Text of WA SB 5599 (2023)

AN ACT Relating to supporting youth and young adults seeking 1 protected health care services; amending RCW 13.32A.082 and 2 74.15.020; adding a new section to chapter 43.330 RCW; and making an 3 appropriation. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 Sec. 1. RCW 13.32A.082 and 2013 c 4 s 2 are each amended to read 6 as follows: 7 (1)(a) Except as provided in (b) of this subsection, any person, 8 unlicensed youth shelter, or runaway and homeless youth program that, 9 without legal authorization, provides shelter to a minor and that 10 knows at the time of providing the shelter that the minor is away 11 from a lawfully prescribed residence or home without parental 12 permission, shall promptly report the location of the child to the 13 parent, the law enforcement agency of the jurisdiction in which the 14 person lives, or the department, unless a compelling reason applies 15 as defined in subsection (2) of this section. 16 (b)(i) If a licensed overnight youth shelter, or another licensed 17 organization with a stated mission to provide services to homeless or 18 runaway youth and their families, shelters a child and knows at the 19 time of providing the shelter that the child is away from a lawfully 20 prescribed residence or home without parental permission, it must 21 S-0828.2 SENATE BILL 5599 State of Washington 68th Legislature 2023 Regular Session By Senators Liias and C. Wilson p. 1 SB 5599 contact the youth's parent within seventy-two hours, but preferably 1 within twenty-four hours, following the time that the youth is 2 admitted to the shelter or other licensed organization's program. The 3 notification must include the whereabouts of the youth, a description 4 of the youth's physical and emotional condition, and the 5 circumstances surrounding the youth's contact with the shelter or 6 organization. If there are compelling reasons not to notify the 7 parent, the shelter or organization must instead notify the 8 department. 9 (ii) At least once every eight hours after learning that a youth 10 receiving services or shelter under this section is away from home 11 without permission, the shelter or organization staff must consult 12 the information that the Washington state patrol makes publicly 13 available under RCW 43.43.510(2). If the youth is publicly listed as 14 missing, the shelter or organization must immediately notify the 15 department of its contact with the youth listed as missing. The 16 notification must include a description of the minor's physical and 17 emotional condition and the circumstances surrounding the youth's 18 contact with the shelter or organization. 19 (c) Reports required under this section may be made by telephone 20 or any other reasonable means. 21 (2) Unless the context clearly requires otherwise, the 22 definitions in this subsection apply throughout this section. 23 (a) "Shelter" means the person's home or any structure over which 24 the person has any control. 25 (b) "Promptly report" means to report within eight hours after 26 the person has knowledge that the minor is away from a lawfully 27 prescribed residence or home without parental permission. 28 (c) "Compelling reasons" include, but are not limited to((, 29 circumstances)): 30 (i) Circumstances that indicate that notifying the parent or 31 legal guardian will subject the minor to abuse or neglect as defined 32 in RCW 26.44.020; or 33 (ii) When a minor is seeking or receiving protected health care 34 services. 35 (d) "Protected health care services" has the same meaning as 36 provided in chapter . . ., Laws of 2023(Senate Bill No. 5489). 37 (3) When the department receives a report under subsection (1) of 38 this section, it shall make a good faith attempt to notify the parent 39 p. 2 SB 5599 that a report has been received and offer services designed to 1 resolve the conflict and accomplish a reunification of the family. 2 (4) Nothing in this section prohibits any person, unlicensed 3 youth shelter, or runaway and homeless youth program from immediately 4 reporting the identity and location of any minor who is away from a 5 lawfully prescribed residence or home without parental permission 6 more promptly than required under this section. 7 Sec. 2. RCW 74.15.020 and 2021 c 176 s 5239 are each amended to 8 read as follows: 9 The definitions in this section apply throughout this chapter and 10 RCW 74.13.031 unless the context clearly requires otherwise. 11 (1) "Agency" means any person, firm, partnership, association, 12 corporation, or facility which receives children, expectant mothers, 13 or persons with developmental disabilities for control, care, or 14 maintenance outside their own homes, or which places, arranges the 15 placement of, or assists in the placement of children, expectant 16 mothers, or persons with developmental disabilities for foster care 17 or placement of children for adoption, and shall include the 18 following irrespective of whether there is compensation to the agency 19 or to the children, expectant mothers, or persons with developmental 20 disabilities for services rendered: 21 (a) "Child-placing agency" means an agency which places a child 22 or children for temporary care, continued care, or for adoption; 23 (b) "Community facility" means a group care facility operated for 24 the care of juveniles committed to the department under RCW 25 13.40.185. A county detention facility that houses juveniles 26 committed to the department under RCW 13.40.185 pursuant to a 27 contract with the department is not a community facility; 28 (c) "Crisis residential center" means an agency which is a 29 temporary protective residential facility operated to perform the 30 duties specified in chapter 13.32A RCW, in the manner provided in RCW 31 43.185C.295 through 43.185C.310; 32 (d) "Emergency respite center" is an agency that may be commonly 33 known as a crisis nursery, that provides emergency and crisis care 34 for up to seventy-two hours to children who have been admitted by 35 their parents or guardians to prevent abuse or neglect. Emergency 36 respite centers may operate for up to twenty-four hours a day, and 37 for up to seven days a week. Emergency respite centers may provide 38 care for children ages birth through seventeen, and for persons 39 p. 3 SB 5599 eighteen through twenty with developmental disabilities who are 1 admitted with a sibling or siblings through age seventeen. Emergency 2 respite centers may not substitute for crisis residential centers or 3 HOPE centers, or any other services defined under this section, and 4 may not substitute for services which are required under chapter 5 13.32A or 13.34 RCW; 6 (e) "Foster family home" means an agency which regularly provides 7 care on a twenty-four hour basis to one or more children, expectant 8 mothers, or persons with developmental disabilities in the family 9 abode of the person or persons under whose direct care and 10 supervision the child, expectant mother, or person with a 11 developmental disability is placed; 12 (f) "Group-care facility" means an agency, other than a foster 13 family home, which is maintained and operated for the care of a group 14 of children on a twenty-four hour basis. "Group care facility" 15 includes but is not limited to: 16 (i) Qualified residential treatment programs as defined in RCW 17 13.34.030; 18 (ii) Facilities specializing in providing prenatal, postpartum, 19 or parenting supports for youth; and 20 (iii) Facilities providing high quality residential care and 21 supportive services to children who are, or who are at risk of 22 becoming, victims of sex trafficking; 23 (g) "HOPE center" means an agency licensed by the secretary to 24 provide temporary residential placement and other services to street 25 youth. A street youth may remain in a HOPE center for thirty days 26 while services are arranged and permanent placement is coordinated. 27 No street youth may stay longer than thirty days unless approved by 28 the department and any additional days approved by the department 29 must be based on the unavailability of a long-term placement option. 30 A street youth whose parent wants him or her returned to home may 31 remain in a HOPE center until his or her parent arranges return of 32 the youth, not longer. All other street youth must have court 33 approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center 34 up to thirty days; 35 (h) "Maternity service" means an agency which provides or 36 arranges for care or services to expectant mothers, before or during 37 confinement, or which provides care as needed to mothers and their 38 infants after confinement; 39 p. 4 SB 5599 (i) "Resource and assessment center" means an agency that 1 provides short-term emergency and crisis care for a period up to 2 seventy-two hours, excluding Saturdays, Sundays, and holidays to 3 children who have been removed from their parent's or guardian's care 4 by child protective services or law enforcement; 5 (j) "Responsible living skills program" means an agency licensed 6 by the secretary that provides residential and transitional living 7 services to persons ages sixteen to eighteen who are dependent under 8 chapter 13.34 RCW and who have been unable to live in his or her 9 legally authorized residence and, as a result, the minor lived 10 outdoors or in another unsafe location not intended for occupancy by 11 the minor. Dependent minors ages fourteen and fifteen may be eligible 12 if no other placement alternative is available and the department 13 approves the placement; 14 (k) "Service provider" means the entity that operates a community 15 facility. 16 (2) "Agency" shall not include the following: 17 (a) Persons related to the child, expectant mother, or person 18 with developmental disability in the following ways: 19 (i) Any blood relative, including those of half-blood, and 20 including first cousins, second cousins, nephews or nieces, and 21 persons of preceding generations as denoted by prefixes of grand, 22 great, or great-great; 23 (ii) Stepfather, stepmother, stepbrother, and stepsister; 24 (iii) A person who legally adopts a child or the child's parent 25 as well as the natural and other legally adopted children of such 26 persons, and other relatives of the adoptive parents in accordance 27 with state law; 28 (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of 29 this subsection (2), even after the marriage is terminated; 30 (v) Relatives, as named in (a)(i), (ii), (iii), or (iv) of this 31 subsection (2), of any half sibling of the child; or 32 (vi) Extended family members, as defined by the law or custom of 33 the Indian child's tribe or, in the absence of such law or custom, a 34 person who has reached the age of eighteen and who is the Indian 35 child's grandparent, aunt or uncle, brother or sister, brother-in-law 36 or sister-in-law, niece or nephew, first or second cousin, or 37 stepparent who provides care in the family abode on a twenty-four- 38 hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4); 39 p. 5 SB 5599 (b) Persons who are legal guardians of the child, expectant 1 mother, or persons with developmental disabilities; 2 (c) Persons who care for a neighbor's or friend's child or 3 children, with or without compensation, where the parent and person 4 providing care on a twenty-four-hour basis have agreed to the 5 placement in writing and the state is not providing any payment for 6 the care; 7 (d) A person, partnership, corporation, or other entity that 8 provides placement or similar services to exchange students or 9 international student exchange visitors or persons who have the care 10 of an exchange student in their home; 11 (e) A person, partnership, corporation, or other entity that 12 provides placement or similar services to international children who 13 have entered the country by obtaining visas that meet the criteria 14 for medical care as established by the United States citizenship and 15 immigration services, or persons who have the care of such an 16 international child in their home; 17 (f) Schools, including boarding schools, which are engaged 18 primarily in education, operate on a definite school year schedule, 19 follow a stated academic curriculum, accept only school-age children 20 and do not accept custody of children; 21 (g) Hospitals licensed pursuant to chapter 70.41 RCW when 22 performing functions defined in chapter 70.41 RCW, nursing homes 23 licensed under chapter 18.51 RCW and assisted living facilities 24 licensed under chapter 18.20 RCW; 25 (h) Licensed physicians or lawyers; 26 (i) Facilities approved and certified under chapter 71A.22 RCW; 27 (j) Any agency having been in operation in this state ten years 28 prior to June 8, 1967, and not seeking or accepting moneys or 29 assistance from any state or federal agency, and is supported in part 30 by an endowment or trust fund; 31 (k) Persons who have a child in their home for purposes of 32 adoption, if the child was placed in such home by a licensed child- 33 placing agency, an authorized public or tribal agency or court or if 34 a replacement report has been filed under chapter 26.33 RCW and the 35 placement has been approved by the court; 36 (l) An agency operated by any unit of local, state, or federal 37 government or an agency licensed by an Indian tribe pursuant to RCW 38 74.15.190; 39 p. 6 SB 5599 (m) A maximum or medium security program for juvenile offenders 1 operated by or under contract with the department; 2 (n) An agency located on a federal military reservation, except 3 where the military authorities request that such agency be subject to 4 the licensing requirements of this chapter; 5 (o)(i) A host home program, and host home, operated by a tax 6 exempt organization for youth not in the care of or receiving 7 services from the department, if that program: (A) Recruits and 8 screens potential homes in the program, including performing 9 background checks on individuals over the age of eighteen residing in 10 the home through the Washington state patrol or equivalent law 11 enforcement agency and performing physical inspections of the home; 12 (B) screens and provides case management services to youth in the 13 program; (C) obtains a notarized permission slip or limited power of 14 attorney from the parent or legal guardian of the youth authorizing 15 the youth to participate in the program and the authorization is 16 updated every six months when a youth remains in a host home longer 17 than six months, unless there is a compelling reason to not contact 18 the parent or guardian; (D) obtains insurance for the program through 19 an insurance provider authorized under Title 48 RCW; (E) provides 20 mandatory reporter and confidentiality training; and (F) registers 21 with the secretary of state under RCW 74.15.315. 22 (ii) For purposes of this section, ((a "host)) the following 23 definitions apply: 24 (A) "Host home" ((is)) means a private home that volunteers to 25 host youth in need of temporary placement that is associated with a 26 host home program. 27 (((iii) For purposes of this section, a "host)) (B) "Host home 28 program" is a program that provides support to individual host homes 29 and meets the requirements of (o)(i) of this subsection. 30 (((iv))) (C) "Compelling reason" means the youth is in the host 31 home or seeking placement in a host home to receive protected health 32 care services. 33 (D) "Protected health care services" has the same meaning as 34 provided in chapter . . ., Laws of 2023 (Senate Bill No. 5489). 35 (iii) Any host home program that receives local, state, or 36 government funding shall report the following information to the 37 office of homeless youth prevention and protection programs annually 38 by December 1st of each year: The number of children the program 39 served, why the child was placed with a host home, and where the 40 p. 7 SB 5599 child went after leaving the host home, including but not limited to 1 returning to the parents, running away, reaching the age of majority, 2 or becoming a dependent of the state; 3 (p) Receiving centers as defined in RCW 7.68.380. 4 (3) "Department" means the department of children, youth, and 5 families. 6 (4) "Juvenile" means a person under the age of twenty-one who has 7 been sentenced to a term of confinement under the supervision of the 8 department under RCW 13.40.185. 9 (5) "Performance-based contracts" or "contracting" means the 10 structuring of all aspects of the procurement of services around the 11 purpose of the work to be performed and the desired results with the 12 contract requirements set forth in clear, specific, and objective 13 terms with measurable outcomes. Contracts may also include provisions 14 that link the performance of the contractor to the level and timing 15 of the reimbursement. 16 (6) "Probationary license" means a license issued as a 17 disciplinary measure to an agency that has previously been issued a 18 full license but is out of compliance with licensing standards. 19 (7) "Requirement" means any rule, regulation, or standard of care 20 to be maintained by an agency. 21 (8) "Secretary" means the secretary of the department. 22 (9) "Street youth" means a person under the age of eighteen who 23 lives outdoors or in another unsafe location not intended for 24 occupancy by the minor and who is not residing with his or her parent 25 or at his or her legally authorized residence. 26 (10) "Transitional living services" means at a minimum, to the 27 extent funds are available, the following: 28 (a) Educational services, including basic literacy and 29 computational skills training, either in local alternative or public 30 high schools or in a high school equivalency program that leads to 31 obtaining a high school equivalency degree; 32 (b) Assistance and counseling related to obtaining vocational 33 training or higher education, job readiness, job search assistance, 34 and placement programs; 35 (c) Counseling and instruction in life skills such as money 36 management, home management, consumer skills, parenting, health care, 37 access to community resources, and transportation and housing 38 options; 39 (d) Individual and group counseling; and 40 p. 8 SB 5599 (e) Establishing networks with federal agencies and state and 1 local organizations such as the United States department of labor, 2 employment and training administration programs including the 3 workforce innovation and opportunity act which administers private 4 industry councils and the job corps; vocational rehabilitation; and 5 volunteer programs. 6 NEW SECTION. Sec. 3. A new section is added to chapter 43.330 7 RCW to read as follows: 8 (1) The sum of $7,500,000, or as much thereof as may be 9 necessary, is appropriated for the fiscal biennium ending June 30, 10 2023, to the office of homeless youth prevention and protection 11 programs for the purposes of providing access to supportive care 12 grants to organizations in order to address the needs of youth and 13 young adults seeking protected health care services. 14 (2) The access to supportive care grants funded under this 15 section shall provide support to youth and young adults seeking 16 protected health care services and may include: 17 (a) Access to behavioral health services; 18 (b) Peer navigators and support; 19 (c) Employment support; 20 (d) Education support; 21 (e) Case management; 22 (f) Advocacy and outreach; 23 (g) Housing and financial support; or 24 (h) Other navigation support to secure safe and stable housing, 25 including the use of host homes as provided for in RCW 74.15.020. 26 (3) For purposes of this section, "protected health care 27 services" has the same meaning as provided in chapter . . ., Laws of 28 2023 (Senate Bill No. 5489). 29 --- END --- p. 9 SB 5599

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 5599 Chapter 408, Laws of 2023 68th Legislature 2023 Regular Session YOUTH SHELTERS, HOMELESS YOUTH PROGRAMS, AND HOST HOMES—PROTECTED HEALTH CARE SERVICES EFFECTIVE DATE: July 23, 2023 Passed by the Senate April 19, 2023 Yeas 29 Nays 20 DENNY HECK President of the Senate Passed by the House April 12, 2023 Yeas 57 Nays 39 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5599 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved May 9, 2023 3:42 PM FILED May 10, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to supporting youth and young adults seeking 1 protected health care services; amending RCW 13.32A.082 and 2 74.15.020; and creating new sections. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. The legislature finds that unsheltered 5 homelessness for youth poses a serious threat to their health and 6 safety. The Trevor project has found that one in three transgender 7 youth report attempting suicide. Homelessness amongst transgender 8 youth can further endanger an already at-risk population. The 9 legislature further finds that barriers to accessing shelter can 10 place a chilling effect on exiting unsheltered homelessness and 11 therefore create additional risk and dangers for youth. Youth seeking 12 certain medical services are especially at risk and vulnerable. 13 Therefore, the legislature intends to remove barriers to accessing 14 temporary, licensed shelter accommodations for youth seeking certain 15 protected health care services. 16 Sec. 2. RCW 13.32A.082 and 2013 c 4 s 2 are each amended to read 17 as follows: 18 (1)(a) Except as provided in (b) of this subsection, any person, 19 unlicensed youth shelter, or runaway and homeless youth program that, 20 ENGROSSED SUBSTITUTE SENATE BILL 5599 AS AMENDED BY THE HOUSE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Senate Human Services (originally sponsored by Senators Liias, C. Wilson, Dhingra, Lovelett, Nguyen, and Randall) READ FIRST TIME 02/15/23. p. 1 ESSB 5599.SL without legal authorization, provides shelter to a minor and that 1 knows at the time of providing the shelter that the minor is away 2 from a lawfully prescribed residence or home without parental 3 permission, shall promptly report the location of the child to the 4 parent, the law enforcement agency of the jurisdiction in which the 5 person lives, or the department. 6 (b)(i) If a licensed overnight youth shelter, or another licensed 7 organization with a stated mission to provide services to homeless or 8 runaway youth and their families, shelters a child and knows at the 9 time of providing the shelter that the child is away from a lawfully 10 prescribed residence or home without parental permission, it must 11 contact the youth's parent within seventy-two hours, but preferably 12 within twenty-four hours, following the time that the youth is 13 admitted to the shelter or other licensed organization's program. The 14 notification must include the whereabouts of the youth, a description 15 of the youth's physical and emotional condition, and the 16 circumstances surrounding the youth's contact with the shelter or 17 organization. If there are compelling reasons not to notify the 18 parent, the shelter or organization must instead notify the 19 department. 20 (ii) At least once every eight hours after learning that a youth 21 receiving services or shelter under this section is away from home 22 without permission, the shelter or organization staff must consult 23 the information that the Washington state patrol makes publicly 24 available under RCW 43.43.510(2). If the youth is publicly listed as 25 missing, the shelter or organization must immediately notify the 26 department of its contact with the youth listed as missing. The 27 notification must include a description of the minor's physical and 28 emotional condition and the circumstances surrounding the youth's 29 contact with the shelter or organization. 30 (c) Reports required under this section may be made by telephone 31 or any other reasonable means. 32 (2) Unless the context clearly requires otherwise, the 33 definitions in this subsection apply throughout this section. 34 (a) "Shelter" means the person's home or any structure over which 35 the person has any control. 36 (b) "Promptly report" means to report within eight hours after 37 the person has knowledge that the minor is away from a lawfully 38 prescribed residence or home without parental permission. 39 p. 2 ESSB 5599.SL (c) "Compelling reasons" include, but are not limited to((, 1 circumstances)): 2 (i) Circumstances that indicate that notifying the parent or 3 legal guardian will subject the minor to abuse or neglect as defined 4 in RCW 26.44.020; or 5 (ii) When a minor is seeking or receiving protected health care 6 services. 7 (d) "Protected health care services" means gender affirming 8 treatment as defined in RCW 74.09.675 and reproductive health care 9 services as defined in RCW 74.09.875. 10 (3)(a) When the department receives a report under subsection (1) 11 of this section, it shall make a good faith attempt to notify the 12 parent that a report has been received and offer services designed to 13 resolve the conflict and accomplish a reunification of the family. 14 (b) When the department receives a report under subsection (1) of 15 this section for a minor who is seeking or receiving protected health 16 care services, it shall: 17 (i) Offer to make referrals on behalf of the minor for 18 appropriate behavioral health services; and 19 (ii) Offer services designed to resolve the conflict and 20 accomplish a reunification of the family. 21 (4) Nothing in this section prohibits any person, unlicensed 22 youth shelter, or runaway and homeless youth program from immediately 23 reporting the identity and location of any minor who is away from a 24 lawfully prescribed residence or home without parental permission 25 more promptly than required under this section. 26 (5) Nothing in this section limits a person's duty to report 27 child abuse or neglect as required by RCW 26.44.030 or removes the 28 requirement that the law enforcement agency of the jurisdiction in 29 which the person lives be notified. 30 Sec. 3. RCW 74.15.020 and 2021 c 176 s 5239 are each amended to 31 read as follows: 32 The definitions in this section apply throughout this chapter and 33 RCW 74.13.031 unless the context clearly requires otherwise. 34 (1) "Agency" means any person, firm, partnership, association, 35 corporation, or facility which receives children, expectant mothers, 36 or persons with developmental disabilities for control, care, or 37 maintenance outside their own homes, or which places, arranges the 38 placement of, or assists in the placement of children, expectant 39 p. 3 ESSB 5599.SL mothers, or persons with developmental disabilities for foster care 1 or placement of children for adoption, and shall include the 2 following irrespective of whether there is compensation to the agency 3 or to the children, expectant mothers, or persons with developmental 4 disabilities for services rendered: 5 (a) "Child-placing agency" means an agency which places a child 6 or children for temporary care, continued care, or for adoption; 7 (b) "Community facility" means a group care facility operated for 8 the care of juveniles committed to the department under RCW 9 13.40.185. A county detention facility that houses juveniles 10 committed to the department under RCW 13.40.185 pursuant to a 11 contract with the department is not a community facility; 12 (c) "Crisis residential center" means an agency which is a 13 temporary protective residential facility operated to perform the 14 duties specified in chapter 13.32A RCW, in the manner provided in RCW 15 43.185C.295 through 43.185C.310; 16 (d) "Emergency respite center" is an agency that may be commonly 17 known as a crisis nursery, that provides emergency and crisis care 18 for up to seventy-two hours to children who have been admitted by 19 their parents or guardians to prevent abuse or neglect. Emergency 20 respite centers may operate for up to twenty-four hours a day, and 21 for up to seven days a week. Emergency respite centers may provide 22 care for children ages birth through seventeen, and for persons 23 eighteen through twenty with developmental disabilities who are 24 admitted with a sibling or siblings through age seventeen. Emergency 25 respite centers may not substitute for crisis residential centers or 26 HOPE centers, or any other services defined under this section, and 27 may not substitute for services which are required under chapter 28 13.32A or 13.34 RCW; 29 (e) "Foster family home" means an agency which regularly provides 30 care on a twenty-four hour basis to one or more children, expectant 31 mothers, or persons with developmental disabilities in the family 32 abode of the person or persons under whose direct care and 33 supervision the child, expectant mother, or person with a 34 developmental disability is placed; 35 (f) "Group-care facility" means an agency, other than a foster 36 family home, which is maintained and operated for the care of a group 37 of children on a twenty-four hour basis. "Group care facility" 38 includes but is not limited to: 39 p. 4 ESSB 5599.SL (i) Qualified residential treatment programs as defined in RCW 1 13.34.030; 2 (ii) Facilities specializing in providing prenatal, postpartum, 3 or parenting supports for youth; and 4 (iii) Facilities providing high quality residential care and 5 supportive services to children who are, or who are at risk of 6 becoming, victims of sex trafficking; 7 (g) "HOPE center" means an agency licensed by the secretary to 8 provide temporary residential placement and other services to street 9 youth. A street youth may remain in a HOPE center for thirty days 10 while services are arranged and permanent placement is coordinated. 11 No street youth may stay longer than thirty days unless approved by 12 the department and any additional days approved by the department 13 must be based on the unavailability of a long-term placement option. 14 A street youth whose parent wants him or her returned to home may 15 remain in a HOPE center until his or her parent arranges return of 16 the youth, not longer. All other street youth must have court 17 approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center 18 up to thirty days; 19 (h) "Maternity service" means an agency which provides or 20 arranges for care or services to expectant mothers, before or during 21 confinement, or which provides care as needed to mothers and their 22 infants after confinement; 23 (i) "Resource and assessment center" means an agency that 24 provides short-term emergency and crisis care for a period up to 25 seventy-two hours, excluding Saturdays, Sundays, and holidays to 26 children who have been removed from their parent's or guardian's care 27 by child protective services or law enforcement; 28 (j) "Responsible living skills program" means an agency licensed 29 by the secretary that provides residential and transitional living 30 services to persons ages sixteen to eighteen who are dependent under 31 chapter 13.34 RCW and who have been unable to live in his or her 32 legally authorized residence and, as a result, the minor lived 33 outdoors or in another unsafe location not intended for occupancy by 34 the minor. Dependent minors ages fourteen and fifteen may be eligible 35 if no other placement alternative is available and the department 36 approves the placement; 37 (k) "Service provider" means the entity that operates a community 38 facility. 39 (2) "Agency" shall not include the following: 40 p. 5 ESSB 5599.SL (a) Persons related to the child, expectant mother, or person 1 with developmental disability in the following ways: 2 (i) Any blood relative, including those of half-blood, and 3 including first cousins, second cousins, nephews or nieces, and 4 persons of preceding generations as denoted by prefixes of grand, 5 great, or great-great; 6 (ii) Stepfather, stepmother, stepbrother, and stepsister; 7 (iii) A person who legally adopts a child or the child's parent 8 as well as the natural and other legally adopted children of such 9 persons, and other relatives of the adoptive parents in accordance 10 with state law; 11 (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of 12 this subsection (2), even after the marriage is terminated; 13 (v) Relatives, as named in (a)(i), (ii), (iii), or (iv) of this 14 subsection (2), of any half sibling of the child; or 15 (vi) Extended family members, as defined by the law or custom of 16 the Indian child's tribe or, in the absence of such law or custom, a 17 person who has reached the age of eighteen and who is the Indian 18 child's grandparent, aunt or uncle, brother or sister, brother-in-law 19 or sister-in-law, niece or nephew, first or second cousin, or 20 stepparent who provides care in the family abode on a twenty-four- 21 hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4); 22 (b) Persons who are legal guardians of the child, expectant 23 mother, or persons with developmental disabilities; 24 (c) Persons who care for a neighbor's or friend's child or 25 children, with or without compensation, where the parent and person 26 providing care on a twenty-four-hour basis have agreed to the 27 placement in writing and the state is not providing any payment for 28 the care; 29 (d) A person, partnership, corporation, or other entity that 30 provides placement or similar services to exchange students or 31 international student exchange visitors or persons who have the care 32 of an exchange student in their home; 33 (e) A person, partnership, corporation, or other entity that 34 provides placement or similar services to international children who 35 have entered the country by obtaining visas that meet the criteria 36 for medical care as established by the United States citizenship and 37 immigration services, or persons who have the care of such an 38 international child in their home; 39 p. 6 ESSB 5599.SL (f) Schools, including boarding schools, which are engaged 1 primarily in education, operate on a definite school year schedule, 2 follow a stated academic curriculum, accept only school-age children 3 and do not accept custody of children; 4 (g) Hospitals licensed pursuant to chapter 70.41 RCW when 5 performing functions defined in chapter 70.41 RCW, nursing homes 6 licensed under chapter 18.51 RCW and assisted living facilities 7 licensed under chapter 18.20 RCW; 8 (h) Licensed physicians or lawyers; 9 (i) Facilities approved and certified under chapter 71A.22 RCW; 10 (j) Any agency having been in operation in this state ten years 11 prior to June 8, 1967, and not seeking or accepting moneys or 12 assistance from any state or federal agency, and is supported in part 13 by an endowment or trust fund; 14 (k) Persons who have a child in their home for purposes of 15 adoption, if the child was placed in such home by a licensed child- 16 placing agency, an authorized public or tribal agency or court or if 17 a replacement report has been filed under chapter 26.33 RCW and the 18 placement has been approved by the court; 19 (l) An agency operated by any unit of local, state, or federal 20 government or an agency licensed by an Indian tribe pursuant to RCW 21 74.15.190; 22 (m) A maximum or medium security program for juvenile offenders 23 operated by or under contract with the department; 24 (n) An agency located on a federal military reservation, except 25 where the military authorities request that such agency be subject to 26 the licensing requirements of this chapter; 27 (o)(i) A host home program, and host home, operated by a tax 28 exempt organization for youth not in the care of or receiving 29 services from the department except as provided in subsection 30 (2)(o)(iii) of this section, if that program: (A) Recruits and 31 screens potential homes in the program, including performing 32 background checks on individuals over the age of eighteen residing in 33 the home through the Washington state patrol or equivalent law 34 enforcement agency and performing physical inspections of the home; 35 (B) screens and provides case management services to youth in the 36 program; (C) obtains a notarized permission slip or limited power of 37 attorney from the parent or legal guardian of the youth authorizing 38 the youth to participate in the program and the authorization is 39 updated every six months when a youth remains in a host home longer 40 p. 7 ESSB 5599.SL than six months, unless there is a compelling reason to not contact 1 the parent or guardian; (D) obtains insurance for the program through 2 an insurance provider authorized under Title 48 RCW; (E) provides 3 mandatory reporter and confidentiality training; and (F) registers 4 with the secretary of state under RCW 74.15.315. 5 (ii) If a host home program serves a child without parental 6 authorization who is seeking or receiving protected health care 7 services, the host home program must: 8 (A) Report to the department within 72 hours of the youth's 9 participation in the program and following this report the department 10 shall make a good faith attempt to notify the parent of this report 11 and offer services designed to resolve the conflict and accomplish a 12 reunification of the family; 13 (B) Report to the department the youth's participation in the 14 host home program at least once every month when the youth remains in 15 the host home longer than one month; and 16 (C) Provide case management outside of the host home and away 17 from any individuals residing in the home at least once per month. 18 (iii) A host home program and host home that meets the other 19 requirements of subsection (2)(o) of this section may provide care 20 for a youth who is receiving services from the department if the 21 youth is: 22 (A) Not subject to a dependency proceeding under chapter 13.34 23 RCW; and 24 (B) Seeking or receiving protected health care services. 25 (iv) For purposes of this section, ((a "host)) the following 26 definitions apply: 27 (A) "Host home" ((is)) means a private home that volunteers to 28 host youth in need of temporary placement that is associated with a 29 host home program. 30 (((iii) For purposes of this section, a "host)) (B) "Host home 31 program" is a program that provides support to individual host homes 32 and meets the requirements of (o)(i) of this subsection. 33 (((iv))) (C) "Compelling reason" means the youth is in the host 34 home or seeking placement in a host home while seeking or receiving 35 protected health care services. 36 (D) "Protected health care services" means gender affirming 37 treatment as defined in RCW 74.09.675 and reproductive health care 38 services as defined in RCW 74.09.875. 39 p. 8 ESSB 5599.SL (v) Any host home program that receives local, state, or 1 government funding shall report the following information to the 2 office of homeless youth prevention and protection programs annually 3 by December 1st of each year: The number of children the program 4 served, why the child was placed with a host home, and where the 5 child went after leaving the host home, including but not limited to 6 returning to the parents, running away, reaching the age of majority, 7 or becoming a dependent of the state; 8 (p) Receiving centers as defined in RCW 7.68.380. 9 (3) "Department" means the department of children, youth, and 10 families. 11 (4) "Juvenile" means a person under the age of twenty-one who has 12 been sentenced to a term of confinement under the supervision of the 13 department under RCW 13.40.185. 14 (5) "Performance-based contracts" or "contracting" means the 15 structuring of all aspects of the procurement of services around the 16 purpose of the work to be performed and the desired results with the 17 contract requirements set forth in clear, specific, and objective 18 terms with measurable outcomes. Contracts may also include provisions 19 that link the performance of the contractor to the level and timing 20 of the reimbursement. 21 (6) "Probationary license" means a license issued as a 22 disciplinary measure to an agency that has previously been issued a 23 full license but is out of compliance with licensing standards. 24 (7) "Requirement" means any rule, regulation, or standard of care 25 to be maintained by an agency. 26 (8) "Secretary" means the secretary of the department. 27 (9) "Street youth" means a person under the age of eighteen who 28 lives outdoors or in another unsafe location not intended for 29 occupancy by the minor and who is not residing with his or her parent 30 or at his or her legally authorized residence. 31 (10) "Transitional living services" means at a minimum, to the 32 extent funds are available, the following: 33 (a) Educational services, including basic literacy and 34 computational skills training, either in local alternative or public 35 high schools or in a high school equivalency program that leads to 36 obtaining a high school equivalency degree; 37 (b) Assistance and counseling related to obtaining vocational 38 training or higher education, job readiness, job search assistance, 39 and placement programs; 40 p. 9 ESSB 5599.SL (c) Counseling and instruction in life skills such as money 1 management, home management, consumer skills, parenting, health care, 2 access to community resources, and transportation and housing 3 options; 4 (d) Individual and group counseling; and 5 (e) Establishing networks with federal agencies and state and 6 local organizations such as the United States department of labor, 7 employment and training administration programs including the 8 workforce innovation and opportunity act which administers private 9 industry councils and the job corps; vocational rehabilitation; and 10 volunteer programs. 11 NEW SECTION. Sec. 4. (1) The office of homeless youth 12 prevention and protection programs shall contract with an outside 13 entity to: 14 (a) Gather data regarding the number of unsheltered homeless 15 youth under age 18 in Washington state; and 16 (b) Develop recommendations for supporting unsheltered homeless 17 youth under age 18 in Washington state. 18 (2) By July 1, 2024, and in compliance with RCW 43.01.036, the 19 office of homeless youth prevention and protection programs shall 20 submit the information and recommendations described in subsection 21 (1) of this section to the appropriate committees of the legislature. 22 Passed by the Senate April 19, 2023. Passed by the House April 12, 2023. Approved by the Governor May 9, 2023. Filed in Office of Secretary of State May 10, 2023. --- END --- p. 10 ESSB 5599.SL