SB 5535 — Repealing requirements for parent payment of the cost of their child's support, treatment, and confinement in juvenile rehabilitation residential facilities.

S-3797.1Z-0400.1 SUBSTITUTE SENATE BILL 5535 State of Washington 67th Legislature 2022 Regular Session By Senate Human Services, Reentry & Rehabilitation (originally sponsored by Senators C.

by request of Department of Children, Youth, and Families)Families READPrefiled FIRST12/13/21. TIME 01/21/22.

ANRead ACTfirst Relatingtime to01/10/22. repealing requirements for parent payment of the cost of their child's support, treatment, and confinement;

Referred to Committee on Human Services, Reentry & Rehabilitation.

AN ACT Relating to repealing requirements for parent payment of the cost of their child's support, treatment, and confinement in juvenile rehabilitation residential facilities;

and repealing RCW 13.16.085 and 13.40.220.

(1) The purpose of this act is to repeal RCW 13.16.085 and 13.40.220, also known as the "parent pay" statutes,statute, which requires parents to pay a percentage of their gross income to the department of children, youth, and families for the cost of their child's support, treatment, and confinement.confinement in the department's juvenile rehabilitation residential facilities.

(2) The parent pay statutesstatute essentially operateoperates as a legal financial obligation assessed on parents for their child's incarceration.

TheseIt laws disproportionally impactimpacts poorer parents and representrepresents a dated policy and philosophy that is not aligned with current racial equity and social justice reforms.

(3) The legislature finds that eliminating parents' financial obligation to pay for their child's incarceration will advance racial p.

1 SSBSB 5535 The legislature finds that eliminating parents' financial obligation to pay for their child's incarceration will advance racial equity and help to support a successful transition to adulthood for young people in juvenile detention and in the department's care.

TheRCW following13.40.220 acts(Costs orof partssupport, treatment, and confinement — Order— Contempt of actscourt) areand each2021 repealed:c 206 s 6, 2017 3rd sp.s.

(1) RCW 13.16.085 (Financial responsibility for cost of detention) and 1955 c 369 s 1;

and (2) RCW 13.40.220 (Costs of support, treatment, and confinement— Order Contempt of court) and 2021 c 206 s 6, 2017 3rd sp.s.

c 291 s 76.76 are each repealed.

(1) This act does not affect any moneys paid to the department of children, youth, and families or the courts before the effective date of this section.

Any moneys already collected from a parent or other person legally obligated to care for and support a child under RCW 13.16.085 or 13.40.220 before the effective date of this section will not be refunded to that person.

(a) All pending actions or proceedings to recover debt owed by a parent or other person legally obligated to care for and support a child under RCW 13.16.085 or 13.40.220 shall be terminated with prejudice including, but not limited to, tax refund intercepts, federal and state benefit intercepts, wage garnishments, payment plans, and automatic bank account deductions;

(b) All outstanding debts or other obligationsobligations, including, but not limited to, interest charges owed by a parent or other person legally obligated to care for and support a child under RCW 13.16.085 or 13.40.220 shall be canceled with prejudice, rendered null and void, and considered paid in full;

and (c) Any assignment of collection authority for debt owed under RCW 13.40.220 that was reported to a collection agency or out-of- state collection agency as defined in RCW 19.16.100 shall be recalled p.

2 SSBSB 5535 (c) Any assignment of collection authority for debt owed under RCW 13.16.085 or 13.40.220 that was reported to a collection agency or out-of-state collection agency as defined in RCW 19.16.100 shall be recalled and terminated, and any outstanding debt shall be rendered null and void and considered paid in full.

3 SSBSB 5535