1775-S3.SL (002).pdf

CERTIFICATION OF ENROLLMENT

ENGROSSED THIRD SUBSTITUTE HOUSE BILL 1775

Chapter 331, Laws of 2020

66th Legislature 2020 Regular Session

COMMERCIALLY SEXUALLY EXPLOITED CHILDREN

EFFECTIVE DATE: June 11, 2020—Except for sections 4, 5, and 6, which become effective January 1, 2024.

Passed by the House March 10, 2020 Yeas 97 Nays 0

LAURIE JINKINS

Speaker of the House of Representatives

Passed by the Senate March 6, 2020 Yeas 48 Nays 0

CYRUS HABIB

President of the Senate

CERTIFICATE

I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is

ENGROSSED THIRD SUBSTITUTE HOUSE

BILL 1775 as passed by the House of Representatives and the Senate on the dates hereon set forth.

BERNARD DEAN

Chief Clerk

Approved April 3, 2020 1:40 PM FILED

April 3, 2020

JAY INSLEE

Governor of the State of Washington

Secretary of State State of Washington

AN ACT Relating to commercially sexually exploited children;1 amending RCW 9A.88.030, 13.40.070, 13.40.213, 7.68.801, 43.185C.260,2 74.14B.070, and 74.15.020; adding new sections to chapter 7.68 RCW;3 creating a new section; providing an effective date; and providing an4 expiration date.5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6

NEW SECTION. Sec. 1. The legislature finds that commercial7 sexual exploitation of children is a severe form of human trafficking8 and a severe human rights and public health issue, leaving children9 at substantial risk of physical harm, substantial physical and10 emotional pain, and trauma. This trauma has a long-term impact on the11 social, emotional, and economic future of these children. The state12 shall provide a victim-centered, trauma-informed response to children13 who are exploited in this manner rather than treating them as14 criminals. The state shall also hold accountable the buyers and15 traffickers who exploit children.16

NEW SECTION. Sec. 2. A new section is added to chapter 7.68 RCW17 to read as follows:18

(1) Subject to the availability of amounts appropriated for this19 specific purpose, the department of children, youth, and families20

ENGROSSED THIRD SUBSTITUTE HOUSE BILL 1775

AS AMENDED BY THE SENATE

Passed Legislature - 2020 Regular Session

State of Washington 66th Legislature 2020 Regular Session By House Appropriations (originally sponsored by Representatives Orwall, Frame, Wylie, Gregerson, and Macri)

READ FIRST TIME 02/11/20.

p. 1 E3SHB 1775.SL jess.lewis Highlight shall administer funding for two receiving center programs for1 commercially sexually exploited children. One of these programs must2 be located west of the crest of the Cascade mountains and one of3 these programs must be located east of the crest of the Cascade4 mountains. Law enforcement and service providers may refer children5 to these programs or children may self-refer into these programs.6

(2) The receiving center programs established under this section7 shall:8

(a) Begin providing services by January 1, 2021;9

(b) Utilize existing facilities and not require the construction10 of new facilities; and11

(c) Provide ongoing case management for all children who are12 being served or were served by the programs.13

(3) The receiving centers established under this section shall:14

(a) Include a short-term evaluation function that is accessible15 twenty-four hours per day seven days per week that has the capacity16 to evaluate the immediate needs of commercially sexually exploited17 children ages twelve through seventeen and either meet those18 immediate needs or refer those children to the appropriate services;19

(b) Assess children for mental health and substance use disorder20 needs and provide appropriate referrals as needed; and21

(c) Provide individual and group counseling focused on developing22 and strengthening coping skills, and improving self-esteem and23 dignity.24

(4) The department of children, youth, and families shall:25

(a) Collect nonidentifiable demographic data of the children26 served by the programs established under this section;27

(b) Collect data regarding the locations that children exit to28 after being served by the programs; and29

(c) Report the data described in this subsection along with30 recommendations for modification or expansion of these programs to31 the relevant committees of the legislature by December 1, 2022.32

(5) For the purposes of this section, the following definitions33 apply:34

(a) "Receiving center" means a trauma-informed, secure location35 that meets the multidisciplinary needs of commercially sexually36 exploited children ages twelve through seventeen located in a37 behavioral health agency licensed or certified under RCW 71.24.037 to38 provide inpatient or residential treatment services; and39

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(b) "Short-term evaluation function" means a short-term emergency1 shelter that is accessible twenty-four hours per day seven days per2 week that has the capacity to evaluate the immediate needs of3 commercially sexually exploited children under age eighteen and4 either meet those immediate needs or refer those children to the5 appropriate services.6

(6)(a) The department of children, youth, and families, the7 department of health, and the division of behavioral health and8 recovery, shall meet to coordinate the implementation of receiving9 centers as provided for in this section, including developing10 eligibility criteria for serving commercially sexually exploited11 children that allows referral from service providers and prioritizes12 referral from law enforcement.13

(b) By December 1, 2020, and in compliance with RCW 43.01.036,14 the department of children, youth, and families shall submit a report15 to the governor and legislature summarizing the implementation plan16 and eligibility criteria as described in (a)of this subsection, and17 provide any additional policy recommendations regarding receiving18 centers as it deems necessary.19

NEW SECTION. Sec. 3. A new section is added to chapter 7.68 RCW20 to read as follows:21

(1) The following individuals or entities may refer a child to22 receiving centers as defined in section 2 of this act:23

(a) Law enforcement, who shall:24

(i) Transport a child eligible for receiving center services to a25 receiving center; or26

(ii) Coordinate transportation with a liaison dedicated to27 serving commercially sexually exploited children established under28 RCW 74.14B.070 or a community service provider;29

(b) The department of children, youth, and families;30

(c) Juvenile courts;31

(d) Community service providers;32

(e) A parent or guardian; and33

(f) A child may self-refer.34

(2) Eligibility for placement in a receiving center is children35 ages twelve through seventeen, of all genders, who have been, or are36 at risk for being commercially sexually exploited.37

p. 3 E3SHB 1775.SL jess.lewis Highlight

Sec. 4. RCW 9A.88.030 and 1988 c 145 s 16 are each amended to1 read as follows:2

(1) A person age eighteen or older is guilty of prostitution if3 such person engages or agrees or offers to engage in sexual conduct4 with another person in return for a fee.5

(2) For purposes of this section, "sexual conduct" means "sexual6 intercourse" or "sexual contact," both as defined in chapter 9A.447

RCW.8

(3) Prostitution is a misdemeanor.9

Sec. 5. RCW 13.40.070 and 2019 c 128 s 8 are each amended to10 read as follows:11

(1) Complaints referred to the juvenile court alleging the12 commission of an offense shall be referred directly to the13 prosecutor. The prosecutor, upon receipt of a complaint, shall screen14 the complaint to determine whether:15

(a) The alleged facts bring the case within the jurisdiction of16 the court; and17

(b) On a basis of available evidence there is probable cause to18 believe that the juvenile did commit the offense.19

(2) If the identical alleged acts constitute an offense under20 both the law of this state and an ordinance of any city or county of21 this state, state law shall govern the prosecutor's screening and22 charging decision for both filed and diverted cases.23

(3) If the requirements of subsection (1)(a) and (b) of this24 section are met, the prosecutor shall either file an information in25 juvenile court or divert the case, as set forth in subsections (5),26 (6), and (8) of this section. If the prosecutor finds that the27 requirements of subsection (1)(a) and (b) of this section are not28 met, the prosecutor shall maintain a record, for one year, of such29 decision and the reasons therefor. In lieu of filing an information30 or diverting an offense a prosecutor may file a motion to modify31 community supervision where such offense constitutes a violation of32 community supervision.33

(4) An information shall be a plain, concise, and definite34 written statement of the essential facts constituting the offense35 charged. It shall be signed by the prosecuting attorney and conform36 to chapter 10.37 RCW.37

(5) The prosecutor shall file an information with the juvenile38 court if (a) an alleged offender is accused of an offense that is39

p. 4 E3SHB 1775.SL defined as a sex offense or violent offense under RCW 9.94A.030,1 other than assault in the second degree or robbery in the second2 degree; or (b) an alleged offender has been referred by a diversion3 unit for prosecution or desires prosecution instead of diversion.4

(6) Where a case is legally sufficient the prosecutor shall5 divert the case if the alleged offense is a misdemeanor or gross6 misdemeanor or violation and the alleged offense is the offender's7 first offense or violation. If the alleged offender is charged with a8 related offense that may be filed under subsections (5) and (8) of9 this section, a case under this subsection may also be filed.10

(7) Where a case is legally sufficient to charge an alleged11 offender with:12

(a) ((Either prostitution or prostitution)) Prostitution13 loitering and the alleged offense is the offender's first14 ((prostitution or)) prostitution loitering offense, the prosecutor15 shall divert the case;16

(b) Voyeurism in the second degree, the offender is under17 seventeen years of age, and the alleged offense is the offender's18 first voyeurism in the second degree offense, the prosecutor shall19 divert the case, unless the offender has received two diversions for20 any offense in the previous two years;21

(c) Minor selling depictions of himself or herself engaged in22 sexually explicit conduct under RCW 9.68A.053(5) and the alleged23 offense is the offender's first violation of RCW 9.68A.053(5), the24 prosecutor shall divert the case; or25

(d) A distribution, transfer, dissemination, or exchange of26 sexually explicit images of other minors thirteen years of age or27 older offense as provided in RCW 9.68A.053(1) and the alleged offense28 is the offender's first violation of RCW 9.68A.053(1), the prosecutor29 shall divert the case.30

(8) Where a case is legally sufficient and falls into neither31 subsection (5) nor (6) of this section, it may be filed or diverted.32 In deciding whether to file or divert an offense under this section33 the prosecutor may be guided by the length, seriousness, and recency34 of the alleged offender's criminal history and the circumstances35 surrounding the commission of the alleged offense.36

(9) Whenever a juvenile is placed in custody or, where not placed37 in custody, referred to a diversion interview, the parent or legal38 guardian of the juvenile shall be notified as soon as possible39 concerning the allegation made against the juvenile and the current40

p. 5 E3SHB 1775.SL status of the juvenile. Where a case involves victims of crimes1 against persons or victims whose property has not been recovered at2 the time a juvenile is referred to a diversion unit, the victim shall3 be notified of the referral and informed how to contact the unit.4

(10) The responsibilities of the prosecutor under subsections (1)5 through (9) of this section may be performed by a juvenile court6 probation counselor for any complaint referred to the court alleging7 the commission of an offense which would not be a felony if committed8 by an adult, if the prosecutor has given sufficient written notice to9 the juvenile court that the prosecutor will not review such10 complaints.11

(11) The prosecutor, juvenile court probation counselor, or12 diversion unit may, in exercising their authority under this section13 or RCW 13.40.080, refer juveniles to community-based programs,14 restorative justice programs, mediation, or victim offender15 reconciliation programs. Such mediation or victim offender16 reconciliation programs shall be voluntary for victims.17

(12) Prosecutors and juvenile courts are encouraged to engage18 with and partner with community-based programs to expand, improve,19 and increase options to divert youth from formal processing in20 juvenile court. Nothing in this chapter should be read to limit21 partnership with community-based programs to create diversion22 opportunities for juveniles.23

Sec. 6. RCW 13.40.213 and 2010 c 289 s 8 are each amended to24 read as follows:25

(1) When a juvenile is alleged to have committed ((the offenses26 of prostitution or)) a prostitution loitering offense, and the27 allegation, if proved, would not be the juvenile's first offense, a28 prosecutor may divert the offense if the county in which the offense29 is alleged to have been committed has a comprehensive program that30 provides:31

(a) Safe and stable housing;32

(b) Comprehensive on-site case management;33

(c) Integrated mental health and chemical dependency services,34 including specialized trauma recovery services;35

(d) Education and employment training delivered on-site; and36

(e) Referrals to off-site specialized services, as appropriate.37

(2) A prosecutor may divert a case for ((prostitution or))38 prostitution loitering into the comprehensive program described in39

p. 6 E3SHB 1775.SL this section, notwithstanding the filing criteria set forth in RCW1 13.40.070(5).2

(3) A diversion agreement under this section may extend to twelve3 months.4

(4)(a) The administrative office of the courts shall compile data5 regarding:6

(i) The number of juveniles whose cases are diverted into the7 comprehensive program described in this section;8

(ii) Whether the juveniles complete their diversion agreements9 under this section; and10

(iii) Whether juveniles whose cases have been diverted under this11 section have been subsequently arrested or committed subsequent12 offenses.13

(b) An annual report of the data compiled shall be provided to14 the governor and the appropriate committee of the legislature. ((The15 first report is due by November 1, 2010.))16

Sec. 7. RCW 7.68.801 and 2018 c 58 s 65 are each amended to read17 as follows:18

(1) The commercially sexually exploited children statewide19 coordinating committee is established to address the issue of20 children who are commercially sexually exploited, to examine the21 practices of local and regional entities involved in addressing22 sexually exploited children, and to make recommendations on statewide23 laws and practices.24

(2) The committee is convened by the office of the attorney25 general with the department of commerce assisting with agenda26 planning and administrative and clerical support. The committee27 consists of the following members:28

(a) One member from each of the two largest caucuses of the house29 of representatives appointed by the speaker of the house;30

(b) One member from each of the two largest caucuses of the31 senate appointed by the ((speaker)) president of the senate;32

(c) A representative of the governor's office appointed by the33 governor;34

(d) The secretary of the department of children, youth, and35 families or his or her designee;36

(e) The secretary of the juvenile rehabilitation administration37 or his or her designee;38

(f) The attorney general or his or her designee;39

p. 7 E3SHB 1775.SL

(g) The superintendent of public instruction or his or her1 designee;2

(h) A representative of the administrative office of the courts3 appointed by the administrative office of the courts;4

(i) The executive director of the Washington association of5 sheriffs and police chiefs or his or her designee;6

(j) The executive director of the Washington state criminal7 justice training commission or his or her designee;8

(k) A representative of the Washington association of prosecuting9 attorneys appointed by the association;10

(l) The executive director of the office of public defense or his11 or her designee;12

(m) Three representatives of community service providers that13 provide direct services to commercially sexually exploited children14 appointed by the attorney general;15

(n) Two representatives of nongovernmental organizations familiar16 with the issues affecting commercially sexually exploited children17 appointed by the attorney general;18

(o) The president of the superior court judges' association or19 his or her designee;20

(p) The president of the juvenile court administrators or his or21 her designee;22

(q) Any existing chairs of regional task forces on commercially23 sexually exploited children;24

(r) A representative from the criminal defense bar;25

(s) A representative of the center for children and youth26 justice;27

(t) A representative from the office of crime victims advocacy;28

(u) The executive director of the Washington coalition of sexual29 assault programs;30

(v) The executive director of the statewide organization31 representing children's advocacy centers or his or her designee;32

(w) A representative of an organization that provides inpatient33 chemical dependency treatment to youth, appointed by the attorney34 general;35

(((w))) (x) A representative of an organization that provides36 mental health treatment to youth, appointed by the attorney general;37 and38

(((x))) (y) A survivor of human trafficking, appointed by the39 attorney general.40

p. 8 E3SHB 1775.SL

(3) The duties of the committee include, but are not limited to:1

(a) Overseeing and reviewing the implementation of the Washington2 state model protocol for commercially sexually exploited children at3 task force sites;4

(b) Receiving reports and data from local and regional entities5 regarding the incidence of commercially sexually exploited children6 in their areas as well as data information regarding perpetrators,7 geographic data and location trends, and any other data deemed8 relevant;9

(c) Receiving reports on local coordinated community response10 practices and results of the community responses;11

(d) Reviewing recommendations from local and regional entities12 regarding policy and legislative changes that would improve the13 efficiency and effectiveness of local response practices;14

(e) Making recommendations regarding policy and legislative15 changes that would improve the effectiveness of the state's response16 to and promote best practices for suppression of the commercial17 sexual exploitation of children;18

(f) Making recommendations regarding data collection useful to19 understanding or addressing the problem of commercially sexually20 exploited children;21

(g) Reviewing and making recommendations regarding strategic22 local investments or opportunities for federal and state funding to23 address the commercial sexual exploitation of children;24

(h) Reviewing the extent to which chapter 289, Laws of 201025 (Engrossed Substitute Senate Bill No. 6476) is understood and applied26 by enforcement authorities; ((and))27

(i) Researching any barriers that exist to full implementation of28 chapter 289, Laws of 2010 (Engrossed Substitute Senate Bill No. 6476)29 throughout the state;30

(j) Convening a meeting and providing recommendations required31 under section 11 of this act; and32

(k) Compiling data on the number of juveniles believed to be33 victims of sexual exploitation taken into custody under RCW34 43.185C.260.35

(4) The committee must meet no less than annually.36

(5) The committee shall annually report its findings and37 recommendations to the appropriate committees of the legislature and38 to any other known statewide committees addressing trafficking or the39 commercial sex trade.40

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(6) This section expires June 30, 2023.1

Sec. 8. RCW 43.185C.260 and 2019 c 312 s 15 are each amended to2 read as follows:3

(1) A law enforcement officer shall take a child into custody:4

(a) If a law enforcement agency has been contacted by the parent5 of the child that the child is absent from parental custody without6 consent; or7

(b) If a law enforcement officer reasonably believes, considering8 the child's age, the location, and the time of day, that a child is9 in circumstances which constitute a danger to the child's safety or10 that a child is violating a local curfew ordinance; or11

(c) If an agency legally charged with the supervision of a child12 has notified a law enforcement agency that the child has run away13 from placement.14

(2) Law enforcement custody shall not extend beyond the amount of15 time reasonably necessary to transport the child to a destination16 authorized by law and to place the child at that destination. Law17 enforcement custody continues until the law enforcement officer18 transfers custody to a person, agency, or other authorized entity19 under this chapter, or releases the child because no placement is20 available. Transfer of custody is not complete unless the person,21 agency, or entity to whom the child is released agrees to accept22 custody.23

(3) If a law enforcement officer takes a child into custody24 pursuant to either subsection (1)(a) or (b) of this section and25 transports the child to a crisis residential center, the officer26 shall, within twenty-four hours of delivering the child to the27 center, provide to the center a written report detailing the reasons28 the officer took the child into custody. The center shall provide the29 department of children, youth, and families with a copy of the30 officer's report if the youth is in the care of or receiving services31 from the department of children, youth, and families.32

(4) If the law enforcement officer who initially takes the33 juvenile into custody or the staff of the crisis residential center34 have reasonable cause to believe that the child is absent from home35 because he or she is abused or neglected, a report shall be made36 immediately to the department of children, youth, and families.37

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(5) Nothing in this section affects the authority of any1 political subdivision to make regulations concerning the conduct of2 minors in public places by ordinance or other local law.3

(6) If a law enforcement officer has a reasonable suspicion that4 a child is being unlawfully harbored in violation of RCW 13.32A.080,5 the officer shall remove the child from the custody of the person6 harboring the child and shall transport the child to one of the7 locations specified in RCW 43.185C.265.8

(7) If a law enforcement officer takes a juvenile into custody9 pursuant to subsection (1)(b) of this section and reasonably believes10 that the juvenile may be the victim of sexual exploitation, the11 officer shall:12

(a) Transport the child to:13

(i) An evaluation and treatment facility as defined in RCW14

71.34.020, including the receiving centers established in section 215 of this act, for purposes of evaluation for behavioral health16 treatment authorized under chapter 71.34 RCW, including adolescent-17 initiated treatment, family-initiated treatment, or involuntary18 treatment; or19

(ii) Another appropriate youth-serving entity or organization20 including, but not limited to:21

(A) A HOPE Center as defined under RCW 43.185C.010;22

(B) A foster-family home as defined under RCW 74.15.020;23

(C) A crisis residential center as defined under RCW 43.185C.010;24 or25

(D) A community-based program that has expertise working with26 adolescents in crisis; or27

(b) Coordinate transportation to one of the locations identified28 in (a) of this subsection, with a liaison dedicated to serving29 commercially sexually exploited children established under RCW30 74.14B.070 or a community service provider.31

(8) Law enforcement shall have the authority to take into32 protective custody a child who is or is attempting to engage in33 sexual conduct with another person for money or anything of value for34 purposes of investigating the individual or individuals who may be35 exploiting the child and deliver the child to an evaluation and36 treatment facility as defined in RCW 71.34.020, including the37 receiving centers established in section 2 of this act, for purposes38 of evaluation for behavioral health treatment authorized under39

p. 11 E3SHB 1775.SL jess.lewis Highlight chapter 71.34 RCW, including adolescent-initiated treatment, family-1 initiated treatment, or involuntary treatment.2

(9) No child may be placed in a secure facility except as3 provided in this chapter.4

Sec. 9. RCW 74.14B.070 and 2017 3rd sp.s. c 6 s 508 are each5 amended to read as follows:6

(1) The department shall, subject to available funds, establish a7 system of early identification and referral to treatment of child8 victims of sexual assault or sexual abuse. The system shall include9 schools, physicians, sexual assault centers, domestic violence10 centers, child protective services, and foster parents. A mechanism11 shall be developed to identify communities that have experienced12 success in this area and share their expertise and methodology with13 other communities statewide.14

(2) The department shall provide services to support children it15 suspects have been commercially sexually exploited. The child may16 decide whether to voluntarily engage in the services offered by the17 department.18

(a) To provide services supporting children it suspects have been19 commercially sexually exploited, the department may provide:20

(i) At least one liaison position in each region of the21 department where receiving center programs are established under22 section 2 of this act who are dedicated to serving commercially23 sexually exploited children and who report directly to the statewide24 program manager under (a)(ii) of this subsection;25

(ii) One statewide program manager;26

(iii) A designated person responsible for supporting commercially27 sexually exploited children, who may be assigned other duties in28 addition to this responsibility, in regions of the department where29 there is not a dedicated liaison position as identified under (a)(i)30 of this subsection; and31

(iv) Coordinate appropriate, available, community-based services32 for children following discharge from an evaluation and treatment33 facility as defined in RCW 71.34.020, including the receiving centers34 established in section 2 of this act.35

(b) The department shall collect nonidentifiable data regarding36 the number of commercially sexually exploited children, including37 reports of commercially sexually exploited children received from law38 enforcement under chapter 26.44 RCW.39

p. 12 E3SHB 1775.SL jess.lewis Highlight jess.lewis Highlight jess.lewis Highlight

(3) The department shall provide an annual report to the1 commercially sexually exploited children statewide coordinating2 committee established under RCW 7.68.801 by December 1st that3 includes:4

(a) A description of services provided by the department to5 commercially sexually exploited children; and6

(b) Nonidentifiable data regarding the number of commercially7 sexually exploited children.8

(4) The department may solicit and accept gifts, grants,9 conveyances, bequests, and devices for supporting the purposes of10 this section.11

(5) Nothing in this section shall be construed to create a12 private right of action against the department for failure to13 identify, offer, or provide services.14

(6) The department shall convene a work group to study, analyze,15 and issue recommendations regarding how decriminalizing prostitution16 and prostitution loitering for persons under eighteen will impact law17 enforcement and prosecutor efforts and ability to discover and access18 the victim's cell phone records to aid in prosecution of the19 perpetrator or abuser. The work group must issue recommendations to20 appropriate committees of the legislature by October 31, 2021.21

Sec. 10. RCW 74.15.020 and 2019 c 172 s 10 are each amended to22 read as follows:23

The definitions in this section apply throughout this chapter and24 RCW 74.13.031 unless the context clearly requires otherwise.25

(1) "Agency" means any person, firm, partnership, association,26 corporation, or facility which receives children, expectant mothers,27 or persons with developmental disabilities for control, care, or28 maintenance outside their own homes, or which places, arranges the29 placement of, or assists in the placement of children, expectant30 mothers, or persons with developmental disabilities for foster care31 or placement of children for adoption, and shall include the32 following irrespective of whether there is compensation to the agency33 or to the children, expectant mothers, or persons with developmental34 disabilities for services rendered:35

(a) "Child-placing agency" means an agency which places a child36 or children for temporary care, continued care, or for adoption;37

(b) "Community facility" means a group care facility operated for38 the care of juveniles committed to the department under RCW39

p. 13 E3SHB 1775.SL

13.40.185. A county detention facility that houses juveniles1 committed to the department under RCW 13.40.185 pursuant to a2 contract with the department is not a community facility;3

(c) "Crisis residential center" means an agency which is a4 temporary protective residential facility operated to perform the5 duties specified in chapter 13.32A RCW, in the manner provided in RCW6 43.185C.295 through 43.185C.310;7

(d) "Emergency respite center" is an agency that may be commonly8 known as a crisis nursery, that provides emergency and crisis care9 for up to seventy-two hours to children who have been admitted by10 their parents or guardians to prevent abuse or neglect. Emergency11 respite centers may operate for up to twenty-four hours a day, and12 for up to seven days a week. Emergency respite centers may provide13 care for children ages birth through seventeen, and for persons14 eighteen through twenty with developmental disabilities who are15 admitted with a sibling or siblings through age seventeen. Emergency16 respite centers may not substitute for crisis residential centers or17 HOPE centers, or any other services defined under this section, and18 may not substitute for services which are required under chapter19 13.32A or 13.34 RCW;20

(e) "Foster-family home" means an agency which regularly provides21 care on a twenty-four hour basis to one or more children, expectant22 mothers, or persons with developmental disabilities in the family23 abode of the person or persons under whose direct care and24 supervision the child, expectant mother, or person with a25 developmental disability is placed;26

(f) "Group-care facility" means an agency, other than a foster-27 family home, which is maintained and operated for the care of a group28 of children on a twenty-four hour basis. "Group care facility"29 includes but is not limited to:30

(i) Qualified residential treatment programs as defined in RCW31 13.34.030;32

(ii) Facilities specializing in providing prenatal, postpartum,33 or parenting supports for youth; and34

(iii) Facilities providing high-quality residential care and35 supportive services to children who are, or who are at risk of36 becoming, victims of sex trafficking;37

(g) "HOPE center" means an agency licensed by the secretary to38 provide temporary residential placement and other services to street39 youth. A street youth may remain in a HOPE center for thirty days40

p. 14 E3SHB 1775.SL while services are arranged and permanent placement is coordinated.1 No street youth may stay longer than thirty days unless approved by2 the department and any additional days approved by the department3 must be based on the unavailability of a long-term placement option.4 A street youth whose parent wants him or her returned to home may5 remain in a HOPE center until his or her parent arranges return of6 the youth, not longer. All other street youth must have court7 approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center8 up to thirty days;9

(h) "Maternity service" means an agency which provides or10 arranges for care or services to expectant mothers, before or during11 confinement, or which provides care as needed to mothers and their12 infants after confinement;13

(i) "Resource and assessment center" means an agency that14 provides short-term emergency and crisis care for a period up to15 seventy-two hours, excluding Saturdays, Sundays, and holidays to16 children who have been removed from their parent's or guardian's care17 by child protective services or law enforcement;18

(j) "Responsible living skills program" means an agency licensed19 by the secretary that provides residential and transitional living20 services to persons ages sixteen to eighteen who are dependent under21 chapter 13.34 RCW and who have been unable to live in his or her22 legally authorized residence and, as a result, the minor lived23 outdoors or in another unsafe location not intended for occupancy by24 the minor. Dependent minors ages fourteen and fifteen may be eligible25 if no other placement alternative is available and the department26 approves the placement;27

(k) "Service provider" means the entity that operates a community28 facility.29

(2) "Agency" shall not include the following:30

(a) Persons related to the child, expectant mother, or person31 with developmental disability in the following ways:32

(i) Any blood relative, including those of half-blood, and33 including first cousins, second cousins, nephews or nieces, and34 persons of preceding generations as denoted by prefixes of grand,35 great, or great-great;36

(ii) Stepfather, stepmother, stepbrother, and stepsister;37

(iii) A person who legally adopts a child or the child's parent38 as well as the natural and other legally adopted children of such39

p. 15 E3SHB 1775.SL persons, and other relatives of the adoptive parents in accordance1 with state law;2

(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of3 this subsection (2), even after the marriage is terminated;4

(v) Relatives, as named in (a)(i), (ii), (iii), or (iv) of this5 subsection (2), of any half sibling of the child; or6

(vi) Extended family members, as defined by the law or custom of7 the Indian child's tribe or, in the absence of such law or custom, a8 person who has reached the age of eighteen and who is the Indian9 child's grandparent, aunt or uncle, brother or sister, brother-in-law10 or sister-in-law, niece or nephew, first or second cousin, or11 stepparent who provides care in the family abode on a twenty-four-12 hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);13

(b) Persons who are legal guardians of the child, expectant14 mother, or persons with developmental disabilities;15

(c) Persons who care for a neighbor's or friend's child or16 children, with or without compensation, where the parent and person17 providing care on a twenty-four-hour basis have agreed to the18 placement in writing and the state is not providing any payment for19 the care;20

(d) A person, partnership, corporation, or other entity that21 provides placement or similar services to exchange students or22 international student exchange visitors or persons who have the care23 of an exchange student in their home;24

(e) A person, partnership, corporation, or other entity that25 provides placement or similar services to international children who26 have entered the country by obtaining visas that meet the criteria27 for medical care as established by the United States citizenship and28 immigration services, or persons who have the care of such an29 international child in their home;30

(f) Schools, including boarding schools, which are engaged31 primarily in education, operate on a definite school year schedule,32 follow a stated academic curriculum, accept only school-age children33 and do not accept custody of children;34

(g) Hospitals licensed pursuant to chapter 70.41 RCW when35 performing functions defined in chapter 70.41 RCW, nursing homes36 licensed under chapter 18.51 RCW and assisted living facilities37 licensed under chapter 18.20 RCW;38

(h) Licensed physicians or lawyers;39

(i) Facilities approved and certified under chapter 71A.22 RCW;40

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(j) Any agency having been in operation in this state ten years1 prior to June 8, 1967, and not seeking or accepting moneys or2 assistance from any state or federal agency, and is supported in part3 by an endowment or trust fund;4

(k) Persons who have a child in their home for purposes of5 adoption, if the child was placed in such home by a licensed child-6 placing agency, an authorized public or tribal agency or court or if7 a replacement report has been filed under chapter 26.33 RCW and the8 placement has been approved by the court;9

(l) An agency operated by any unit of local, state, or federal10 government or an agency licensed by an Indian tribe pursuant to RCW11 74.15.190;12

(m) A maximum or medium security program for juvenile offenders13 operated by or under contract with the department;14

(n) An agency located on a federal military reservation, except15 where the military authorities request that such agency be subject to16 the licensing requirements of this chapter;17

(o) A host home program, and host home, operated by a tax exempt18 organization for youth not in the care of or receiving services from19 the department, if that program: (i) Recruits and screens potential20 homes in the program, including performing background checks on21 individuals over the age of eighteen residing in the home through the22 Washington state patrol or equivalent law enforcement agency and23 performing physical inspections of the home; (ii) screens and24 provides case management services to youth in the program; (iii)25 obtains a notarized permission slip or limited power of attorney from26 the parent or legal guardian of the youth authorizing the youth to27 participate in the program and the authorization is updated every six28 months when a youth remains in a host home longer than six months;29

(iv) obtains insurance for the program through an insurance provider30 authorized under Title 48 RCW; (v) provides mandatory reporter and31 confidentiality training; and (vi) registers with the secretary of32 state as provided in RCW 24.03.550. A host home is a private home33 that volunteers to host youth in need of temporary placement that is34 associated with a host home program. Any host home program that35 receives local, state, or government funding shall report the36 following information to the office of homeless youth prevention and37 protection programs annually by December 1st of each year: The number38 of children the program served, why the child was placed with a host39 home, and where the child went after leaving the host home, including40

p. 17 E3SHB 1775.SL but not limited to returning to the parents, running away, reaching1 the age of majority, or becoming a dependent of the state. A host2 home program shall not receive more than one hundred thousand dollars3 per year of public funding, including local, state, and federal4 funding. A host home shall not receive any local, state, or5 government funding;6

(p) Receiving centers as defined in section 2 of this act.7

(3) "Department" means the department of children, youth, and8 families.9

(4) "Juvenile" means a person under the age of twenty-one who has10 been sentenced to a term of confinement under the supervision of the11 department under RCW 13.40.185.12

(5) "Performance-based contracts" or "contracting" means the13 structuring of all aspects of the procurement of services around the14 purpose of the work to be performed and the desired results with the15 contract requirements set forth in clear, specific, and objective16 terms with measurable outcomes. Contracts may also include provisions17 that link the performance of the contractor to the level and timing18 of the reimbursement.19

(6) "Probationary license" means a license issued as a20 disciplinary measure to an agency that has previously been issued a21 full license but is out of compliance with licensing standards.22

(7) "Requirement" means any rule, regulation, or standard of care23 to be maintained by an agency.24

(8) "Secretary" means the secretary of the department.25

(9) "Street youth" means a person under the age of eighteen who26 lives outdoors or in another unsafe location not intended for27 occupancy by the minor and who is not residing with his or her parent28 or at his or her legally authorized residence.29

(10) "Transitional living services" means at a minimum, to the30 extent funds are available, the following:31

(a) Educational services, including basic literacy and32 computational skills training, either in local alternative or public33 high schools or in a high school equivalency program that leads to34 obtaining a high school equivalency degree;35

(b) Assistance and counseling related to obtaining vocational36 training or higher education, job readiness, job search assistance,37 and placement programs;38

(c) Counseling and instruction in life skills such as money39 management, home management, consumer skills, parenting, health care,40

p. 18 E3SHB 1775.SL access to community resources, and transportation and housing1 options;2

(d) Individual and group counseling; and3

(e) Establishing networks with federal agencies and state and4 local organizations such as the United States department of labor,5 employment and training administration programs including the6 workforce innovation and opportunity act which administers private7 industry councils and the job corps; vocational rehabilitation; and8 volunteer programs.9

NEW SECTION. Sec. 11. A new section is added to chapter 7.6810 RCW to read as follows:11

(1) By September 1, 2020, the statewide coordinating committee12 shall convene a meeting related to the role that child advocacy13 centers have in responding to and supporting commercially sexually14 exploited children.15

(a) The meeting required under this subsection must include16 representatives from child advocacy centers.17

(b) By October 1, 2020, the department must provide a report to18 the statewide coordinating committee that includes:19

(i) An inventory of the number and location of child advocacy20 centers in the state; and21

(ii) A description of the services provided by each of the child22 advocacy centers in the state.23

(2) By December 1, 2020, and in compliance with RCW 43.01.036,24 the statewide coordinating committee must provide a report to the25 relevant committees of the legislature that includes:26

(a) An inventory of the number and location of child advocacy27 centers in the state;28

(b) A description of the services provided by each of the child29 advocacy centers in the state;30

(c) Recommendations for expanded use of child advocacy centers in31 providing additional services for commercially sexually exploited32 children; and33

(d) Recommendations for ensuring that child advocacy centers34 connect commercially sexually exploited children with available35 services in the community.36

(3) For purposes of this section:37

(a) "Child advocacy center" has the same meaning as the38 definition provided under RCW 26.44.020.39

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(b) "Department" means the department of commerce.1

(c) "Statewide coordinating committee" means the commercially2 sexually exploited children statewide coordinating committee3 established under RCW 7.68.801.4

(4) This section expires June 30, 2021.5

NEW SECTION. Sec. 12. Sections 4, 5, and 6 of this act take6 effect January 1, 2024.7

Passed by the House March 10, 2020.

Passed by the Senate March 6, 2020.

Approved by the Governor April 3, 2020.

Filed in Office of Secretary of State April 3, 2020.

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