Children's Administration, Department of Social and Health Services
Children's Administration, Department of Social and Health Services
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Case Services Policy Manual

5000. SERVICE DELIVERY

5500. OUT-OF-HOME PLACEMENT

5510. Parent/Child Non-Agreement of Out-of-Home Placement

Where either a child or the child's parent or the person or facility currently providing shelter to the child notifies the center that such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to RCW 13.32A.090, the administrator of the center shall immediately contact the remaining party or parties to the agreement and shall attempt to bring about the child's return home or to an alternative living arrangement agreeable to the child and the parent as soon as practicable. RCW 74.14A.020; RCW 13.32A.120

5520. Petition to Approve an Out-of-Home Placement

  1. If a child and his or her parent cannot agree to an out-of-home placement under RCW 13.32A.090, either the child or parent may file with the juvenile court a CHINS petition to approve an out-of-home placement or the parent may file with the juvenile court a CHINS petition in the interest of a child alleged to be an at-risk youth. RCW 74.14A.020; RCW 13.32A.120
  2. Unless the department files a dependency petition, the department shall file a CHINS petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances.
    1. The child has been admitted to a CRC or has been placed by the department in an out-of-home placement, and:
      1. The parent has been notified that the child was admitted or placed;
      2. The child cannot return home, and legal authorization is needed for out-of-home placement beyond 72 hours;
      3. No agreement between the parent and the child as to where the child shall live has been reached;
      4. No CHINS petition has been filed by either the child or parent;
      5. The parent has not filed an at-risk youth petition; and
      6. The child has no suitable place to live other than the home of his or her parent.

      Under the circumstances of this section, the child shall remain in an outof- home placement until a CHINS petition filed by the department on behalf of the child is reviewed and resolved by the juvenile court. The department may authorize emergency medical or dental care for a child admitted to a CRC or placed in out-of-home placement by the department. The state, when the department files a CHINS petition under this section, shall be represented as provided for in RCW 13.04.093. RCW 74.14A.020; RCW 13.32A.140

    2. The child has been admitted to a CRC and:
      1. Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since placement;
      2. The staff, after searching with due diligence, have been unable to contact the parent of such child; and
      3. The child has no suitable place to live other than the home of his or her parent. RCW 74.14A.020; RCW 13.32A.140
    3. An agreement between parent and child made pursuant to RCW 13.32A.090 or RCW 13.32A.120 is no longer acceptable to parent or child; and
      1. The party to whom the arrangement is no longer acceptable has so notified the department;
      2. Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;
      3. No new agreement between parent and child as to where the child shall live has been reached;
      4. No CHINS petition has been filed by either the child or the parent;
      5. The parent has not filed an at-risk youth petition; and
      6. The child has no suitable place to live other than the home of his or her parent. RCW 74.14A.020; RCW 13.32A.140
  3. Under the circumstances outlined above, the child shall remain in out-of-home placement until a CHINS petition filed by the department on behalf of the child is reviewed and resolved by the juvenile court. The department may authorize emergency medical or dental care for a child placed under these circumstances. RCW 74.14A.020; RCW 13.32A.140
  4. Family Assessment and Filing of a Petition
    1. Except as otherwise provided in chapter 13.32A RCW, the juvenile court shall not accept the filing of a CHINS petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that the department has completed a family assessment. The family assessment shall involve the multi-disciplinary team, if one exists. The family assessment or plan of services developed by the multi-disciplinary team shall be aimed at family reconciliation, reunification, and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment, the child or the parents may proceed to file with the juvenile court a petition to approve an out-of-home placement. RCW 74.14A.020; RCW 13.32A.150
    2. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition must be filed in the county where the parent resides. The petition shall allege that the child is a CHINS and shall ask only that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve the placement is not dependent upon the courts having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an out-of-home placement under chapter 13.32A RCW. RCW 74.14A.020; RCW 13.32A.150
    3. A petition may not be filed if the child is the subject of a proceeding under chapter 13.34 RCW. RCW 74.14A.020; RCW 13.32A.150
  5. Whenever a CHINS petition is filed by: (a) A youth pursuant to RCW 13.32A.150; (b) the child or the childs parent pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW 13.32A.140, the filing party shall have a copy of the petition served on the parents of the youth. Service shall first be attempted in person and, if unsuccessful, then by certified mail with return receipt. RCW 74.14A.020; RCW 13.32A.152
  6. Whenever a CHINS petition is filed by a youth or parent pursuant to RCW 13.32A.150, the court shall immediately notify the department that a petition has been filed. RCW 74.14A.020; RCW 13.32A.152

5530. Fact-Finding Hearing

  1. The department may present evidence at a fact-finding hearing based upon a CHINS petition and shall recommend approval or dismissal of the petition. RCW 74.14A.020; RCW 13.32A.160; RCW 74.14A.020; RCW 13.32A.170
    1. When a CHINS petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150, the juvenile court shall:
      1. Schedule a fact-finding hearing to be held:
        1. For a child who resides in a place other than his or her parents home and other than an out-of-home placement, within five calendar days unless the last calendar is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or
        2. For a child living at home or in an out-of-home placement, within 10 days; and
        3. Notify the parent, child, and the department of the hearing date.
      2. Notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court.
      3. Appoint legal counsel for the child.
      4. Inform the child and his or her parent of the legal consequences of the court approving or disapproving a CHINS petition.
      5. Notify the parents of their rights under chapters 13.32A, 11.88, 13.34, 70.96A, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition.
      6. Notify all parties, including the department, of their right to present evidence at the fact-finding hearing.
    2. Upon filing of a CHINS petition, the child may be placed, if not already placed, by the department in a CRC, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence other than a HOPE center to be determined by the department. The court may place a child in a CRC for temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.
    3. If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence other than a HOPE center as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juveniles parent. RCW 74.14A.020; RCW 13.32A.160
  2. If the court orders a three-month out-of-home placement for the child, the court shall specify the person or agency with whom the child shall be placed, those parental powers which will be temporarily awarded to such agency or person including but not limited to the right to authorize medical, dental, and optical treatment, and parental visitation rights. Any agency or residence at which the child is placed must, at a minimum, comply with minimum standards for licensed family foster homes. RCW 74.14A.020; RCW 13.32A.180
  3. Disposition Hearing
    1. A disposition hearing shall be held no later than 14 days after the approval of the temporary out-of-home placement. The parents, child, and department shall be notified by the court of the time and place of the hearing. RCW 74.14A.020; RCW 13.32A.179
    2. At the conclusion of the disposition hearing, the court may:
      1. Reunite the family and dismiss the petition;
      2. Approve an at-risk youth petition filed by the parents and dismiss the CHINS petition;
      3. Approve an out-of-home placement requested in the CHINS petition by the parents; or
      4. Order an out-of-home placement at the request of the child or the department not to exceed 90 days.
    3. At any time, the court may order the department to review the matter for the purpose of filing a dependency petition under chapter 13.34 RCW.
    4. Whether or not the court approves or orders an out-of-home placement, the court may also order any conditions of supervision as set forth in RCW 13.32A.19 RCW 74.14A.020; RCW 13.32A.179
    5. The court may enter an order under paragraph C.2.d above only if it finds by clear, cogent, and convincing evidence that:
      1. The order is in the best interest of the family; the parents have not requested an out-of-home placement; the parents have not exercised any other right listed in RCW 13.32A.160.
        1. The child has made reasonable efforts to resolve the problems that led to the filing of the petition;
        2. The problems cannot be resolved by delivery of services to the family during continued placement of the child in the parental home;
        3. Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the childs home and to make it possible to for the child to return home; and
        4. A suitable out-of home placement resource is available.
      2. The order is in the best interest of the child, and the parents are unavailable; or
      3. The parents actions cause an imminent threat to the childs health or safety. RCW 74.14A.020; RCW 13.32A.179
    6. The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered, shall address the needs of the child, and perceived needs of the parents if the order was entered under paragraph C.2.d of this section or if specifically agreed to by the parents. If the parents do not agree or the order was not entered under paragraph C.2.d of this section, the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings. RCW 74.14A.020; RCW 13.32A.179
    7. In a disposition hearing, after a finding that a child is CHINS or an at-risk youth, the court may adopt the additional orders authorized under this section if it finds that the child involved in those proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires special treatment.
      1. The court may order that a child be placed in a staff secure facility, other than a CRC, that will provide for the childs participation in a program designed to remedy his or her behavioral difficulties or needs.
      2. The court may not enter this order unless, at the disposition hearing, it 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 childs age, maturity, propensity to run away from home, past exposure to serious risk when the child ran away from home, and possible future serious risk if the child ran away from home, and possible future exposure to serious risk should the child run away from home again.
      3. Placements in staff secure facilities under this section shall be limited to children who meet the statutory definition of a CHINS or an at-risk youth as defined in RCW 13.32A.030.
      4. State funds may only be used to pay for placements under this section if, and to the extent that, such funds are appropriated expressly to pay for them. RCW 74.14A.020; RCW 13.32A.197
  4. A child who fails to comply with a court order issued under RCW 13.32A.179 shall be subject to contempt proceedings, as provided in chapter 13.32A RCW, but only if the noncompliance occurs within one year after the entry of the order. RCW 74.14A.020; RCW 13.32A.179
  5. In all CHINS and at-risk youth proceedings, the court shall 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 chapter 13.32A RCW. Except as otherwise provided in RCW 13.32A.250, the court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties. RCW 74.14A.020; RCW 13.32A.250
  6. Failure by a party to comply with an order entered under chapter 13.32A RCW is a contempt of court as provided in Chapter 7.21 RCW. The court may impose a fine of up to 100 dollars and confinement for up to seven days, or both. RCW 74.14A.020; RCW 13.32A.250
    1. A child placed in confinement for contempt under RCW 13.32A.250 shall be placed in confinement either in a secure juvenile detention facility operated by or pursuant to a contract with a county or, through June 30, 2002, a secure facility that is a separate, secure section of a juvenile detention facility. In no case may a child in contempt be confined in a secure facility that is free-standing outside a juvenile detention facility. RCW 74.14A.020; RCW 13.32A.250
    2. A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to chapter 13.32A RCW. RCW 74.14A.020; RCW 13.32A.250
    3. Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under Chapter 13.32A RCW, the court may issue an order directing law enforcement to pick up and take the child to detention or, effective June 9, 2000, through June 30, 2002, to a secure facility. The order may be entered ex parte without prior notice to the child or other parties. Following the childs admission to detention or, effective June 9, 2000, through June 30, 2002, to the secure facility, a review hearing must be held in accordance with RCW 13.32A.06 RCW 74.14A.020; RCW 13.32A.250
  7. No placement made pursuant to RCW 13.32A.180 may be in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 197 RCW 74.14A.020; RCW 13.32A.180
  8. Dismissal of an Out-of-Home Placement-After the court approves or orders an out-of-home placement, the parents or the department may request, and the juvenile court may grant, dismissal of the CHINS proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:
    1. The child has been absent from court approved placement for 30 consecutive days or more;
    2. The parents or the child, or all of them, refuse to cooperate in available, appropriate intervention aimed at reunifying the family; or
    3. The department has exhausted all available and appropriate resources that would result in reunification. RCW 74.14A.020; RCW 13.32A.179; RCW 74.14A.020; RCW 13.32.A.190
    4. The court shall terminate a placement made under RCW 13.32A.190 upon the request of a parent unless the placement is made pursuant to RCW 13.32A.179. RCW 74.14A.020; RCW 13.32A.179; RCW 74.14A.020; RCW 13.32A.190
    5. The court may dismiss a CHINS petition filed by a parent at any time if the court finds good cause to believe that continuation of out-of-home placement would serve no useful purpose.
    6. The court shall dismiss a CHINS proceeding if the child is the subject of a proceeding under chapter 13.34 RCW. RCW 74.14A.020; RCW 13.32A.190

5540. At-Risk Youth Petition

  1. A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition.
  2. The petition shall set forth facts that support the allegations and shall generally request relief available under Chapter 13.32A RCW. The petition need not specify any proposed disposition following adjudication of the petition.
  3. A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW. RCW 74.14A.020; RCW 13.32A.150
  4. When a proper at-risk petition is filed, the court may order the department to submit a disposition plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the department to prepare a plan, the department shall provide copies of the plan to the parent, the child, and the court. If the parties or the court desire the department to be involved in any future proceedings or case plan development, the department shall be provided timely notification of all court hearings. RCW 74.14A.020; RCW 13.32A.194

5600. OUT-OF-HOME PLACEMENT SERVICES

  1. Upon filing of a CHINS petition, the child may be placed, if not already placed, by the department in a CRC, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence other than a HOPE center to be determined by the department. The court may place a child in a CRC for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met. RCW 74.14A.020; RCW 13.32A.160
  2. If the child has been placed in a foster family home or group care facility under Chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the child or the childs parent.
  3. When an out-of-home placement is made, the primary goal is to return the child to his/her own family whenever feasible and consistent with the safety of the child. RCW 74.14A.020; RCW 13.34.136; 42 USC 675, Sec. 475

5610. Crisis Residential Center (CRC) Placement

A child may be placed in a CRC under at least one of the following conditions:

  1. A CHINS petition has been filed with the juvenile court by the child, the parent, or department. RCW 74.14A.020; RCW 13.32A.140; RCW 74.14A.020; RCW 13.32A.150; RCW 74.14A.020; RCW 13.32A.160
  2. A law enforcement officer shall take a child into custody:
    1. If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or
    2. If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or
    3. If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or
    4. If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or 13.34 RCW or that the court has issued an order for law enforcement pick-up of the child under chapter 13.32A RCW or 13.34 RCW. RCW 74.14A.020; RCW 13.32A.050
    5. If the child expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possibility that the child is experiencing some type of abuse or neglect.
    6. It is not practical to take the child to his or her home or place of the parent's employment.
    7. There is no parent available to accept custody of the child. RCW 74.14A.020; RCW 13.32A.060
  3. Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination. Law enforcement custody continues until the law enforcement officer transfers custody to a person, agency, or other authorized entity under chapter RCW 13.32A RCW, or releases the child because no placement is available. Transfer of custody is not complete unless the person, agency, or entity to whom the child is released agrees to accept custody. RCW 74.14A.020; RCW 13.32A.050
  4. If a law enforcement officer takes a child into custody pursuant to this subsection and transports the child to a CRC, the officer shall, within 24 hours of delivering the child to the center, provide to the center a written report detailing the reasons the officer took the child into custody. The center shall provide the department with a copy of the officers report. RCW 74.14A.020; RCW 13.32A.050
  5. If the law enforcement officer who initially takes the child into custody or the staff of the CRC have reasonable cause to believe that the child is absent from home because he or she is abused or neglected, a report shall be made immediately to the department. RCW 74.14A.020; ection=13.32A.050&fuseaction=section">RCW 13.32A.050
  6. If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored in violation of RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060. RCW 74.14A.020; RCW 13.32A.050

5620. Time Limitation for CRC Placements

A child admitted to a secure facility shall remain in the facility for at least 24 hours after admission but for no more than five consecutive days. However, parents may remove the child at any time if there is no indication that they have abused the child. RCW 74.14A.020; RCW 13.32A.130

5630. Prior to Placement of a Child

For placements other than shelter care cases, in which case a dependency petition would need to be filed within 72 hours, the following are applicable:

  1. Obtain legal authority to place child. RCW 74.14A.020; RCW 13.34.050; RCW 74.14A.020; RCW 13.34.060
  2. Investigate, including a criminal history/arrest record and CPS check, any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children prior to authorizing that person to care for children:
    1. If a child is placed with a relative under a section of RCW 13.3 or RCW 13.34.130, see Operations Manual Section 5517 - Emergent Placements with Unlicensed Relatives and Other Suitable Persons RCW 74.14A.020; RCW 74.15.030
    2. When individual providers are paid by the state or providers are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in Chapter 74.34, including but not limited to services provided under Chapter 74.30 or 74.39A RCW. RCW 74.14A.020; RCW 43.43.832
  3. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be finger printed.
    1. The fingerprints shall be forwarded to the Washington State Patrol and Federal Bureau of Investigation (FBI) for a criminal history records check.
    2. The fingerprint criminal history records check will be paid by the Department for out of home placement resources, including foster parents, adoptive parents approved by CA, relatives and other suitable persons.
    3. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. RCW 74.14A.020; RCW 74.15.030
    4. If a FBI check is required in addition to the state background check by the department, effective June 9, 2000, an applicant for employment with an agency licensed or certified under chapter 74.15 RCW who is not disqualified based on the results of the state background check shall be eligible for a 120 day provisional approval to hire, pending the outcome of the FBI check. See Appendix A for the definition of applicant.
      1. The department may extend the provisional approval until receipt of the FBI check.
      2. If the FBI check disqualifies an applicant, the department shall notify the requestor that the provisional approval to hire is withdrawn and the applicant may be terminated. RCW 74.14A.020; RCW 43.43.832
  4. Whenever a child is taken into custody, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. RCW 74.14A.020; RCW 13.34.060

5631. Conflict of Interest in Placement

See chapter 2000, section 2131(D) for related directives regarding conflict of interest in investigations.

  1. No child may be placed or remain in a specific out-of-home placement under this chapter or chapter 13.34 RCW when there is a conflict of interest on the part of any adult residing in the home in which the child is to be or has been placed. A conflict of interest exists when:
    1. There is an adult in the home who, as a result of:
      1. His or her employment; and
      2. An allegation of abuse or neglect of the child, conducts or has conducted an investigation of the allegation; or
    2. The child has been, is, or is likely to be a witness in any pending cause of action against any adult in the home when the cause includes:
      1. An allegation of abuse or neglect against the child or any sibling of the child; or
      2. A claim of damages resulting from wrongful interference with the parent-child relationship of the child and his or her biological or adoptive parent.
  2. For purposes of this section, "investigation" means the exercise of professional judgment in the review of allegations of abuse or neglect by:
    1. Law enforcement personnel;
    2. Persons employed by, or under contract with, the state;
    3. Persons licensed to practice law and their employees; and
    4. Mental health professionals as defined in chapter 71.05 RCW.
  3. The prohibition set forth in paragraph A of this section may not be waived or deferred by the department under any circumstance or at the request of any person, regardless of who has made the request or the length of time of the requested placement. RCW 74.14A.020; RCW 74.13.280

5640. After Placement of a Child

DCFS shall:

  1. Not make payment for any child in group care unless the group home is licensed and DSHS has custody and supervision of the child. RCW 74.14A.020; RCW 74.13.080
  2. Obtain the child's medical history and immunization history from the child's parent/guardian and medical/dental providers at the time of the child's placement and maintain it in the child's record. 42 USC 675, Sec. 475
  3. Provide foster parents with a health history, including an immunization history, history of allergies, previous illness, and conditions of the child which may adversely affect his/her health. See chapter 4000, section 4120, paragraph A, for requirements to disclose information regarding HIV and sexually transmitted diseases for child less than 14 years of age to residential care providers. RCW 74.14A.020; RCW 74.13.280; 42 USC 675, Sec. 475
  4. Arrange for a child expected to remain in care beyond 30 days to have a screening for multiple needs within 30 days of placement.
  5. Complete an Individual Service and Safety Plan (ISSP) within 60 days of the begin date of out-of-home placement. 42 USC 675, Sec. 475

5641. Health and Education Passport

  1. The department shall prepare a passport containing all known and available information concerning the mental, physical, health, and educational status for any child who has been in a foster home for 90 consecutive days or more. The passport shall contain education records obtained pursuant to RCW 28A.150.
    1. The passport shall be provided to a foster parent at any placement of a child meeting the requirements of this section.
    2. The department shall update the passport during the regularly scheduled court reviews required under chapter 13.34 RCW.
    3. New placements shall have first priority in the preparation of passports. The department may prepare passports for any child in a foster home, provided that no time spent in a foster home before the effective date of the authorizing statute shall be included in the computation of the 90 days.
  2. In addition to the requirements of paragraph A above, the department shall notify a foster parent before placement of a child with any known health conditions that pose a serious threat to the child and any known behavior history that presents a serious risk of harm to the child or others.
  3. The department shall hold harmless the provider of education information for any unauthorized disclosures caused by the department. RCW 74.14A.020; RCW 74.13.285
  4. The department is authorized to disclose education records it obtains pursuant to RCW 28A.150 to a foster parent, guardian, or other entity authorized by the department to provide residential care for children. RCW 74.14A.020; RCW 28A.150

5660. Placement in Mental Health Care

  1. The department shall obtain the prior consent of a childs parent, legal guardian, or legal custodian before a dependent child is admitted to an inpatient mental health treatment facility. See RCW 74.14A.020; RCW 71.34.042 regarding the ability for self-admission of a child age 13 or above. If the childs parent, legal guardian, or legal custodian is unavailable or does not agree with the proposed admission, the department shall request a hearing and provide notice to all interested parties to seek prior approval of the juvenile court before such admission. In the event that an emergent situation creating a risk of substantial harm to the health and welfare of a child in the custody of the department does not allow time for the department to obtain prior approval or to request a court hearing before consenting to the admission of the child into an inpatient mental health hospital, the department shall seek court approval by requesting that a hearing be set on the first available court date. RCW 74.14A.020; RCW 13.34.320
  2. A dependent child who is admitted to an inpatient mental health facility shall be placed in a facility, with available treatment space, that is closest to the family home, unless the department, in consultation with the admitting authority finds that admission in the facility closest to the childs home would jeopardize the health or safety of the child. RCW 74.14A.020; RCW 13.34.330
  3. For minors who cannot consent to the release of their records with the department because they are not old enough to consent to treatment, or, if old enough, lack the capacity to consent, or if the minor is receiving treatment involuntarily with a provider the department has authorized to provide mental health treatment under paragraph A above, the department shall disclose, upon the treating physicians request, all relevant records, including the minors passport as established under RCW 74.13.285, in the departments possession that the treating physician determines contain information required for treatment of the minor. The treating physician shall maintain all records received from the department in a manner that distinguishes the records from any other records in the minors file with the treating physician and the department records may not be disclosed by the treating physician to any other person or entity absent a court order except that, for medical purposes only, a treating physician may disclose the department records to another treating physician. RCW 74.14A.020; RCW 13.34.340