
shall then consider whether the offender and the community will 16
benefit from use of this disposition alternative and consider the 17
victim's opinion whether the offender should receive a treatment 18
disposition under this section. 19
(b) If the court determines that this disposition alternative is 20
appropriate, then the court shall impose the standard range for the 21
offense, or if the court concludes, and enters reasons for its 22
conclusion, that such disposition would effectuate a manifest 23
injustice, the court shall impose a disposition above the standard 24
range as indicated in option D of RCW 13.40.0357 if the disposition 25
is an increase from the standard range and the confinement of the 26
offender does not exceed a maximum of 52 weeks, suspend execution of 27
the disposition, and place the offender on community supervision for 28
up to one year. As a condition of the suspended disposition, the 29
court shall require the offender to undergo available outpatient 30
drug/alcohol, mental health, or co-occurring disorder treatment 31
and/or inpatient mental health or drug/alcohol treatment. The court 32
shall only order inpatient treatment under this section if a funded 33
bed is available. If the inpatient treatment is longer than 90 days, 34
the court shall hold a review hearing every 30 days beyond the 35
initial 90 days. The respondent may appear telephonically at these 36
review hearings if in compliance with treatment. As a condition of 37
the suspended disposition, the court may impose conditions of 38
community supervision and other sanctions, including up to 30 days of 39
p. 14 HB 2108
confinement, 150 hours of community restitution, and payment of 1
restitution. 2
(7) The mental health/co-occurring disorder/drug/alcohol 3
treatment provider shall submit monthly reports on the respondent's 4
progress in treatment to the court and the parties. The reports shall 5
reference the treatment plan and include at a minimum the following: 6
Dates of attendance, respondent's compliance with requirements, 7
treatment activities, the respondent's relative progress in 8
treatment, and any other material specified by the court at the time 9
of the disposition. 10
At the time of the disposition, the court may set treatment 11
review hearings as the court considers appropriate.12
If the offender violates any condition of the disposition or the 13
court finds that the respondent is failing to make satisfactory 14
progress in treatment, the court may impose sanctions pursuant to RCW 15
13.40.200 or revoke the suspension and order execution of the 16
disposition. The court shall give credit for any confinement time 17
previously served if that confinement was for the offense for which 18
the suspension is being revoked. 19
(8) For purposes of this section, "victim" means any person who 20
has sustained emotional, psychological, physical, or financial injury 21
to person or property as a direct result of the offense charged. 22
"Victim" may also include a known parent or guardian of a victim who 23
is a minor child or is not a minor child but is incapacitated, 24
incompetent, disabled, or deceased. 25
(9) Whenever a juvenile offender is entitled to credit for time 26
spent in detention prior to a dispositional order, the dispositional 27
order shall specifically state the number of days of credit for time 28
served. 29
(10) In no case shall the term of confinement imposed by the 30
court at disposition exceed that to which an adult could be subjected 31
for the same offense. 32
(11) A disposition under this section is not appealable under RCW 33
13.40.230. 34
(12) Subject to funds appropriated for this specific purpose, the 35
costs incurred by the juvenile courts for the mental health, 36
substance use disorder, and/or co-occurring disorder evaluations, 37
treatment, and costs of supervision required under this section shall 38
be paid by the health care authority. 39
p. 15 HB 2108
(13) A juvenile, or the parent, guardian, or other person having 1
custody of the juvenile shall not be required to pay the cost of any 2
evaluation or treatment ordered under this section.3
Sec. 7. RCW 13.40.205 and 2021 c 206 s 4 are each amended to 4
read as follows: 5
(1) A juvenile sentenced to a term of confinement to be served 6
under the supervision of the department shall not be released from 7
the physical custody of the department prior to the release date 8
established under RCW 13.40.210 except as otherwise provided in this 9
section. 10
(2) A juvenile serving a term of confinement under the 11
supervision of the department may be released on authorized leave 12
from the physical custody of the department only if consistent with 13
public safety and if: 14
(a) Sixty percent of the minimum term of confinement has been 15
served; and 16
(b) The purpose of the leave is to enable the juvenile:17
(i) To visit the juvenile's family for the purpose of 18
strengthening or preserving family relationships; 19
(ii) To make plans for parole or release which require the 20
juvenile's personal appearance in the community and which will 21
facilitate the juvenile's reintegration into the community; or22
(iii) To make plans for a residential placement out of the 23
juvenile's home which requires the juvenile's personal appearance in 24
the community. 25
(3) No authorized leave may exceed seven consecutive days. The 26
total of all preminimum term authorized leaves granted to a juvenile 27
prior to final discharge from confinement shall not exceed thirty 28
days. 29
(4) Prior to authorizing a leave, the secretary shall require a 30
written leave plan, which shall detail the purpose of the leave and 31
how it is to be achieved, the address at which the juvenile shall 32
reside, the identity of the person responsible for supervising the 33
juvenile during the leave, and a statement by such person 34
acknowledging familiarity with the leave plan and agreeing to 35
supervise the juvenile and to notify the secretary immediately if the 36
juvenile violates any terms or conditions of the leave. The leave 37
plan shall include such terms and conditions as the secretary deems 38
appropriate and shall be signed by the juvenile. 39
p. 16 HB 2108
(5) Upon authorizing a leave, the secretary shall issue to the 1
juvenile an authorized leave order which shall contain the name of 2
the juvenile, the fact that the juvenile is on leave from a 3
designated facility, the time period of the leave, and the identity 4
of an appropriate official of the department to contact when 5
necessary. The authorized leave order shall be carried by the 6
juvenile at all times while on leave. 7
(6) Prior to the commencement of any authorized leave, the 8
secretary shall give notice of the leave to the appropriate law 9
enforcement agency in the jurisdiction in which the juvenile will 10
reside during the leave period. The notice shall include the identity 11
of the juvenile, the time period of the leave, the residence of the 12
juvenile during the leave, and the identity of the person responsible 13
for supervising the juvenile during the leave. 14
(7) The secretary may authorize a leave, which shall not exceed 15
forty-eight hours plus travel time, to meet an emergency situation 16
such as a death or critical illness of a member of the juvenile's 17
family. The secretary may authorize a leave, which shall not exceed 18
the period of time medically necessary, to obtain medical care not 19
available in a juvenile facility maintained by the department. In 20
cases of emergency or medical leave the secretary may waive all or 21
any portions of subsections (2)(a), (3), (4), (5), and (6) of this 22
section. 23
(8) If requested by the juvenile's victim or the victim's 24
immediate family, the secretary shall give notice of any leave or 25
community transition services under subsection (13) of this section 26
to the victim or the victim's immediate family. 27
(9) A juvenile who violates any condition of an authorized leave 28
plan or community transition services under subsection (13) of this 29
section may be taken into custody and returned to the department in 30
the same manner as an adult in identical circumstances.31
(10) Community transition services is an electronic monitoring 32
program as that term is used in RCW 9A.76.130. 33
(11) Notwithstanding the provisions of this section, a juvenile 34
placed in minimum security status or in community transition services 35
under subsection (13) of this section may participate in work, 36
educational, community restitution, or treatment programs in the 37
community up to twelve hours a day if approved by the secretary. Such 38
a release shall not be deemed a leave of absence. This authorization 39
may be increased to more than twelve hours a day up to sixteen hours 40
p. 17 HB 2108
a day if approved by the secretary and operated within the 1
department's appropriations. 2
(12) Subsections (6), (7), and (8) of this section do not apply 3
to juveniles covered by RCW 13.40.215. 4
(13)(a) The department may require a person in its custody to 5
serve the remainder of the person's sentence in community transition 6
services if the department determines that such placement is in the 7
best interest of the person and the community using the risk 8
assessment tool and considering the availability of appropriate 9
placements, treatment, and programming. The department's 10
determination described under this subsection must include 11
consideration of the person's behavior while in confinement and any 12
disciplinary considerations. The department shall establish 13
appropriate conditions the person must comply with to remain in 14
community transition services. A person must have served 60 percent 15
of their minimum term of confinement and no less than 15 weeks of 16
total confinement including time spent in detention prior to 17
sentencing or the entry of a dispositional order before becoming 18
eligible for community transition services under the authority and 19
supervision of the department. 20
(b) A person placed in community transition services under this 21
section must have access to appropriate treatment and programming as 22
determined by the department, including but not limited to:23
(i) Behavioral health treatment; 24
(ii) Independent living; 25
(iii) Employment; 26
(iv) Education; 27
(v) Connections to family and natural supports; and28
(vi) Community connections. 29
(c) Community transition services under this section is in lieu 30
of confinement in an institution or community facility operated by 31
the department, and will not fulfill any period of parole required 32
under RCW 13.40.210. 33
(d) If a person placed in community transition services under 34
this section violates a condition of participation in the community 35
transition services program, or if the department determines that 36
placement in the program is no longer in the best interests of the 37
person or community, the person may be returned to an institution 38
operated by the department at the department's discretion.39
p. 18 HB 2108
(e) The following persons are not eligible for community 1
transition services under this section: 2
(i) Persons with pending charges or warrants; 3
(ii) Persons who will be transferred to ((the)) a department of 4
corrections adult correctional facility , who are in the custody of 5
the department of corrections and placed in an adult correctional 6
facility, or who are under the supervision of the department of 7
corrections after placement in an adult correctional facility;8
(iii) Persons who were adjudicated or convicted of the crime of 9
murder in the first or second degree; 10
(iv) Persons who meet the definition of a "persistent offender" 11
as defined under RCW 9.94A.030; 12
(v) Level III sex offenders; and 13
(vi) Persons requiring out-of-state placement.14
(14) The department shall design, or contract for the design, and 15
implement a risk assessment tool. The tool must be designed to limit 16
bias related to race, ethnicity, gender, and age. The risk assessment 17
tool must be certified at least every three years based on current 18
academic standards for assessment validation, and can be certified by 19
the office of innovation, alignment, and accountability or an outside 20
researcher. 21
Sec. 8. RCW 13.40.210 and 2024 c 297 s 16 are each amended to 22
read as follows: 23
(1) The secretary shall set a release date for each juvenile 24
committed to its custody. The release date shall be within the 25
prescribed range to which a juvenile has been committed under RCW 26
13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 27
concerning offenders the department determines are eligible for the 28
juvenile offender basic training camp program. Such dates shall be 29
determined prior to the expiration of sixty percent of a juvenile's 30
minimum term of confinement included within the prescribed range to 31
which the juvenile has been committed. The secretary shall release 32
any juvenile committed to the custody of the department within four 33
calendar days prior to the juvenile's release date or on the release 34
date set under this chapter. Days spent in the custody of the 35
department shall be tolled by any period of time during which a 36
juvenile has absented himself or herself from the department's 37
supervision without the prior approval of the secretary or the 38
secretary's designee. 39
p. 19 HB 2108
(2) The secretary shall monitor the average daily population of 1
the state's juvenile residential facilities. When the secretary 2
concludes that in-residence population of residential facilities 3
exceeds one hundred five percent of the rated bed capacity specified 4
in statute, or in absence of such specification, as specified by the 5
department in rule, the secretary may recommend reductions to the 6
governor. On certification by the governor that the recommended 7
reductions are necessary, the secretary has authority to 8
administratively release a sufficient number of offenders to reduce 9
in-residence population to one hundred percent of rated bed capacity. 10
The secretary shall release those offenders who have served the 11
greatest proportion of their sentence. However, the secretary may 12
deny release in a particular case at the request of an offender, or 13
if the secretary finds that there is no responsible custodian, as 14
determined by the department, to whom to release the offender, or if 15
the release of the offender would pose a clear danger to society. The 16
department shall notify the committing court of the release at the 17
time of release if any such early releases have occurred as a result 18
of excessive in-residence population. In no event shall an offender 19
adjudicated of a violent offense be granted release under the 20
provisions of this subsection. 21
(3)(a) Following the release of any juvenile under subsection (1) 22
of this section, the secretary may require the juvenile to comply 23
with a program of parole to be administered by the department in his 24
or her community which shall last no longer than eighteen months, 25
except that in the case of a juvenile sentenced for a sex offense as 26
defined under RCW 9.94A.030 the period of parole shall be twenty-four 27
months and, in the discretion of the secretary, may be up to thirty-28
six months when the secretary finds that an additional period of 29
parole is necessary and appropriate in the interests of public safety 30
or to meet the ongoing needs of the juvenile. A parole program is 31
mandatory for offenders released under subsection (2) of this section 32
and for offenders who receive a juvenile residential commitment 33
sentence for theft of a motor vehicle, possession of a stolen motor 34
vehicle, or taking a motor vehicle without permission 1. A juvenile 35
adjudicated for unlawful possession of a firearm, possession of a 36
stolen firearm, theft of a firearm, or drive-by shooting may 37
participate in aggression replacement training, functional family 38
therapy, or functional family parole aftercare if the juvenile meets 39
eligibility requirements for these services. The decision to place an 40
p. 20 HB 2108
offender in an evidence-based parole program shall be based on an 1
assessment by the department of the offender's risk for reoffending 2
upon release and an assessment of the ongoing treatment needs of the 3
juvenile. The department shall prioritize available parole resources 4
to provide supervision and services to offenders at moderate to high 5
risk for reoffending. 6
(b) The secretary shall, for the period of parole, facilitate the 7
juvenile's reintegration into his or her community and to further 8
this goal shall require the juvenile to refrain from possessing a 9
firearm or using a deadly weapon, and refrain from committing new 10
offenses or violating any orders issued by the juvenile court 11
pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) 12
Undergo available medical, psychiatric, drug and alcohol, sex 13
offender, mental health, and other offense-related treatment 14
services; (ii) report as directed to a parole officer and/or 15
designee; (iii) pursue a course of study, vocational training, or 16
employment; (iv) notify the parole officer of the current address 17
where he or she resides; (v) be present at a particular address 18
during specified hours; (vi) remain within prescribed geographical 19
boundaries; (vii) submit to electronic monitoring; (viii) refrain 20
from using illegal drugs and alcohol, and submit to random urinalysis 21
when requested by the assigned parole officer; (ix) refrain from 22
contact with specific individuals or a specified class of 23
individuals; (x) meet other conditions determined by the parole 24
officer to further enhance the juvenile's reintegration into the 25
community; (xi) pay any court-ordered fines or restitution; and (xii) 26
perform community restitution. Community restitution for the purpose 27
of this section means compulsory service, without compensation, 28
performed for the benefit of the community by the offender. Community 29
restitution may be performed through public or private organizations 30
or through work crews. 31
(c) The secretary may further require up to twenty-five percent 32
of the highest risk juvenile offenders who are placed on parole to 33
participate in an intensive supervision program. Offenders 34
participating in an intensive supervision program shall be required 35
to comply with all terms and conditions listed in (b) of this 36
subsection and shall also be required to comply with the following 37
additional terms and conditions: (i) Obey all laws and refrain from 38
any conduct that threatens public safety; (ii) report at least once a 39
week to an assigned community case manager; and (iii) meet all other 40
p. 21 HB 2108
requirements imposed by the community case manager related to 1
participating in the intensive supervision program. As a part of the 2
intensive supervision program, the secretary may require day 3
reporting. 4
(d) After termination of the parole period, the juvenile shall be 5
discharged from the department's supervision. 6
(4)(a) The department may also modify parole for violation 7
thereof. If, after affording a juvenile all of the due process rights 8
to which he or she would be entitled if the juvenile were an adult, 9
the secretary finds that a juvenile has violated a condition of his 10
or her parole, the secretary shall order one of the following which 11
is reasonably likely to effectuate the purpose of the parole and to 12
protect the public: (i) Continued supervision under the same 13
conditions previously imposed; (ii) intensified supervision with 14
increased reporting requirements; (iii) additional conditions of 15
supervision authorized by this chapter; (iv) except as provided in 16
(a)(v) and (vi) of this subsection, imposition of a period of 17
confinement not to exceed thirty days in a facility operated by or 18
pursuant to a contract with the state of Washington or any city or 19
county for a portion of each day or for a certain number of days each 20
week with the balance of the days or weeks spent under supervision; 21
(v) the secretary may order any of the conditions or may return the 22
offender to confinement for the remainder of the sentence range if 23
the offense for which the offender was sentenced is rape in the first 24
or second degree, rape of a child in the first or second degree, 25
child molestation in the first degree, indecent liberties with 26
forcible compulsion, or a sex offense that is also a serious violent 27
offense as defined by RCW 9.94A.030; and (vi) the secretary may order 28
any of the conditions or may return the offender to confinement for 29
the remainder of the sentence range if the youth has completed the 30
basic training camp program as described in RCW 13.40.320.31
(b) The secretary may modify parole and order any of the 32
conditions or may return the offender to confinement for up to 33
twenty-four weeks if the offender was sentenced for a sex offense as 34
defined under RCW 9A.44.128 and is known to have violated the terms 35
of parole. Confinement beyond thirty days is intended to only be used 36
for a small and limited number of sex offenders. It shall only be 37
used when other graduated sanctions or interventions have not been 38
effective or the behavior is so egregious it warrants the use of the 39
higher level intervention and the violation: (i) Is a known pattern 40
p. 22 HB 2108
of behavior consistent with a previous sex offense that puts the 1
youth at high risk for reoffending sexually; (ii) consists of sexual 2
behavior that is determined to be predatory as defined in RCW 3
71.09.020; or (iii) requires a review under chapter 71.09 RCW, due to 4
a recent overt act. The total number of days of confinement for 5
violations of parole conditions during the parole period shall not 6
exceed the number of days provided by the maximum sentence imposed by 7
the disposition for the underlying offense pursuant to RCW 8
13.40.0357. The department shall not aggregate multiple parole 9
violations that occur prior to the parole revocation hearing and 10
impose consecutive twenty-four week periods of confinement for each 11
parole violation. The department is authorized to engage in rule 12
making pursuant to chapter 34.05 RCW, to implement this subsection, 13
including narrowly defining the behaviors that could lead to this 14
higher level intervention. 15
(c) If the department finds that any juvenile in a program of 16
parole has possessed a firearm or used a deadly weapon during the 17
program of parole, the department shall modify the parole under (a) 18
of this subsection and confine the juvenile for at least thirty days. 19
Confinement shall be in a facility operated by or pursuant to a 20
contract with the state or any county. 21
(5) A parole officer of the department ((of children, youth, and 22
families)) shall have the power to arrest a juvenile under his or her 23
supervision on the same grounds as a law enforcement officer would be 24
authorized to arrest the person. 25
(6) If so requested and approved under chapter 13.06 RCW, the 26
secretary shall permit a county or group of counties to perform 27
functions under subsections (3) through (5) of this section.28
Sec. 9. RCW 13.40.280 and 2017 3rd sp.s. c 6 s 611 are each 29
amended to read as follows: 30
(1) The secretary of the department ((of children, youth, and 31
families, with the consent of the secretary of the department of 32
corrections,)) has the authority to transfer a juvenile presently or 33
hereafter committed to a juvenile rehabilitation institution of the 34
department ((of children, youth, and families )) to ((the)) a 35
department of corrections adult correctional facility for appropriate 36
institutional placement in accordance with this section.37
(2) The secretary of the department ((of children, youth, and 38
families may, with the consent of the secretary of the department of 39
p. 23 HB 2108
corrections,)) may transfer a juvenile offender to ((the)) a 1
department of corrections adult correctional facility if it is 2
established at a hearing before a review board that continued 3
placement of the juvenile offender in an institution for juvenile 4
offenders presents a continuing and serious threat to the safety of 5
others in the institution. The department ((of children, youth, and 6
families)) shall establish rules for the conduct of the hearing, 7
including provision of counsel for the juvenile offender.8
(3) Assaults made against any staff member at a juvenile 9
corrections institution that are reported to a local law enforcement 10
agency shall require a hearing held by the department ((of children, 11
youth, and families)) review board within ((ten)) 10 judicial working 12
days. The board shall determine whether the accused juvenile offender 13
represents a continuing and serious threat to the safety of others in 14
the institution. 15
(4) Upon conviction in a court of law for custodial assault as 16
defined in RCW 9A.36.100, the department ((of children, youth, and 17
families)) review board shall conduct a second hearing, within five 18
judicial working days, to recommend to the secretary of the 19
department ((of children, youth, and families )) that the convicted 20
juvenile be transferred to an adult correctional facility if the 21
review board has determined the juvenile offender represents a 22
continuing and serious threat to the safety of others in the 23
institution. 24
The juvenile has the burden to show cause why the transfer to an 25
adult correctional facility should not occur. 26
(5) A juvenile offender transferred to an ((institution operated 27
by the department of corrections )) adult correctional facility shall 28
not remain in such an institution beyond the maximum term of 29
confinement imposed by the juvenile court. 30
(6) A juvenile offender who has been transferred to ((the 31
department of corrections)) an adult correctional facility under this 32
section may, in the discretion of the secretary of the department 33
((of children, youth, and families and with the consent of the 34
secretary of the department of corrections )), be transferred from an 35
adult correctional institution ((operated by the department of 36
corrections)) to a facility for juvenile offenders deemed appropriate 37
by the secretary. 38
p. 24 HB 2108
Sec. 10. RCW 13.40.285 and 2017 3rd sp.s. c 6 s 612 are each 1
amended to read as follows: 2
A juvenile offender ordered to serve a term of confinement ((with 3
the department of children, youth, and families )) in a facility for 4
juvenile offenders who is subsequently sentenced to an adult 5
correctional institution of the department ((of corrections )) may, 6
with the consent of the department ((of corrections)), be transferred 7
((by the secretary of children, youth, and families )) to ((the 8
department of corrections )) an adult correctional institution to 9
serve the balance of the term of confinement ordered by the juvenile 10
court. The juvenile and adult sentences shall be served 11
consecutively. In no case shall the secretary credit time served as a 12
result of an adult conviction against the term of confinement ordered 13
by the juvenile court. 14
Sec. 11. RCW 13.40.730 and 2021 c 206 s 7 are each amended to 15
read as follows: 16
The department ((of children, youth, and families )) shall adopt 17
rules, policies, and procedures as may be needed to implement a 18
community transition services program required by chapter 206, Laws 19
of 2021, to include the following: 20
(1) Identification and regular monitoring of metrics of quality 21
implementation for the community transition program, and regularly 22
publishing outcome analyses for program participants; and23
(2) Allowing for the use of new electronic home monitoring 24
equipment and technologies as they become available that eliminate or 25
minimize trauma, social stigma, and racial injustice, and imposing 26
penalties for the knowing or intentional tampering, damaging, or 27
destruction of equipment that renders it not fully functional.28
Sec. 12. RCW 74.14A.030 and 2017 3rd sp.s. c 6 s 625 are each 29
amended to read as follows: 30
The department of ((children, youth, and families )) corrections 31
shall address the needs of juvenile offenders whose standard range 32
sentences do not include commitment by developing nonresidential 33
community-based programs designed to reduce the incidence of manifest 34
injustice commitments when consistent with public safety.35
Sec. 13. RCW 74.14A.040 and 2017 3rd sp.s. c 6 s 626 are each 36
amended to read as follows: 37
p. 25 HB 2108
The department of ((children, youth, and families )) corrections 1
shall involve a juvenile offender's family as a unit in the treatment 2
process. The department of corrections need not involve the family as 3
a unit in cases when family ties have by necessity been irrevocably 4
broken. When the natural parents have been or will be replaced by a 5
foster family or guardian, the new family will be involved in the 6
treatment process. 7
Sec. 14. RCW 72.01.045 and 2017 3rd sp.s. c 6 s 627 are each 8
amended to read as follows: 9
(1) For purposes of this section only, "assault" means an 10
unauthorized touching of an employee by a resident, patient, or 11
juvenile offender resulting in physical injury to the employee.12
(2) In recognition of the hazardous nature of employment in state 13
institutions, the legislature hereby provides a supplementary program 14
to reimburse employees of the department of social and health 15
services, the department of natural resources, the department of 16
((children, youth, and families )) corrections, and the department of 17
veterans affairs for some of their costs attributable to their being 18
the victims of assault by residents, patients, or juvenile offenders. 19
This program shall be limited to the reimbursement provided in this 20
section. 21
(3) An employee is only entitled to receive the reimbursement 22
provided in this section if the secretary of social and health 23
services, the commissioner of public lands, the secretary of the 24
department of ((children, youth, and families )) corrections, or the 25
director of the department of veterans affairs, or the secretary's, 26
commissioner's, or director's designee, finds that each of the 27
following has occurred: 28
(a) A resident or patient has assaulted the employee and as a 29
result thereof the employee has sustained demonstrated physical 30
injuries which have required the employee to miss days of work;31
(b) The assault cannot be attributable to any extent to the 32
employee's negligence, misconduct, or failure to comply with any 33
rules or conditions of employment; and 34
(c) The department of labor and industries has approved the 35
employee's workers' compensation application pursuant to chapter 36
51.32 RCW. 37
(4) The reimbursement authorized under this section shall be as 38
follows: 39
p. 26 HB 2108
(a) The employee's accumulated sick leave days shall not be 1
reduced for the workdays missed; 2
(b) For each workday missed for which the employee is not 3
eligible to receive compensation under chapter 51.32 RCW, the 4
employee shall receive full pay; and 5
(c) In respect to workdays missed for which the employee will 6
receive or has received compensation under chapter 51.32 RCW, the 7
employee shall be reimbursed in an amount which, when added to that 8
compensation, will result in the employee receiving full pay for the 9
workdays missed. 10
(5) Reimbursement under this section may not last longer than 11
((three hundred sixty-five )) 365 consecutive days after the date of 12
the injury. 13
(6) The employee shall not be entitled to the reimbursement 14
provided in subsection (4) of this section for any workday for which 15
the secretary, commissioner, director, or applicable designee, finds 16
that the employee has not diligently pursued his or her compensation 17
remedies under chapter 51.32 RCW. 18
(7) The reimbursement shall only be made for absences which the 19
secretary, commissioner, director, or applicable designee believes 20
are justified. 21
(8) While the employee is receiving reimbursement under this 22
section, he or she shall continue to be classified as a state 23
employee and the reimbursement amount shall be considered as salary 24
or wages. 25
(9) All reimbursement payments required to be made to employees 26
under this section shall be made by the employing department. The 27
payments shall be considered as a salary or wage expense and shall be 28
paid by the department in the same manner and from the same 29
appropriations as other salary and wage expenses of the department.30
(10) Should the legislature revoke the reimbursement authorized 31
under this section or repeal this section, no affected employee is 32
entitled thereafter to receive the reimbursement as a matter of 33
contractual right. 34
Sec. 15. RCW 72.01.050 and 2017 3rd sp.s. c 6 s 628 are each 35
amended to read as follows: 36
(1) The secretary of social and health services shall have full 37
power to manage and govern the following public institutions: The 38
western state hospital, the eastern state hospital, the northern 39
p. 27 HB 2108
state hospital, Lakeland Village, the Rainier school, and such other 1
institutions as authorized by law, subject only to the limitations 2
contained in laws relating to the management of such institutions.3
(2) The secretary of corrections shall have full power to manage, 4
govern, and name all state correctional facilities, subject only to 5
the limitations contained in laws relating to the management of such 6
institutions. 7
(3) If any state correctional facility is fully or partially 8
destroyed by natural causes or otherwise, the secretary of 9
corrections may, with the approval of the governor, provide for the 10
establishment and operation of additional residential correctional 11
facilities to place those inmates displaced by such destruction. 12
However, such additional facilities may not be established if there 13
are existing residential correctional facilities to which all of the 14
displaced inmates can be appropriately placed. The establishment and 15
operation of any additional facility shall be on a temporary basis, 16
and the facility may not be operated beyond July 1 of the year 17
following the year in which it was partially or fully destroyed.18
(4) The secretary of the department of ((children, youth, and 19
families)) corrections shall have full power to manage and govern 20
Echo Glen, the Green Hill school, and such other institutions as 21
authorized by law, subject only to the limitations contained in laws 22
relating to the management of such institutions. 23
Sec. 16. RCW 13.16.100 and 2017 3rd sp.s. c 6 s 629 are each 24
amended to read as follows: 25
Motion pictures unrated after November 1968 or rated R, X, or 26
NC-17 by the motion picture association of America shall not be shown 27
in juvenile detention facilities or facilities operated by the 28
department of ((children, youth, and families)) corrections.29
Sec. 17. RCW 28A.225.010 and 2017 3rd sp.s. c 6 s 630 are each 30
amended to read as follows: 31
(1) All parents in this state of any child eight years of age and 32
under eighteen years of age shall cause such child to attend the 33
public school of the district in which the child resides and such 34
child shall have the responsibility to and therefore shall attend for 35
the full time when such school may be in session unless:36
p. 28 HB 2108
(a) The child is attending an approved private school for the 1
same time or is enrolled in an extension program as provided in RCW 2
28A.195.010(4); 3
(b) The child is receiving home-based instruction as provided in 4
subsection (4) of this section; 5
(c) The child is attending an education center as provided in 6
chapter 28A.205 RCW; 7
(d) The school district superintendent of the district in which 8
the child resides shall have excused such child from attendance 9
because the child is physically or mentally unable to attend school, 10
is attending a residential school operated by the department of 11
social and health services or the department of ((children, youth, 12
and families)) corrections, is incarcerated in an adult correctional 13
facility, or has been temporarily excused upon the request of his or 14
her parents for purposes agreed upon by the school authorities and 15
the parent: PROVIDED, That such excused absences shall not be 16
permitted if deemed to cause a serious adverse effect upon the 17
student's educational progress: PROVIDED FURTHER, That students 18
excused for such temporary absences may be claimed as full-time 19
equivalent students to the extent they would otherwise have been so 20
claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall 21
not affect school district compliance with the provisions of RCW 22
28A.150.220; 23
(e) The child is excused from school subject to approval by the 24
student's parent for a reason of faith or conscience, or an organized 25
activity conducted under the auspices of a religious denomination, 26
church, or religious organization, for up to two days per school year 27
without any penalty. Such absences may not mandate school closures. 28
Students excused for such temporary absences may be claimed as full-29
time equivalent students to the extent they would otherwise have been 30
so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and 31
may not affect school district compliance with the provisions of RCW 32
28A.150.220; or 33
(f) The child is sixteen years of age or older and:34
(i) The child is regularly and lawfully employed and either the 35
parent agrees that the child should not be required to attend school 36
or the child is emancipated in accordance with chapter 13.64 RCW;37
(ii) The child has already met graduation requirements in 38
accordance with state board of education rules and regulations; or39
p. 29 HB 2108
(iii) The child has received a certificate of educational 1
competence under rules and regulations established by the state board 2
of education under RCW 28A.305.190. 3
(2) A parent for the purpose of this chapter means a parent, 4
guardian, or person having legal custody of a child.5
(3) An approved private school for the purposes of this chapter 6
and chapter 28A.200 RCW shall be one approved under regulations 7
established by the state board of education pursuant to RCW 8
28A.305.130. 9
(4) For the purposes of this chapter and chapter 28A.200 RCW, 10
instruction shall be home-based if it consists of planned and 11
supervised instructional and related educational activities, 12
including a curriculum and instruction in the basic skills of 13
occupational education, science, mathematics, language, social 14
studies, history, health, reading, writing, spelling, and the 15
development of an appreciation of art and music, provided for a 16
number of hours equivalent to the total annual program hours per 17
grade level established for approved private schools under RCW 18
28A.195.010 and 28A.195.040 and if such activities are:19
(a) Provided by a parent who is instructing his or her child only 20
and are supervised by a certificated person. A certificated person 21
for purposes of this chapter and chapter 28A.200 RCW shall be a 22
person certified under chapter 28A.410 RCW. For purposes of this 23
section, "supervised by a certificated person" means: The planning by 24
the certificated person and the parent of objectives consistent with 25
this subsection; a minimum each month of an average of one contact 26
hour per week with the child being supervised by the certificated 27
person; and evaluation of such child's progress by the certificated 28
person. The number of children supervised by the certificated person 29
shall not exceed thirty for purposes of this subsection; or30
(b) Provided by a parent who is instructing his or her child only 31
and who has either earned forty-five college-level quarter credit 32
hours or its equivalent in semester hours or has completed a course 33
in home-based instruction at a postsecondary institution or a 34
vocational-technical institute; or 35
(c) Provided by a parent who is deemed sufficiently qualified to 36
provide home-based instruction by the superintendent of the local 37
school district in which the child resides. 38
(5) The legislature recognizes that home-based instruction is 39
less structured and more experiential than the instruction normally 40
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provided in a classroom setting. Therefore, the provisions of 1
subsection (4) of this section relating to the nature and quantity of 2
instructional and related educational activities shall be liberally 3
construed. 4
Sec. 18. RCW 72.05.010 and 2020 c 274 s 54 are each amended to 5
read as follows: 6
(1) The purposes of ((RCW 72.05.010)) this section and RCW 7
72.05.020 through 72.05.210 are: To provide for every child with 8
behavior problems, persons with disabilities, and hearing and 9
visually impaired children, within the purview of ((RCW 72.05.010)) 10
this section and RCW 72.05.020 through 72.05.210, as now or hereafter 11
amended, such care, guidance and instruction, control and treatment 12
as will best serve the welfare of the child or person and society; to 13
insure nonpolitical and qualified operation, supervision, management, 14
and control of the Green Hill school, the Naselle Youth Camp, Echo 15
Glen, Lakeland Village, Rainier school, the Yakima Valley school, 16
Fircrest school, the Child Study and Treatment Center and Secondary 17
School of western state hospital, and like residential state schools, 18
camps, and centers hereafter established; and to provide for the 19
persons committed or admitted to those schools that type of care, 20
instruction, and treatment most likely to accomplish their 21
rehabilitation and restoration to normal citizenship.22
(2) To further such purposes, Green Hill School, Echo Glen, 23
Naselle Youth Camp, and such other juvenile rehabilitation 24
facilities, as may hereafter be established, are placed under the 25
department of ((children, youth, and families )) corrections; Lakeland 26
Village, Rainier school, the Yakima Valley school, Fircrest school, 27
the Child Study and Treatment Center and Secondary School of western 28
state hospital, and like residential state schools, camps, and 29
centers, hereafter established, are placed under the department of 30
social and health services. 31
Sec. 19. RCW 72.05.020 and 2017 3rd sp.s. c 6 s 702 are each 32
amended to read as follows: 33
As used in this chapter, unless the context requires otherwise:34
(1) "Community facility" means a group care facility operated for 35
the care of juveniles committed to the department under RCW 36
13.40.185. A county detention facility that houses juveniles 37
p. 31 HB 2108
committed to the department under RCW 13.40.185 pursuant to a 1
contract with the department is not a community facility.2
(2) "Department" means the department of ((children, youth, and 3
families)) corrections. 4
(3) "Juvenile" means a person under the age of twenty-one who has 5
been sentenced to a term of confinement under the supervision of the 6
department under RCW 13.40.185. 7
(4) "Labor" means the period of time before a birth during which 8
contractions are of sufficient frequency, intensity, and duration to 9
bring about effacement and progressive dilation of the cervix.10
(5) "Physical restraint" means the use of any bodily force or 11
physical intervention to control an offender or limit a juvenile 12
offender's freedom of movement in a way that does not involve a 13
mechanical restraint. Physical restraint does not include momentary 14
periods of minimal physical restriction by direct person-to-person 15
contact, without the aid of mechanical restraint, accomplished with 16
limited force and designed to: 17
(a) Prevent a juvenile offender from completing an act that would 18
result in potential bodily harm to self or others or damage property;19
(b) Remove a disruptive juvenile offender who is unwilling to 20
leave the area voluntarily; or 21
(c) Guide a juvenile offender from one location to another.22
(6) "Postpartum recovery" means (a) the entire period a youth is 23
in the hospital, birthing center, or clinic after giving birth and 24
(b) an additional time period, if any, a treating physician 25
determines is necessary for healing after the youth leaves the 26
hospital, birthing center, or clinic. 27
(7) "Restraints" means anything used to control the movement of a 28
person's body or limbs and includes: 29
(a) Physical restraint; or 30
(b) Mechanical device including but not limited to: Metal 31
handcuffs, plastic ties, ankle restraints, leather cuffs, other 32
hospital-type restraints, tasers, or batons. 33
(8) "Secretary" means the secretary of the department.34
(9) "Service provider" means the entity that operates a community 35
facility. 36
(10) "Transportation" means the conveying, by any means, of an 37
incarcerated pregnant woman or youth from the institution or 38
community facility to another location from the moment she leaves the 39
institution or community facility to the time of arrival at the other 40
p. 32 HB 2108
location, and includes the escorting of the pregnant incarcerated 1
woman or youth from the institution or community facility to a 2
transport vehicle and from the vehicle to the other location.3
Sec. 20. RCW 72.05.130 and 2020 c 274 s 55 are each amended to 4
read as follows: 5
The department of social and health services and the department 6
of ((children, youth, and families )) corrections shall establish, 7
maintain, operate and administer a comprehensive program for the 8
custody, care, education, treatment, instruction, guidance, control, 9
and rehabilitation of all persons who may be committed or admitted to 10
institutions, schools, or other facilities, placed under the control 11
of each, except for the programs of education provided pursuant to 12
RCW 28A.190.030 through 28A.190.050 which shall be established, 13
operated, and administered by the school district conducting the 14
program, and in order to accomplish these purposes, the powers and 15
duties of the secretary of the department of social and health 16
services and the secretary of the department of ((children, youth, 17
and families )) corrections for the institutions placed under the 18
respective department shall include the following:19
(1) The assembling, analyzing, tabulating, and reproduction in 20
report form, of statistics and other data with respect to children 21
with behavior problems in the state of Washington, including, but not 22
limited to, the extent, kind, and causes of such behavior problems in 23
the different areas and population centers of the state. Such reports 24
shall not be open to public inspection, but shall be open to the 25
inspection of the governor and to the superior court judges of the 26
state of Washington. 27
(2) The establishment and supervision of diagnostic facilities 28
and services in connection with the custody, care, and treatment of 29
persons with disabilities, and behavior problem children who may be 30
committed or admitted to any of the institutions, schools, or 31
facilities controlled and operated by the department, or who may be 32
referred for such diagnosis and treatment by any superior court of 33
this state. Such diagnostic services may be established in connection 34
with, or apart from, any other state institution under the 35
supervision and direction of the secretary of the department of 36
social and health services or the secretary of the department of 37
((children, youth, and families )) corrections. Such diagnostic 38
services shall be available to the superior courts of the state for 39
p. 33 HB 2108
persons referred for such services by them prior to commitment, or 1
admission to, any school, institution, or other facility. Such 2
diagnostic services shall also be available to other departments of 3
the state. When the secretary of the department of social and health 4
services or the secretary of the department of ((children, youth, and 5
families)) corrections determines it necessary, the secretary of the 6
department of social and health services or the secretary of the 7
department of ((children, youth, and families )) corrections may 8
create waiting lists and set priorities for use of diagnostic 9
services for juvenile offenders on the basis of those most severely 10
in need. 11
(3) The supervision of all persons committed or admitted to any 12
institution, school, or other facility operated by the department of 13
social and health services or the department of ((children, youth, 14
and families)) corrections, and the transfer of such persons from any 15
such institution, school, or facility to any other such school, 16
institution, or facility: PROVIDED, That where a person has been 17
committed to a minimum security institution, school, or facility by 18
any of the superior courts of this state, a transfer to a close 19
security institution shall be made only with the consent and approval 20
of such court. 21
(4) The supervision of parole, discharge, or other release, and 22
the post-institutional placement of all persons committed to Green 23
Hill school, or such as may be assigned, paroled, or transferred 24
therefrom to other facilities operated by the department. Green Hill 25
school is hereby designated as a "close security" institution to 26
which shall be given the custody of children with the most serious 27
behavior problems. 28
Sec. 21. RCW 72.05.154 and 2017 3rd sp.s. c 6 s 704 are each 29
amended to read as follows: 30
From and after July 1, 1973, any inmate working in a juvenile 31
forest camp established and operated pursuant to RCW 72.05.150, 32
pursuant to an agreement between the department or the department of 33
children, youth, and families and the department of natural resources 34
shall be eligible for the benefits provided by Title 51 RCW, as now 35
or hereafter amended, relating to industrial insurance, with the 36
exceptions provided by this section. 37
No inmate as described in RCW 72.05.152, until released upon an 38
order of parole by the department ((of children, youth, and 39
p. 34 HB 2108
families)), or discharged from custody upon expiration of sentence, 1
or discharged from custody by order of a court of appropriate 2
jurisdiction, or his or her dependents or beneficiaries, shall be 3
entitled to any payment for temporary disability or permanent total 4
disability as provided for in RCW 51.32.090 or 51.32.060 5
respectively, as now or hereafter amended, or to the benefits of 6
chapter 51.36 RCW relating to medical aid: PROVIDED, That RCW 7
72.05.152 and this section shall not affect the eligibility, payment 8
or distribution of benefits for any industrial injury to the inmate 9
which occurred prior to his or her existing commitment to the 10
department of children, youth, and families. 11
Any and all premiums or assessments as may arise under this 12
section pursuant to the provisions of Title 51 RCW shall be the 13
obligation of and be paid by the state department of natural 14
resources. 15
Sec. 22. RCW 72.05.440 and 2017 3rd sp.s. c 6 s 707 are each 16
amended to read as follows: 17
(1) A person shall not be eligible for an employed or volunteer 18
position within the department ((of children, youth, and families )) 19
or any agency with which it contracts in which the person may have 20
regular access to juveniles under the jurisdiction of the department 21
((of children, youth, and families or the department of corrections )) 22
if the person has been convicted of one or more of the following:23
(a) Any felony sex offense; 24
(b) Any violent offense, as defined in RCW 9.94A.030.25
(2) Subsection (1) of this section applies only to persons hired 26
by the department or any of its contracting agencies after September 27
1, 1998. 28
(3) Any person employed by the department ((of children, youth, 29
and families )), or by any contracting agency, who may have regular 30
access to juveniles under the jurisdiction of the department ((of 31
children, youth, and families or the department of corrections )) and 32
who is convicted of an offense set forth in this section after 33
September 1, 1998, shall report the conviction to his or her 34
supervisor. The report must be made within seven days of conviction. 35
Failure to report within seven days of conviction constitutes 36
misconduct under Title 50 RCW. 37
(4) For purposes of this section "may have regular access to 38
juveniles" means access for more than a nominal amount of time.39
p. 35 HB 2108
(5) The department shall adopt rules to implement this section.1
Sec. 23. RCW 72.19.010 and 2017 3rd sp.s. c 6 s 708 are each 2
amended to read as follows: 3
There is hereby established under the supervision and control of 4
the secretary of ((children, youth, and families )) the department of 5
corrections a correctional institution for the confinement and 6
rehabilitation of juveniles committed by the juvenile courts to the 7
department of ((children, youth, and families )) corrections. Such 8
institution shall be situated upon publicly owned lands within King 9
county, under the supervision of the department of natural resources, 10
which land is located in the vicinity of Echo Lake and more 11
particularly situated in Section 34, Township 24 North, Range 7 East 12
W.M. and that portion of Section 3, Township 23 North, Range 7 East 13
W.M. lying north of U.S. Highway 10, together with necessary access 14
routes thereto, all of which tract is leased by the department of 15
natural resources to the department of children, youth, and families 16
for the establishment and construction of the correctional 17
institution authorized and provided for in this chapter.18
Sec. 24. RCW 72.19.020 and 2017 3rd sp.s. c 6 s 709 are each 19
amended to read as follows: 20
The secretary of ((children, youth, and families )) the department 21
of corrections may make, amend, and repeal rules for the 22
administration of the juvenile correctional institution established 23
by this chapter in furtherance of the provisions of this chapter and 24
not inconsistent with law. 25
Sec. 25. RCW 72.19.030 and 2017 3rd sp.s. c 6 s 710 are each 26
amended to read as follows: 27
The superintendent of the correctional institution established by 28
this chapter shall be appointed by the secretary of ((children, 29
youth, and families)) the department of corrections.30
Sec. 26. RCW 72.19.040 and 2017 3rd sp.s. c 6 s 711 are each 31
amended to read as follows: 32
The superintendent, subject to the approval of the secretary of 33
((children, youth, and families )) the department of corrections , 34
shall appoint such associate superintendents as shall be deemed 35
necessary. In the event the superintendent shall be absent from the 36
p. 36 HB 2108
institution, or during periods of illness or other situations 1
incapacitating the superintendent from properly performing his or her 2
duties, one of the associate superintendents of such institution 3
shall act as superintendent during such period of absence, illness, 4
or incapacity as may be designated by the secretary of ((children, 5
youth, and families)) the department of corrections.6
Sec. 27. RCW 72.19.050 and 2017 3rd sp.s. c 6 s 712 are each 7
amended to read as follows: 8
The superintendent shall have the following powers, duties and 9
responsibilities: 10
(1) Subject to the rules of the department of ((children, youth, 11
and families )) corrections, the superintendent shall have the 12
supervision and management of the institution, of the grounds and 13
buildings, the subordinate officers and employees, and of the 14
juveniles received at such institution and the custody of such 15
persons until released or transferred as provided by law.16
(2) Subject to the rules of the department of ((children, youth, 17
and families )) corrections and the office of financial management, 18
appoint all subordinate officers and employees. 19
(3) The superintendent shall be the custodian of the personal 20
property of all juveniles in the institution and shall make rules 21
governing the accounting and disposition of all moneys received by 22
such juveniles, not inconsistent with the law, and subject to the 23
approval of the secretary of the department of ((children, youth, and 24
families)) corrections. 25
Sec. 28. RCW 72.19.060 and 2017 3rd sp.s. c 6 s 713 are each 26
amended to read as follows: 27
The plans and construction of the juvenile correctional 28
institution established by this chapter shall provide for adequate 29
separation of the residential housing of the male juvenile from the 30
female juvenile. In all other respects, the juvenile correctional 31
programs for both boys and girls may be combined or separated as the 32
secretary of ((children, youth, and families )) the department of 33
corrections deems most reasonable and effective to accomplish the 34
reformation, training and rehabilitation of the juvenile offender, 35
realizing all possible economies from the lack of necessity for 36
duplication of facilities. 37
p. 37 HB 2108
Sec. 29. RCW 72.72.030 and 2017 3rd sp.s. c 6 s 714 are each 1
amended to read as follows: 2
(((1))) There is hereby created, in the state treasury, an 3
institutional impact account. The secretary of ((children, youth, and 4
families)) the department of corrections may reimburse political 5
subdivisions for criminal justice costs incurred directly as a result 6
of crimes committed by offenders residing in an institution as 7
defined herein under the jurisdiction of the secretary of ((children, 8
youth, and families )) the department of corrections . Such 9
reimbursement shall be made to the extent funds are available from 10
the institutional impact account. Reimbursements shall be limited to 11
law enforcement, prosecutorial, judicial, and jail facilities costs 12
which are documented to be strictly related to the criminal 13
activities of the offender. 14
(((2) The secretary of corrections may reimburse political 15
subdivisions for criminal justice costs incurred directly as a result 16
of crimes committed by offenders residing in an institution as 17
defined herein under the jurisdiction of the secretary of 18
corrections. Such reimbursement shall be made to the extent funds are 19
available from the institutional impact account. Reimbursements shall 20
be limited to law enforcement, prosecutorial, judicial, and jail 21
facilities costs which are documented to be strictly related to the 22
criminal activities of the offender.))23
Sec. 30. RCW 72.72.040 and 2017 3rd sp.s. c 6 s 715 are each 24
amended to read as follows: 25
(1) The secretary of ((children, youth, and families and the 26
secretary)) the department of corrections shall ((each)) promulgate 27
rules pursuant to chapter 34.05 RCW regarding the reimbursement 28
process for their respective agencies. 29
(2) Reimbursement shall not be made if otherwise provided 30
pursuant to other provisions of state law. 31
Sec. 31. RCW 13.06.020 and 2017 3rd sp.s. c 6 s 716 are each 32
amended to read as follows: 33
From any state moneys made available for such purpose, the state 34
of Washington, through the department of ((children, youth, and 35
families)) corrections, shall, in accordance with this chapter and 36
applicable departmental rules, share in the cost of providing 37
services to juveniles. 38
p. 38 HB 2108
Sec. 32. RCW 13.06.030 and 2017 3rd sp.s. c 6 s 717 are each 1
amended to read as follows: 2
The department of ((children, youth, and families )) corrections 3
shall adopt rules prescribing minimum standards for the operation of 4
consolidated juvenile services programs for juvenile offenders and 5
such other rules as may be necessary for the administration of the 6
provisions of this chapter. Consolidated juvenile services is a 7
mechanism through which the department of ((children, youth, and 8
families)) corrections supports local county comprehensive program 9
plans in providing services to offender groups. Standards shall be 10
sufficiently flexible to support current programs which have 11
demonstrated effectiveness and efficiency, to foster development of 12
innovative and improved services for juvenile offenders, to permit 13
direct contracting with private vendors, and to encourage community 14
support for and assistance to local programs. The secretary of 15
((children, youth, and families )) the department of corrections shall 16
seek advice from appropriate juvenile justice system participants in 17
developing standards and procedures for the operation of consolidated 18
juvenile services programs and the distribution of funds under this 19
chapter. 20
Sec. 33. RCW 13.06.040 and 2017 3rd sp.s. c 6 s 718 are each 21
amended to read as follows: 22
Any county or group of counties may make application to the 23
department of ((children, youth, and families )) corrections in the 24
manner and form prescribed by the department for financial aid for 25
the cost of consolidated juvenile services programs. Any such 26
application must include a plan or plans for providing consolidated 27
services to juvenile offenders in accordance with standards of the 28
department of corrections. 29
Sec. 34. RCW 13.06.050 and 2020 c 262 s 2 are each amended to 30
read as follows: 31
No county shall be entitled to receive any state funds provided 32
by this chapter until its application and plan are approved, and 33
unless and until the minimum standards prescribed by the department 34
of ((children, youth, and families )) corrections are complied with 35
and then only on such terms as are set forth in this section. In 36
addition, any county making application for state funds under this 37
chapter that also operates a juvenile detention facility must have 38
p. 39 HB 2108
standards of operations in place that include: Intake and admissions, 1
medical and health care, communication, correspondence, visiting and 2
telephone use, security and control, sanitation and hygiene, juvenile 3
rights, rules and discipline, property, juvenile records, safety and 4
emergency procedures, programming, release and transfer, training and 5
staff development, and food service. 6
(1) The distribution of funds to a county or a group of counties 7
shall be based on criteria including but not limited to the county's 8
per capita income, regional or county at-risk populations, juvenile 9
crime or arrest rates, rates of poverty, size of racial minority 10
populations, existing programs, and the effectiveness and efficiency 11
of consolidating local programs towards reducing commitments to state 12
correctional facilities for offenders whose standard range 13
disposition does not include commitment of the offender to the 14
department and reducing reliance on other traditional departmental 15
services. 16
(2) The secretary of ((children, youth, and families )) the 17
department of corrections will reimburse a county upon presentation 18
and approval of a valid claim pursuant to the provisions of this 19
chapter based on actual performance in meeting the terms and 20
conditions of the approved plan and contract. Funds received by 21
participating counties under this chapter shall not be used to 22
replace local funds for existing programs. 23
Sec. 35. RCW 28A.190.050 and 2017 3rd sp.s. c 6 s 723 are each 24
amended to read as follows: 25
Each school district required to conduct a program of education 26
pursuant to RCW 28A.190.030, and the department of social and health 27
services and the department of ((children, youth, and families )) 28
corrections shall hereafter negotiate and execute a written contract 29
for each school year or such longer period as may be agreed to which 30
delineates the manner in which their respective duties and authority 31
will be cooperatively performed and exercised, and any disputes and 32
grievances resolved. Any such contract may provide for the 33
performance of duties by a school district in addition to those set 34
forth in RCW 28A.190.030 (1) through (5), including duties imposed 35
upon the department of social and health services and the department 36
of ((children, youth, and families )) corrections and their agents 37
pursuant to RCW 28A.190.040: PROVIDED, That funds identified in RCW 38
28A.190.030(6) and/or funds provided by the department of social and 39
p. 40 HB 2108
health services and the department of ((children, youth, and 1
families)) corrections are available to fully pay the direct and 2
indirect costs of such additional duties and the district is 3
otherwise authorized by law to perform such duties in connection with 4
the maintenance and operation of a school district.5
Sec. 36. RCW 28A.190.060 and 2017 3rd sp.s. c 6 s 724 are each 6
amended to read as follows: 7
The department of social and health services and the department 8
of ((children, youth, and families )) corrections shall provide 9
written notice on or before April 15th of each school year to the 10
superintendent of each school district conducting a program of 11
education pursuant to this chapter of any foreseeable residential 12
school closure, reduction in the number of residents, or any other 13
cause for a reduction in the school district's staff for the next 14
school year. In the event the department of social and health 15
services and the department of ((children, youth, and families )) 16
corrections fail to provide notice as prescribed by this section, the 17
departments shall be liable and responsible for the payment of the 18
salary and employment related costs for the next school year of each 19
school district employee whose contract the school district would 20
have nonrenewed but for the failure of the departments to provide 21
notice. 22
Sec. 37. RCW 71.34.795 and 2017 3rd sp.s. c 6 s 725 are each 23
amended to read as follows: 24
When in the judgment of the department of ((children, youth, and 25
families)) corrections the welfare of any person committed to or 26
confined in any state juvenile correctional institution or facility 27
necessitates that the person be transferred or moved for observation, 28
diagnosis, or treatment to an evaluation and treatment facility, the 29
secretary of ((children, youth, and families )) the department of 30
corrections or the secretary's designee is authorized to order and 31
effect such move or transfer for a period of up to fourteen days, 32
provided that the secretary notifies the original committing court of 33
the transfer and the evaluation and treatment facility is in 34
agreement with the transfer. No person committed to or confined in 35
any state juvenile correctional institution or facility may be 36
transferred to an evaluation and treatment facility for more than 37
fourteen days unless that person has been admitted as a voluntary 38
p. 41 HB 2108
patient or committed for one hundred eighty-day treatment under this 1
chapter or ninety-day treatment under chapter 71.05 RCW if eighteen 2
years of age or older. Underlying jurisdiction of minors transferred 3
or committed under this section remains with the state correctional 4
institution. A voluntary admitted minor or minors committed under 5
this section and no longer meeting the criteria for one hundred 6
eighty-day commitment shall be returned to the state correctional 7
institution to serve the remaining time of the underlying 8
dispositional order or sentence. The time spent by the minor at the 9
evaluation and treatment facility shall be credited towards the 10
minor's juvenile court sentence. 11
Sec. 38. RCW 72.01.210 and 2019 c 146 s 7 and 2019 c 107 s 2 are 12
each reenacted and amended to read as follows: 13
(1) The secretary of corrections shall appoint institutional 14
religious coordinators for the state correctional institutions for 15
convicted felons. Institutional religious coordinators shall be 16
appointed as employees of the department of corrections. The 17
secretary of corrections may further contract with religious 18
coordinators to be employed as is necessary to meet the religious 19
needs of those inmates whose religious denominations are not 20
represented by institutional religious coordinators and where 21
volunteer religious coordinators are not available.22
(2) Institutional religious coordinators appointed by the 23
department of corrections under this section shall have 24
qualifications necessary to serve all faith groups represented within 25
the department. Every religious coordinator so appointed or 26
contracted with shall have qualifications consistent with community 27
standards of the given faith group to which he or she belongs and 28
shall not be required to violate the tenets of his or her faith when 29
acting in an ecclesiastical role. 30
(3) The secretary of ((children, youth, and families )) the 31
department of corrections shall appoint religious coordinators for 32
the correctional institutions for juveniles found delinquent by the 33
juvenile courts; and the secretary of corrections and the secretary 34
of social and health services shall appoint one or more religious 35
coordinators for other custodial, correctional, and mental 36
institutions under their control. 37
(4) Except as provided in this section, the religious 38
coordinators so appointed under this section shall have the 39
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qualifications and shall be compensated in an amount as recommended 1
by the appointing department and approved by the director of 2
financial management. 3
Sec. 39. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 4
read as follows: 5
(1) Whenever any person is convicted as an adult in the courts of 6
this state of a felony offense committed under the age of 7
((eighteen)) 18, and is committed for a term of confinement, that 8
person shall be ((initially)) placed in a facility operated by the 9
department of children, youth, and families. The department of 10
corrections shall determine the person's earned release date.11
(((a) While in the custody of the department of children, youth, 12
and families, the person must have the same treatment, housing 13
options, transfer, and access to program resources as any other 14
person committed to that juvenile correctional facility or 15
institution pursuant to chapter 13.40 RCW. Except as provided under 16
(d) of this subsection, treatment, placement, and program decisions 17
shall be at the sole discretion of the department of children, youth, 18
and families. The person shall not be transferred to the custody of 19
the department of corrections without the approval of the department 20
of children, youth, and families until the person reaches the age of 21
twenty-five.22
(b))) If the person's sentence includes a term of community 23
custody, the department of ((children, youth, and families )) 24
corrections shall not release the person to community custody until 25
the department of corrections has approved the person's release plan 26
pursuant to RCW 9.94A.729(5)(b). ((If a person is held past his or 27
her earned release date pending release plan approval, the department 28
of children, youth, and families shall retain custody until a plan is 29
approved or the person completes the ordered term of confinement 30
prior to age twenty-five.31
(c) If the department of children, youth, and families determines 32
that retaining custody of the person in a facility of the department 33
of children, youth, and families presents a significant safety risk, 34
the department of children, youth, and families may transfer the 35
person to the custody of the department of corrections.36
(d) The department of corrections must retain authority over 37
custody decisions relating to a person whose earned release date is 38
on or after the person's twenty-fifth birthday and who is placed in a 39
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facility operated by the department of children, youth, and families 1
under this section, unless the person qualifies for partial 2
confinement under RCW 72.01.412, and must approve any leave from the 3
facility. When the person turns age twenty-five, he or she must be 4
transferred to the department of corrections, except as described 5
under RCW 72.01.412. The department of children, youth, and families 6
has all routine and day-to-day operations authority for the person 7
while the person is in its custody.))8
(2)(a) Except as provided in (b) ((and (c))) of this subsection, 9
a person under the age of ((eighteen)) 18 who is ((transferred)) 10
committed to the custody of the department of corrections must be 11
placed in a juvenile correctional institution or a housing unit, or a 12
portion of a housing unit, that is separated from other persons in 13
custody who are ((eighteen)) 18 years of age or older, until the 14
person reaches the age of ((eighteen)) 18. 15
(b) ((A person who is transferred to the custody of the 16
department of corrections and reaches eighteen years of age may 17
remain in a housing unit for persons under the age of eighteen if the 18
secretary of corrections determines that: (i) The person's needs and 19
the rehabilitation goals for the person could continue to be better 20
met by the programs and housing environment that is separate from 21
other persons in custody who are eighteen years of age and older; and 22
(ii) the programs or housing environment for persons under the age of 23
eighteen will not be substantially affected by the continued 24
placement of the person in that environment. The person may remain 25
placed in a housing unit for persons under the age of eighteen until 26
such time as the secretary of corrections determines that the 27
person's needs and goals are no longer better met in that environment 28
but in no case past the person's twenty-fifth birthday.29
(c))) A person ((transferred)) committed to the custody of the 30
department of corrections and placed in an adult correctional 31
institution who is under the age of ((eighteen)) 18 may be housed in 32
an intensive management unit or administrative segregation unit 33
containing offenders ((eighteen)) 18 years of age or older if it is 34
necessary for the safety or security of the offender or staff. In 35
these cases, the offender must be kept physically separate from other 36
offenders at all times. 37
(((3) The department of children, youth, and families must review 38
the placement of a person over age twenty-one in the custody of the 39
department of children, youth, and families under this section to 40
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determine whether the person should be transferred to the custody of 1
the department of corrections. The department of children, youth, and 2
families may determine the frequency of the review required under 3
this subsection, but the review must occur at least once before the 4
person reaches age twenty-three if the person's commitment period in 5
a juvenile institution extends beyond the person's twenty-third 6
birthday.))7
Sec. 40. RCW 43.216.005 and 2017 3rd sp.s. c 6 s 1 are each 8
amended to read as follows: 9
(1) The legislature finds that state services are not currently 10
organized and delivered in a way that achieves the optimal outcomes 11
for children, youth, and families. The legislature believes that, to 12
improve service delivery and outcomes, existing services must be 13
restructured into a comprehensive agency dedicated to the safety, 14
development, and well-being of children that emphasizes prevention, 15
early childhood development, and early intervention, and supporting 16
parents to be their children's first and most important teachers.17
(2) The legislature finds that: 18
(a) The early years of a child's life are critical to the child's 19
healthy brain development and that the quality of caregiving during 20
the early years can significantly impact the child's intellectual, 21
social, and emotional development; 22
(b) A successful outcome for every child obtaining a K-12 23
education depends on children being prepared from birth for academic 24
and social success in school. For children at risk of school failure, 25
the opportunity gap often emerges as early as eighteen months of age;26
(c) A more cohesive and integrated early learning system has been 27
established that provides a solid foundation for further improvements 28
in the quality and availability of early learning programs; and29
(d) Increasing the availability of high quality services for 30
children ages birth to three and their parents or caregivers will 31
result in improved school and life outcomes. 32
(3) Research is clear that quality culturally and linguistically 33
responsive early care and education builds the foundation for a 34
child's success in school and in life. In restructuring early 35
learning and child welfare services, the legislature seeks to build 36
on the success of Washington's early learning efforts to assure 37
children most at risk of experiencing adversity are provided high 38
quality early learning experiences. 39
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(4) The legislature finds that advancements in research and 1
science have identified indicators of risk, how they impact healthy 2
development, and the critical importance of stable, nurturing 3
relationships, particularly in the early years. Services for families 4
and children should be prioritized for those who are most at risk of 5
neglect, physical harm, and other adverse factors. 6
(5) The legislature finds that a focus on adolescent development 7
is needed to ensure that effective supports and interventions are 8
targeted to support adolescents successfully transitioning to 9
adulthood. ((Youth known to both the child welfare and juvenile 10
justice systems often suffer from childhood trauma, have multisystem 11
involvement, and experience homelessness. Increased integration of 12
the child welfare and juvenile justice systems can increase 13
opportunities for prevention and improve outcomes for youth in both 14
systems.))15
(6) The legislature finds that children and youth of color are 16
disproportionately impacted at every point in the child welfare and 17
juvenile justice systems. The department of children, youth, and 18
families must prioritize addressing equity, disproportionality, and 19
disparity in service delivery and outcomes, and provide transparent, 20
frequent reporting of outcomes by race, ethnicity, and geography. The 21
legislature finds that the state values the partnership with tribes 22
in providing services for our children and youth and intends to honor 23
the government-to-government relationship between the state and 24
tribes. 25
(7) The department of children, youth, and families must be 26
anchored in a culture of innovation, transparency, accountability, 27
rigorous data analysis, and reliance on research and evidence-based 28
interventions. 29
(8) The legislature finds that the public expects an effective 30
service delivery system that is comprehensive, accountable, and goes 31
beyond a single department's role. For this reason, the legislature 32
is creating a mechanism in the department of children, youth, and 33
families to align, integrate, and ensure accountability of state 34
services for children, youth, and their families across state 35
agencies so that there is a seamless, effective, prevention and early 36
intervention-based service system regardless of which state agency is 37
responsible for particular services. 38
(9) The legislature finds that the work of the department of 39
children, youth, and families will only be as successful as the 40
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workforce— both the agency employees and community-based providers. 1
Increased support for the professionals working with children, youth, 2
and families is critical to improving outcomes. 3
(10) The legislature further finds that other states have 4
successfully established integrated departments dedicated to serving 5
children, youth, and families. These departments have improved the 6
visibility of child and family issues, increased authority and 7
accountability, enabled system improvements, and created a stronger 8
focus on improving child outcomes. 9
Sec. 41. RCW 43.216.035 and 2017 3rd sp.s. c 6 s 104 are each 10
amended to read as follows: 11
(1) Beginning July 1, 2018, the office of innovation, alignment, 12
and accountability shall have a director, appointed by the secretary, 13
who shall set the agenda and oversee the office, who reports to the 14
secretary. The secretary shall ensure that the leadership and staff 15
of the office do not have responsibility for service delivery but are 16
wholly dedicated to directing and implementing the innovation, 17
alignment, integration, collaboration, systemic reform work, and 18
building external partnerships for which the office is responsible.19
(2) The primary duties and focus of the office are on continuous 20
improvement and includes the functions in this subsection:21
(a) To review and recommend implementation of advancements in 22
research; 23
(b) To work with other state government agencies and tribal 24
governments to align and measure outcomes across state agencies and 25
state-funded agencies serving children, youth, and families 26
including, but not limited to, the use of evidence-based and 27
research-based practices and contracting; 28
(c) To work with other state government agencies, tribal 29
governments, partner agencies, and state-funded organizations on the 30
use of data-driven, research-based interventions that effectively 31
intervene in the lives of at-risk young people and align systems that 32
serve children, youth, and their families; 33
(d) To develop approaches for integrated real-time data sharing, 34
aligned outcomes, and collective accountability across state 35
government agencies to the public; 36
(e) To conduct quality assurance and evaluation of programs and 37
services within the department; 38
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(f) To lead partnerships with the community, research and 1
teaching institutions, philanthropic organizations, and nonprofit 2
organizations; 3
(g) To lead collaboration with courts, tribal courts and tribal 4
attorneys, attorneys, court-appointed special advocates, and 5
guardians ad litem to align and integrate the work of the department 6
with those involved in decision making in child welfare ((and 7
juvenile justice)) cases; 8
(h) To produce, in collaboration with key stakeholders, an annual 9
work plan that includes priorities for ongoing policy, practice, and 10
system reform, tracking, and reporting out on the performance of 11
department reforms; 12
(i) To appoint members of an external stakeholder committee who 13
value racial and ethnic diversity and that includes representatives 14
from a philanthropic organization, research entity representatives, 15
representatives from the business community, one or more parent 16
representatives, youth representatives, tribal representatives, 17
representatives from communities of color, foster parent 18
representatives, representatives from an organization that advocates 19
for the best interest of the child, and community-based providers, 20
who will advise the office on priorities for practice, policy, and 21
system reform and on effective management policies, development of 22
appropriate organizational culture, external partnerships, knowledge 23
of best practices, and leveraging additional resources to carry out 24
the duties of the department; 25
(j) To provide a report to the governor and the appropriate 26
committees of the legislature by November 1, 2018, that includes 27
recommendations regarding whether the juvenile rehabilitation 28
division of the department of social and health services should be 29
integrated into the department of children, youth, and families, and 30
if so, what the appropriate timing and process is for integration of 31
the juvenile rehabilitation division into the department of children, 32
youth, and families; 33
(k) To provide a report to the governor and the appropriate 34
committees of the legislature by November 1, 2018, that includes:35
(i) A review of the current process for addressing foster parent 36
complaints and concerns through the department and through the office 37
of the family and children's ombuds established in chapter 43.06A RCW 38
that includes an examination of any deficiencies of the current 39
system; and 40
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(ii) Recommendations for expanding, modifying, and enhancing the 1
current system for addressing individual foster parent complaints to 2
improve child welfare, the experience of foster parents, and the 3
overall functioning of the child welfare system; and4
(l) To provide a report to the governor and the appropriate 5
committees of the legislature by November 1, 2018, that includes 6
recommendations regarding whether the office of homeless youth 7
prevention and protection programs in the department of commerce 8
should be integrated into the department, and the process for that 9
integration if recommended. 10
Sec. 42. RCW 43.216.015 and 2025 c 179 s 1 are each amended to 11
read as follows: 12
(1)(a) The department of children, youth, and families is created 13
as an executive branch agency. The department is vested with all 14
powers and duties transferred to it under chapter 6, Laws of 2017 3rd 15
sp. sess. and such other powers and duties as may be authorized by 16
law. The vision for the department is that Washington state's 17
children and youth grow up safe and healthy — thriving physically, 18
emotionally, and academically, nurtured by family and community.19
(b) The department, in partnership with state and local agencies, 20
tribes, and communities, shall protect children and youth from harm 21
and promote healthy development with effective, high quality 22
prevention, intervention, and early education services delivered in 23
an equitable manner. An important role for the department shall be to 24
provide preventative services to help secure and preserve families in 25
crisis. The department shall partner with the federally recognized 26
Indian tribes to develop effective services for youth and families 27
while respecting the sovereignty of those tribes and the government-28
to-government relationship. Nothing in chapter 6, Laws of 2017 3rd 29
sp. sess. alters the duties, requirements, and policies of the 30
federal Indian child welfare act, 25 U.S.C. Secs. 1901 through 1963, 31
as amended, or the Indian child welfare act, chapter 13.38 RCW.32
(2) Beginning July 1, 2018, the department must develop 33
definitions for, work plans to address, and metrics to measure the 34
outcomes for children, youth, and families served by the department 35
and must work with state agencies to ensure services for children, 36
youth, and families are science-based, outcome-driven, data-informed, 37
and collaborative. 38
p. 49 HB 2108
(3)(a) Beginning July 1, 2018, the department must establish 1
short and long-term population level outcome measure goals, including 2
metrics regarding reducing disparities by family income, race, and 3
ethnicity in each outcome. 4
(b) In addition to transparent, frequent reporting of the outcome 5
measures in (c)(i) through (((viii))) (vi) of this subsection, the 6
department must report to the legislature an examination of 7
engagement, resource utilization, and outcomes for clients receiving 8
department services and youth participating in juvenile court 9
alternative programs funded by the department, no less than annually 10
and beginning September 1, 2020. The data in this report must be 11
disaggregated by race, ethnicity, and geography. This report must 12
identify areas of focus to advance equity that will inform department 13
strategies so that all children, youth, and families are thriving. 14
Metrics detailing progress towards eliminating disparities and 15
disproportionality over time must also be included. The report must 16
also include information on department outcome measures, actions 17
taken, progress toward these goals, and plans for the future year.18
(c) The outcome measures must include, but are not limited to:19
(i) Improving child development and school readiness through 20
voluntary, high quality early learning opportunities as measured by: 21
(A) Increasing the number and proportion of children kindergarten-22
ready as measured by the Washington kindergarten inventory of 23
developing skills (WAKids) assessment including mathematics; (B) 24
increasing the proportion of children in early learning programs that 25
have achieved the level 3 or higher early achievers quality standard; 26
and (C) increasing the available supply of licensed child care in 27
child care centers, outdoor nature-based child care, and family 28
homes, including providers not receiving state subsidy;29
(ii) Preventing child abuse and neglect; 30
(iii) Improving child and youth safety, permanency, and well-31
being as measured by: (A) Reducing the number of children entering 32
out-of-home care; (B) reducing a child's length of stay in out-of-33
home care; (C) reducing maltreatment of youth while in out-of-home 34
care; (D) licensing more foster homes than there are children in 35
foster care; (E) reducing the number of children that reenter out-of-36
home care within twelve months; (F) increasing the stability of 37
placements for children in out-of-home care; and (G) developing 38
strategies to demonstrate to foster families that their service and 39
involvement is highly valued by the department, as demonstrated by 40
p. 50 HB 2108
the development of strategies to consult with foster families 1
regarding future placement of a foster child currently placed with a 2
foster family; 3
(iv) Improving reconciliation of children and youth with their 4
families as measured by: (A) Increasing family reunification; and (B) 5
increasing the number of youth who are reunified with their family of 6
origin; 7
(v) ((In collaboration with county juvenile justice programs, 8
improving adolescent outcomes including reducing multisystem 9
involvement and homelessness; and increasing school graduation rates 10
and successful transitions to adulthood for youth involved in the 11
child welfare and juvenile justice systems;12
(vi))) Reducing future demand for mental health and substance use 13
disorder treatment for youth involved in the child welfare ((and 14
juvenile justice)) system((s)); and15
(((vii) In collaboration with county juvenile justice programs, 16
reducing criminal justice involvement and recidivism as measured by: 17
(A) An increase in the number of youth who successfully complete the 18
terms of diversion or alternative sentencing options; (B) a decrease 19
in the number of youth who commit subsequent crimes; and (C) 20
eliminating the discharge of youth from institutional settings into 21
homelessness; and22
(viii))) (vi) Eliminating racial and ethnic disproportionality 23
and disparities in system involvement and across child and youth 24
outcomes in collaboration with other state agencies.25
(4) Beginning July 1, 2018, the department must:26
(a) Lead ongoing collaborative work to minimize or eliminate 27
systemic barriers to effective, integrated services in collaboration 28
with state agencies serving children, youth, and families;29
(b) Identify necessary improvements and updates to statutes 30
relevant to their responsibilities and proposing legislative changes 31
to the governor no less than biennially; 32
(c) Help create a data-focused environment in which there are 33
aligned outcomes and shared accountability for achieving those 34
outcomes, with shared, real-time data that is accessible to 35
authorized persons interacting with the family, child, or youth to 36
identify what is needed and which services would be effective;37
(d) Lead the provision of state services to adolescents, focusing 38
on key transition points for youth, including exiting foster care and 39
institutions, and coordinating with the office of homeless youth 40
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prevention and protection programs to address the unique needs of 1
homeless youth; and 2
(e) Create and annually update a list of the rights and 3
responsibilities of foster parents in partnership with foster parent 4
representatives. The list of foster parent rights and 5
responsibilities must be posted on the department's website, provided 6
to individuals participating in a foster parent orientation before 7
licensure, provided to foster parents in writing at the time of 8
licensure, and provided to foster parents applying for license 9
renewal. 10
(5) The department is accountable to the public. To ensure 11
transparency, beginning December 30, 2018, agency performance data 12
for the services provided by the department, including outcome data 13
for contracted services, must be available to the public, consistent 14
with confidentiality laws, federal protections, and individual rights 15
to privacy. Publicly available data must include budget and funding 16
decisions, performance-based contracting data, including data for 17
contracted services, and performance data on metrics identified in 18
this section. The board must work with the secretary and director to 19
develop the most effective and cost-efficient ways to make department 20
data available to the public, including making this data readily 21
available on the department's website. 22
(6) The department shall ensure that all new and renewed 23
contracts for services are performance-based. 24
(7) The department must execute all new and renewed contracts for 25
services in accordance with this section and consistent with RCW 26
74.13B.020. When contracted services are managed through a network 27
administrator or other third party, the department must execute data-28
sharing agreements with the entities managing the contracts to track 29
provider performance measures. Contracts with network administrators 30
or other third parties must provide the contract administrator the 31
ability to shift resources from one provider to another, to evaluate 32
individual provider performance, to add or delete services in 33
consultation with the department, and to reinvest savings from 34
increased efficiencies into new or improved services in their 35
catchment area. Whenever possible, contractor performance data must 36
be made available to the public, consistent with confidentiality laws 37
and individual rights to privacy. 38
(8)(a) The board shall begin its work and call the first meeting 39
of the board on or after July 1, 2018. The board shall immediately 40
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assume the duties of the legislative children's oversight committee, 1
as provided for in RCW 74.13.570 and assume the full functions of the 2
board as provided for in this section by July 1, 2019. The office of 3
innovation, alignment, and accountability shall provide quarterly 4
updates regarding the implementation of the department to the board 5
between July 1, 2018, and July 1, 2019. 6
(b) The office of the family and children's ombuds shall 7
establish the board. The board is authorized for the purpose of 8
monitoring and ensuring that the department achieves the stated 9
outcomes of chapter 6, Laws of 2017 3rd sp. sess., and complies with 10
administrative acts, relevant statutes, rules, and policies 11
pertaining to early learning, juvenile rehabilitation, juvenile 12
justice, and children and family services. 13
(9)(a) The board shall consist of the following members:14
(i) Two senators and two representatives from the legislature 15
with one member from each major caucus; 16
(ii) One nonvoting representative from the governor's office;17
(iii) One subject matter expert in early learning;18
(iv) One subject matter expert in child welfare;19
(v) One subject matter expert in juvenile rehabilitation and 20
justice; 21
(vi) One subject matter expert in eliminating disparities in 22
child outcomes by family income and race and ethnicity;23
(vii) One tribal representative from west of the crest of the 24
Cascade mountains; 25
(viii) One tribal representative from east of the crest of the 26
Cascade mountains; 27
(ix) One current or former foster parent representative;28
(x) One representative of an organization that advocates for the 29
best interest of the child; 30
(xi) One parent stakeholder group representative;31
(xii) One law enforcement representative; 32
(xiii) One child welfare caseworker representative;33
(xiv) One early childhood learning program implementation 34
practitioner; 35
(xv) One current or former foster youth under age twenty-five;36
(xvi) One individual under age twenty-five with current or 37
previous experience with the juvenile justice system;38
(xvii) One physician with experience working with children or 39
youth; and 40
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(xviii) One judicial representative presiding over child welfare 1
court proceedings or other children's matters. 2
(b) The senate members of the board shall be appointed by the 3
leaders of the two major caucuses of the senate. The house of 4
representatives members of the board shall be appointed by the 5
leaders of the two major caucuses of the house of representatives. 6
Members shall be appointed before the close of each regular session 7
of the legislature during an odd-numbered year. 8
(c) The remaining board members shall be nominated by the 9
governor, subject to the approval of the appointed legislators by 10
majority vote, and serve four-year terms. When nominating and 11
approving members after July 28, 2019, the governor and appointed 12
legislators must ensure that at least five of the board members 13
reside east of the crest of the Cascade mountains.14
(10) The board has the following powers, which may be exercised 15
by majority vote of the board: 16
(a) To receive reports of the office of the family and children's 17
ombuds; 18
(b) To obtain access to all relevant records in the possession of 19
the office of the family and children's ombuds, except as prohibited 20
by law; 21
(c) To select its officers and adoption of rules for orderly 22
procedure; 23
(d) To request investigations by the office of the family and 24
children's ombuds of administrative acts; 25
(e) To request and receive information, outcome data, documents, 26
materials, and records from the department relating to children and 27
family welfare, juvenile rehabilitation, juvenile justice, and early 28
learning; 29
(f) To determine whether the department is achieving the 30
performance measures; 31
(g) If final review is requested by a licensee, to review whether 32
department licensors appropriately and consistently applied agency 33
rules in inspection reports that do not involve a violation of health 34
and safety standards as defined in RCW 43.216.395 in cases that have 35
already been reviewed by the internal review process described in RCW 36
43.216.395 with the authority to overturn, change, or uphold such 37
decisions; 38
(h) To conduct annual reviews of a sample of department contracts 39
for services from a variety of program and service areas to ensure 40
p. 54 HB 2108
that those contracts are performance-based and to assess the measures 1
included in each contract; and 2
(i) Upon receipt of records or data from the office of the family 3
and children's ombuds or the department, the board is subject to the 4
same confidentiality restrictions as the office of the family and 5
children's ombuds is under RCW 43.06A.050. The provisions of RCW 6
43.06A.060 also apply to the board. 7
(11) The board has general oversight over the performance and 8
policies of the department and shall provide advice and input to the 9
department and the governor. 10
(12) The board must no less than twice per year convene 11
stakeholder meetings to allow feedback to the board regarding 12
contracting with the department, departmental use of local, state, 13
private, and federal funds, and other matters as relating to carrying 14
out the duties of the department. 15
(13) The board shall review existing surveys of providers, 16
customers, parent groups, and external services to assess whether the 17
department is effectively delivering services, and shall conduct 18
additional surveys as needed to assess whether the department is 19
effectively delivering services. 20
(14) The board is subject to the open public meetings act, 21
chapter 42.30 RCW, except to the extent disclosure of records or 22
information is otherwise confidential under state or federal law.23
(15) Records or information received by the board is confidential 24
to the extent permitted by state or federal law. This subsection does 25
not create an exception for records covered by RCW 13.50.100.26
(16) Unless specified otherwise, board members shall receive no 27
compensation for their service on the board, but shall be reimbursed 28
for travel expenses incurred while conducting business of the board 29
when authorized by the board and within resources allocated for this 30
purpose. Appointed legislators shall be reimbursed for travel 31
expenses in accordance with RCW 43.03.050 and 43.03.060. Board 32
members with direct lived experience may receive compensation as 33
provided in RCW 43.03.220 and 43.03.270 and are entitled to be 34
reimbursed for travel expenses as provided in 43.03.050 and 35
43.03.060. 36
(17) The board shall select, by majority vote, an executive 37
director who shall be the chief administrative officer of the board 38
and shall be responsible for carrying out the policies adopted by the 39
board. The executive director is exempt from the provisions of the 40
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state civil service law, chapter 41.06 RCW, and shall serve at the 1
pleasure of the board established in this section. 2
(18) The board shall maintain a staff not to exceed one full-time 3
equivalent employee. The board-selected executive director of the 4
board is responsible for coordinating staff appointments.5
(19) The board shall issue an annual report to the governor and 6
legislature by December 1st of each year with an initial report 7
delivered by December 1, 2019. The report must review the 8
department's progress towards meeting stated performance measures and 9
desired performance outcomes, and must also include a review of the 10
department's strategic plan, policies, and rules. 11
(20) The definitions in this subsection apply throughout this 12
section unless the context clearly requires otherwise.13
(a) "Board" means the oversight board for children, youth, and 14
families established in subsection (8) of this section.15
(b) "Direct lived experience" has the same meaning as provided in 16
RCW 43.03.220. 17
(c) "Director" means the director of the office of innovation, 18
alignment, and accountability. 19
(d) "Performance-based contract" means results-oriented 20
contracting that focuses on the quality or outcomes that tie at least 21
a portion of the contractor's payment, contract extensions, or 22
contract renewals to the achievement of specific measurable 23
performance standards and requirements. 24
NEW SECTION. Sec. 43. The following acts or parts of acts are 25
each repealed:26
(1) RCW 13.40.468 (Juvenile rehabilitation administration — State 27
quality assurance program) and 2017 3rd sp.s. c 6 s 620 & 2006 c 304 28
s 6; and 29
(2) RCW 13.40.660 (Exchange of intimate images by minors— Findings30
— Work group) and 2019 c 128 s 2. 31
NEW SECTION. Sec. 44. This act takes effect July 1, 2026.32
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p. 56 HB 2108