Renee Morioka1

Chapter Sections

§1 Definition

“At-risk youth” [ARY] means a juvenile

  1. Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;
  2. Who is beyond the control of his or her parent such that the child’s behavior endangers the health, safety, or welfare of the child or any other person; or
  3. Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.2

§2 Petition

§2a Filed by Parent Only

Although not specifically stated by statute, ARY petitions may only be filed by a youth’s parent. “Parent” means the parent or parents who have the legal right to custody of the child. The term “parent” includes custodians and guardians.3

§2b Contents

The petition must set forth the name, age, and residence of the child and the names and residence(s) of the child’s parents. It must also make the following allegations:

  1. The child is an at-risk youth;
  2. The petitioner has the right to legal custody of the child;
  3. Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and
  4. Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.4

§2c Where to File and Jurisdiction

The petition must be filed in the county where the petitioner resides.5 Juvenile court jurisdiction is invoked over an alleged at-risk youth by the filing of an ARY petition.6

§2d Department of Social and Health Services’ Assistance

When requested, the Department of Social and Health Services (DSHS) is required to assist in the parent’s filing of an ARY petition.7

§2e Family Assessments and Court’s Acceptance of Petition Filing

No superior court is permitted to refuse to accept for filing a properly completed and presented ARY petition. To be properly presented, the petitioner must verify that the family assessment required under RCW 13.32A.1508 has been completed. In the event of an improper refusal that is appealed and reversed, the petitioner will be awarded actual damages, costs, and attorneys’ fees.9 It is suggested that the court devise a practice to ensure a family assessment has been requested and/or provided at the time of the ARY petition filing. For example, Pierce County Superior Court has developed a practice in which the petitioner must provide a declaration stating his/her attempts to obtain a family assessment if one is not provided to the court upon the filing. Family assessments provide background information from DSHS as to what pre-filing services have been offered and/or provided by DSHS and other agencies, if any. Moreover, the family assessment is sometimes the only opportunity DSHS may have to assist the court in determining the propriety of granting an ARY petition. Because RCW 13.32A.170(2) requires the court’s consideration of the “Departmental recommendation for approval or dismissal of the petition,” and because RCW 13.32A.300 creates no entitlement to services unless recommended and available pursuant to DSHS’s input, query should be made by the court of DSHS’s recommendations if no Family Assessment was filed.

§3 Custody of Youth Pending At-Risk Youth Fact-Finding

Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in the home of his or her parent or in an out-of-home placement requested by the parent or child and approved by the parent.10 Where both a Child in Need of Services (CHINS) petition and an ARY petition have been, the petitions and proceedings shall be consolidated as an ARY petition. Pending a fact-finding hearing regarding the petition(s), the youth may be placed in the parent’s home or in an out-of-home placement if not already placed in a temporary out-of-home placement pursuant to the also-filed CHINS petition. The youth or the parent may request a review of the youth’s placement including a review of any court order requiring the youth to reside in the parent’s home.11

§4 Notice and Service 12

§4a Contents of Petition

Notice of the ARY petition must be given in accordance with JuCR 11.2, and it must include the following:

  1. A statement advising the parent of his or her right to be represented by an attorney at his or her own expense;
  2. A statement advising the parties of the legal consequences should the court find the child to be an at-risk youth;
  3. A statement advising the parties that they will be allowed to present evidence at the hearing on the petition.13

§4b Who Is Responsible for Providing Notice?

The requirements of service and notice of hearings and rights to be given to a youth who is subject to ARY proceedings are not specifically delineated by the statute. The only specific “notice” requirement is that under 13.32A.192(1)(d) and (e), the court is responsible for notifying the ARY parent and youth of certain rights. Because lawyers and judicial officers understand proper service and notice requirements under the Juvenile Court Rules, Court Rules, Local Rules, and other RCWs relating to civil actions in general, but most parents and other laypersons involved in these actions do not, courts should develop a local practice regarding service and notice that specifically address who is responsible for proper service of ARY documents upon a youth. Good practice dictates that such procedures should be provided to the petitioning party in writing.

§5 Court’s Responsibility Upon Filing

When a proper at-risk youth petition is filed by a child’s parent under this chapter, the juvenile court shall:

  1. Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than
  2. his or her parent’s home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent and the child of such date; child of such date;
  3. Notify the parent of the right to be represented by counsel at the parent’s own expense;
  4. Appoint legal counsel for the child;
  5. Inform the child and his or her parent of the legal consequences of the court finding the child to be an at-risk youth;
  6. Notify the parent and the child of their rights to present evidence at the fact-finding hearing.14

§6 At-Risk Youth Fact-Finding Hearing (RCW 13.32A.194)

Courts must hold a fact-finding hearing to consider an ARY petition. If the allegations in the petition are established by a preponderance of the evidence, the petition must be granted and an order must be entered finding that the child is an at-risk youth. The order must also include a requirement that the child shall reside in the home of his or her parent(s) or in an out-of-home placement as provided in RCW 13.32A.192(2).15

The court may also order DSHS to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the plan is ordered, DSHS must provide copies of the plan to the parent, the child, and the court. If the parties or the court want DSHS to be involved in any future proceedings or case plan development, DSHS should continue to receive timely notification of all court proceedings.16

Regardless of whether the court grants or denies the ARY petition, a written statement of the decisional reasons must be entered into the records. If the court denies the petition, it is required to verbally advise the parties that the child is required to remain within the care, custody, and control of his or her parent.17

§7 Disposition and Specialized Treatment Authority

A dispositional hearing may occur on the same day as the fact-finding hearing to reduce the number of court appearances, but it must be held no later than 14 days after the fact-finding hearing. Each party is required to be notified of the time and date of the hearing.18 DSHS may be given notice in accordance with JuCR 11.2.19

At the dispositional hearing, the court must consider the recommendations of the parties and the recommendations of any dispositional plan submitted by DSHS. The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.20 The court is also permitted to set conditions of supervision for the child that include regular school attendance, counseling, participation in a substance abuse or mental health outpatient treatment program, reporting on a regular basis to DSHS or any other designated person or agency, and any other condition the court deems an appropriate condition of supervision including but not limited to employment, participation in an anger management program, and refraining from using alcohol or drugs.21

No Involuntary Commitment.
The dispositional order or condition of supervision cannot include involuntary commitment of a child for substance abuse or mental health treatment.22 However, the court may find that the at-risk youth is not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment instead.

Specialized Treatment.
The court can order that the child be placed in a staff secure facility, other than a crisis residential center, that will provide for the child’s participation in a program designed to remedy his or her behavioral difficulties or needs.23 This order cannot be entered unless the court finds that the placement is clearly necessary to protect the child and that a less restrictive order would be inadequate to protect the child, given the child’s age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future exposure to serious risk should the child run away from home again.24 The order must also require periodic court review of the placement, with the first review hearing conducted not more than 30 days after the date of the placement. At each review hearing the court is required to advise the parents of their rights under RCW 13.32A.160(1), review the progress of the child, and determine whether the orders are still necessary for the protection of the child or a less restrictive placement would be adequate. The court shall modify its orders as it finds necessary to protect the child. Reviews of orders adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32A.198.25

Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of an at-risk youth as defined in RCW 13.32A.030.26 State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated to expressly pay for them.27

§8 Parents’ Responsibilities

The court may order the parent to participate in counseling services or any other services for the child requiring parental participation. The parent is required to cooperate with the court-ordered case plan and to take all necessary steps to help implement the case plan. Parents are also financially responsible for costs related to the court-ordered plan. However, this requirement will not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.28

§9 Review Hearings (RCW 13.32A.198)

Upon making a disposition regarding an adjudicated at-risk youth, the court is required to schedule the matter on the calendar for review within three months, advise the parties of the hearing date, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent’s own expense, and notify the parties of their rights to present evidence at the hearing. At the review hearing, the court must approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child. The court must also determine whether the parent and child are complying with the dispositional plan. If supervision is continued, the court may modify the dispositional plan.

Court supervision of the child may not be continued past 180 days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision. If the extension is agreed to, it cannot exceed 90 days.

§10 Contempt and Detention Review

In all ARY proceedings the court is required to verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to ARY proceedings. The court must treat the parents and the child equally for the purposes  of applying contempt of court processes and penalties unless specifically noted.29 For more concerning contempt and purge conditions, please refer to Chapter 10.

§11 Runaways and Harboring

 Runaways. Whenever the court finds that there is probable cause to believe, based upon consideration of a contempt motion and a supporting declaration/affidavit, that a child has violated a placement order, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the child’s admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.065.

Harboring Runaways.
RCW 13.32A.082 provides that

Any person who, without legal authorization, provides shelter to a minor and who knows at the time of providing the shelter that the minor is away from the parent’s home without the permission of the parent, or other lawfully prescribed residence, shall promptly report the location of the child to the parent, the law enforcement agency of the jurisdiction in which the person lives, or [DSHS]. The report may be made by telephone or any other reasonable means.

Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

  1. “Shelter” means the person’s home or any structure over which the person has any control.
  2. “Promptly report” means to report within eight hours after the person has knowledge that the minor is away from a lawfully prescribed residence or home without parental permission.

When [DSHS] receives a report under subsection 1) of this section, it shall make a good faith attempt to notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.

Penalty for Harboring.

RCW 13.32A080 provides that

A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent’s permission, and if the person intentionally:

  1. Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
  2. Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
  3. Obstructs a law enforcement officer from taking the minor into custody; or
  4. Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.Unlawful harboring of a minor is punishable as a gross misdemeanor.

Any person who provides shelter to a child, absent from home, may notify [DSHS’s] local community service office of the child’s presence.

An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

  1. Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
  2. Promoting prostitution as defined in chapter 9A.88 RCW; and
  3. Complicity of the adult in the crime of a minor, under RCW 9A.08.020.

 Immunity.
RCW 13.32A.070 provides that

1) A law enforcement officer acting in good faith pursuant to this chapter is immune from civil or criminal liability for such action.
2) A person with whom a child is placed pursuant to this chapter and who acts reasonably and in good faith is immune from civil or criminal liability for the act of receiving the child. The immunity does not release the person from liability under any other law.

§12 Dismissals

Parent-Requested Dismissals
The parent may request dismissal of an ARY proceeding or out-of-home placement at any time. Upon such a request, the court must dismiss the matter and cease court supervision of the child unless the following circumstances exist:

  1. A contempt action is pending in the case;
  2. A petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179; or
  3. An order has been entered under RCW 13.32A.179(3) and the court retains jurisdiction.

The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.30

Court Dismissals
The court may dismiss an ARY proceeding at any time if it finds good cause to believe that continuing supervision would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan. The court must dismiss an ARY youth proceeding if the child is the subject of a dependency proceeding.31

As stated previously, the court must also dismiss an ARY petition after 180 days from the day of the review hearing commenced unless supervision is extended for up to 90 days.32 Note that this extension does not apply to CHINS proceedings.

§13 No Entitlement to Services

RCW 13.32A.300 states that “[n]othing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision at public expense of services to any person or family where [DSHS] has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.”

Download this chapter: Chapter 25 – At Risk Youth (ARY)

ENDNOTES

  1. Renee Morioka earned her Bachelor of Arts in Criminal Justice and Philosophy from Seattle University in 1992. She attended Seattle University Law School between the years 1992–1995, and during that time clerked for the Washington State Office of the Attorney General as a law clerk for both the Labor and Industries Division in Tacoma, as well as the Fish and Wildlife Division in Olympia. She has been with the Office since September 1995 as an Assistant Attorney General representing the Department of Social and Health Services in the Tacoma Office. After more than four years on Pierce County’s dependency drug court team, Renee has returned to a dependency litigation caseload. She continues to be an active member of the Office’s Juvenile Litigation Training Committee, and the in-house specialist on Becca Bill and Special Immigrant Juvenile Status (SIJS) proceedings.
  2. RCW 13.32A.030(3).
  3. RCW 13.32A.191(1).
  4. RCW 13.32A.191(1). Concerning court intervention and its alternatives, please refer to Chapter 22 on the Family Reconciliation Act. Court intervention was intended by the legislature to be a second phase of intervention for a family in conflict.
  5. RCW 13.32A.191(1).
  6. JuCR 5A.1.
  7. RCW 13.32A.191(1).
  8. RCW 13.32A.150(1): Except as otherwise provided in this chapter, the juvenile court shall not accept the filing of a child-in-need-of-services petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that [DSHS] has completed a family assessment. The family assessment shall involve the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If [DSHS] is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed [with the CHINS petition or the ARY petition].
  9. RCW 13.32A.205.
  10. RCW 13.32A.192(2).
  11. RCW 13.32A.192(4).
  12. See RCW 13.32A.152(3). Notably, the sections of Chapter 13.32A relating to ARY cases do not have similar notification requirements for Indian children (as compared to CHINS proceedings). The Indian Child Welfare Act (ICWA) generally seeks to ensure that parents of Indian children have added procedural protections while also preventing the breakup of Indian families that occurs when Indian children are removed from the family home. While not specifically noted in the statutory history, the Legislature may not have felt tribal notification was necessary in ARY matters because only “parents” can seek court intervention in ARY matters whereas in CHINS cases, DSHS and/or a child may bring a CHINS petition that may affect parental rights with respect to that child. Additionally, because ARY matters (unlike CHINS) do not routinely involve out-of-home placement, the Legislature may not have felt the additional protections/notification requirements were necessary in ARY cases.
  13. See JuCR 5A.3.
  14. RCW 13.32A.192(1).
  15. See RCW 13.32A.194(1).
  16. RCW 13.32A.194(2).
  17. RCW 13.32A.194(3).
  18. See RCW 13.32A.196(1).
  19. JuCR 5A.5.
  20. RCW 13.32A.196(2).
  21. RCW 13.32A.196(3).
  22. RCW 13.32A.196(4).
  23. Concerning psychotropic medications, many questions/arguments appear before the court regarding psychotropic medications, including whether the court can order administration of such medications over the objections of a parent and/or child. Unfortunately, RCW Chapter 13.32A is silent on this specific issue. Furthermore, the issue is complicated because (1) the youth in these cases are often over the age of 12 and, as such, have the legal right to refuse administration of such medications absent a lawful court order; and (2) the statute’s legislative history clearly seeks to empower parents, so administration over a parent’s objection would run contrary to the stated legislative intent. Therefore, unless agreed to by the child’s parent, any order “requiring” the administration of psychotropic medications should probably follow procedures akin to the involuntary commitment statutes as a best court practice.
  24. See RCW 13.32A.197(1).
  25. RCW 13.32A.197(2).
  26. RCW 13.32A.197(3).
  27. RCW 13.32A.197(4).
  28. See RCW 13.32A.196(5).
  29. RCW 13.32A.250(1).
  30. RCW 13.32A.196(6).
  31. RCW 13.32A.198(4).
  32. RCW 13.32A.198(3).