SB 5864 — Concerning the goal of ending homelessness.

In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours.

In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.(6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.(7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services.

Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child.

Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.(8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect.

If the parents fail to designate a second physician, the department may make the selection.

If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.(9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute.

Violation of this subsection is a misdemeanor.(10) Upon receiving a report of alleged abuse or neglect, the department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section.

The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section.

If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which:(a) The department believes there is a serious threat of substantial harm to the child;(b) The report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim;

or(c) The department has a prior founded report of abuse or neglect with regard to a member of the household that is within three years of receipt of the referral.(11)(a) Upon receiving a report of alleged abuse or neglect, including a report of a runaway or unaccompanied homeless child, the department shall use one of the following discrete responses to reports of child abuse or neglect that are screened in and accepted for departmental response:(i) Investigation;

or(ii) Family assessment.(b) In making the response in (a) of this subsection the department shall:(i) Use a method by which to assign cases to investigation or family assessment which are based on an array of factors that may include the presence of:

Imminent danger, level of risk, number of previous child abuse or neglect reports, or other presenting case characteristics, such as the type of alleged maltreatment and the age of the alleged victim.

Age of the alleged victim shall not be used as the sole criterion for determining case assignment;(ii) Allow for a change in response assignment based on new information that alters risk or safety level;(iii) Allow families assigned to family assessment to choose to receive an investigation rather than a family assessment;(iv) Provide a full investigation if a family refuses the initial family assessment;(v) Provide voluntary services to families based on the results of the initial family assessment.

If a family refuses voluntary services, and the department cannot identify specific facts related to risk or safety that warrant assignment to investigation under this chapter, and there is not a history of reports of child abuse or neglect related to the family, then the department must close the family assessment response case.

However, if at any time the department identifies risk or safety factors that warrant an investigation under this chapter, then the family assessment response case must be reassigned to investigation;(vi) Conduct an investigation, and not a family assessment, in response to an allegation that, the department determines based on the intake assessment:(A) Poses a risk of "imminent harm" consistent with the definition provided in RCW 13.34.050, which includes, but is not limited to, sexual abuse and sexual exploitation as defined in this chapter;(B) Poses a serious threat of substantial harm to a child;(C) Constitutes conduct involving a criminal offense that has, or is about to occur, in which the child is the victim;(D) The child is an abandoned child as defined in RCW 13.34.030;(E) The child is an adjudicated dependent child as defined in RCW 13.34.030, or the child is in a facility that is licensed, operated, or certified for care of children by the department under chapter 74.15 RCW, or by the department of early learning.(c) The department may not be held civilly liable for the decision to respond to an allegation of child abuse or neglect by using the family assessment response under this section unless the state or its officers, agents, or employees acted with reckless disregard.(12)(a) For reports of alleged abuse or neglect that are accepted for investigation by the department, the investigation shall be conducted within time frames established by the department in rule.

In no case shall the investigation extend longer than ninety days from the date the report is received, unless the investigation is being conducted under a written protocol pursuant to RCW 26.44.180 and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary.

At the completion of the investigation, the department shall make a finding that the report of child abuse or neglect is founded or unfounded.(b) If a court in a civil or criminal proceeding, considering the same facts or circumstances as are contained in the report being investigated by the department, makes a judicial finding by a preponderance of the evidence or higher that the subject of the pending investigation has abused or neglected the child, the department shall adopt the finding in its investigation.(13) For reports of alleged abuse or neglect that are responded to through family assessment response, the department shall:(a) Provide the family with a written explanation of the procedure for assessment of the child and the family and its purposes;(b) Collaborate with the family to identify family strengths, resources, and service needs, and develop a service plan with the goal of reducing risk of harm to the child and improving or restoring family well-being;(c) Complete the family assessment response within forty-five days of receiving the report;

however, upon parental agreement, the family assessment response period may be extended up to ninety days;(d) Offer services to the family in a manner that makes it clear that acceptance of the services is voluntary;(e) Implement the family assessment response in a consistent and cooperative manner;(f) Have the parent or guardian sign an agreement to participate in services before services are initiated that informs the parents of their rights under family assessment response, all of their options, and the options the department has if the parents do not sign the consent form.(14)(a) In conducting an investigation or family assessment of alleged abuse or neglect, the department or law enforcement agency:(i) May interview children.

If the department determines that the response to the allegation will be family assessment response, the preferred practice is to request a parent's, guardian's, or custodian's permission to interview the child before conducting the child interview unless doing so would compromise the safety of the child or the integrity of the assessment.

The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents.

If the allegation is investigated, parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation.

Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes.

Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation;

and(ii) Shall have access to all relevant records of the child in the possession of mandated reporters and their employees.(b) The Washington state school directors' association shall adopt a model policy addressing protocols when an interview, as authorized by this subsection, is conducted on school premises.

In formulating its policy, the association shall consult with the department and the Washington association of sheriffs and police chiefs.(15) If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child or family, the department shall promptly notify the office of the family and children's ombuds of the contents of the report.

The department shall also notify the ombuds of the disposition of the report.(16) In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law.(17)(a) The department shall maintain investigation records and conduct timely and periodic reviews of all founded cases of abuse and neglect.

The department shall maintain a log of screened-out nonabusive cases.(b) In the family assessment response, the department shall not make a finding as to whether child abuse or neglect occurred.

No one shall be named as a perpetrator and no investigative finding shall be entered in the department's child abuse or neglect database.(18) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals.

The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue.

Substance abuse must be a risk factor.(19) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.(20) Upon receiving a report of alleged abuse or neglect involving a child under the court's jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child's guardian ad litem of the report's contents.

The department shall also notify the guardian ad litem of the disposition of the report.

For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030.(21) The department shall make efforts as soon as practicable to determine the military status of parents whose children are subject to abuse or neglect allegations.

If the department determines that a parent or guardian is in the military, the department shall notify a department of defense family advocacy program that there is an allegation of abuse and neglect that is screened in and open for investigation that relates to that military parent or guardian.Sec. 104.  RCW 74.15.030 and 2014 c 104 s 2 are each amended to read as follows:The secretary shall have the power and it shall be the secretary's duty:(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.The minimum requirements shall be limited to:(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;(b) Obtaining background information and any out-of-state equivalent, to determine whether the applicant or service provider is disqualified and to determine the character, competence, and suitability of an agency, the agency's employees, volunteers, and other persons associated with an agency;(c) Conducting background checks for those who will or may have unsupervised access to children, expectant mothers, or individuals with a developmental disability;

Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;(6) To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter (( 74.15 RCW)) and RCW 74.13.031 and to require regular reports from each licensee;(7) To inspect agencies periodically to determine whether or not there is compliance with this chapter (( 74.15 RCW)) and RCW 74.13.031 and the requirements adopted hereunder, including biennialannual inspections of facilities licensed under this chapter that provide shelter to unaccompanied homeless youth as defined in RCW 43.330.702, with the results of the biennialannual inspections provided to the office of homeless youth prevention and protection programs and the legislature;(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies;

and(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.NEW SECTION.  Sec. 103.  ASECTION.  Sec. 105.  A new section is added to chapter 13.32A RCW to read as follows:Subjectfollows:The to the availability of amounts appropriated for this specific purpose, the department must develop a process to locate unaccompanied homeless children, as defined in RCW 43.330.702, with the primary goal of returning the child to his or her parent(s) or legal guardian(s).

When a report of a runaway or an unaccompanied homeless child is made to the department pursuant to RCW 26.44.030, the department must locate the child as provided for in this section.

and(9) Make such data available to the legislature on a monthly basis.PARTbasis.NEW SECTION.  Sec. 106.  Any parent, legal guardian, or caregiver who knowingly fails to notify law enforcement within forty-eight hours of learning that a child in his or her care is missing is guilty of a misdemeanor.NEW SECTION.  Sec. 107.  Section 106 of this act constitutes a new chapter in Title 9A RCW.PART IISec. 201.  RCW 43.330.700 and 2015 c 69 s 4 are each amended to read as follows:(1) The legislature finds that every night thousands of homeless youth in Washington go to sleep without the safety, stability, and support of a family or a home.

By December 1, 2017, and monthly thereafter, the office of homeless youth prevention and protection programs shall report to the legislature the status of these goals.(5) The office of homeless youth prevention and protection programs shall (a) gather data and outcome measures, (b) initiate data-sharing agreements, (c) develop specific recommendations and timelines to address funding, policy, and practice gaps within the state system for addressing the ((five priority service areas)) three key components identified in RCW 43.330.700, (d) make reports, (e) increase system integration and coordinate efforts to prevent state systems from discharging youth and young adults into homelessness, (f) develop measures to include by county and statewide the number of homeless youth, dependency status, family reunification status, housing status, program participation, and runaway status, ((and)) (g) develop a comprehensive plan to encourage identification of youth experiencing homelessness, promote family stability, and eliminate youth and young adult homelessness, and (h) by July 1, 2018, ensure that all services for minors are provided in a location separate from adults, including young adults.(6)(a)adults, (i) work with the department of social and health services and law enforcement to develop a process to identify unaccompanied homeless youth and ensure unaccompanied homeless youth are taken into custody and brought to the nearest HOPE center, (j) work with social services providers throughout the state, to ensure all minors receiving state-funded services are identified and part of the office's database, and (k) by December 1, 2018, work with the three most populous cities in the state to develop a plan to end youth homelessness within two years, with the cities providing a quarterly progress report on the status of meeting this goal, posted on the office's web site.(6)(a) The office of homeless youth prevention and protection programs shall regularly consult with an advisory committee, comprised of ((advocates, at least two legislators, at least two parent advocates, at least one representative from law enforcement, service providers, and other stakeholders knowledgeable in the provision of services to homeless youth and young adults, including the prevention of youth and young adult homelessness, the dependency system, and family reunification)) four legislators and eight additional members as appointed by the legislature, for a total of twelve members.

Strategies to enhance coordination between providers of youth homelessness programs and the child welfare system, and strategies for communities to identify homeless youth and ensure their protection and referral to appropriate services, including family reconciliation and transition to dependent status for minors.Sec. 204.  RCW 43.330.710 and 2015 c 69 s 7 are each amended to read as follows:(1)(a) The office of homeless youth prevention and protection programs shall report to the director or the director's designee.(b)(i) The office of homeless youth prevention and protection programs may distribute grants to providers who serve homeless youth and young adults throughout the state.(ii) The grants must fund ((services in the five priority service areas identified in RCW 43.330.700)) housing,housing family reconciliation, or streetfamily youthreconciliation. services.

Funds may not be used for street youth services.

After August 1, 2017, a grant recipient that is unable to demonstrate that the services provided either reduces unaccompanied youth homelessness or increases family reunification, or both, is not eligible to receive a grant through the office.(iii) ForThe grants thatmust fundbe streetexpended youth services, on a monthlystatewide basis,basis grantand recipientsmay mustbe reportused theto followingsupport informationdirect toservices theas provided for in (b)(ii) of this subsection, as well as technical assistance, evaluation, and capacity building.(2) The office of homeless youth prevention and protection programs:programs shall provide management ((and)), oversight guidance, and direction, including recommendations for increasing capacity, funding, and expanding locations across the state by county, to the following programs:(a) HOPE centers as described in RCW 43.185C.315;

Theand(b) numberCrisis ofresidential centers as described in RCW 43.185C.295((;(c) Street youth thatservices;(d) receivedIndependent servicesyouth housing programs as described in RCW 43.63A.305)).NEW SECTION.  Sec. 205.  A new section is added to chapter 43.330 RCW to read as follows:(1) By January 1, 2018, the office of homeless youth prevention and whetherprotection theirprograms identitymust wasdevelop confirmed;a runaway and abandoned youth database.

howAt manya minimum, the database must include the following information:(a) Personally identifying information regarding youth receivedthat access social services updated by the social services providers on a referraldaily tobasis that includes information regarding a crisisyouth's residentiallocation, shelter,mental HOPEhealth, center,chemical ordependency otherand shelter;physical abuse status, updated daily.

howFor many youth werefor reunitedwhich withthere theiris familiesno orpersonally referredidentifying toinformation, the departmentsocial services provider shall enter as much information as is known;(b) Youth whose parent(s) or guardian(s) have been notified of socialthe andyouth's healthpresence at a social services forprovider, services,updated includingdaily;(c) reportsYouth ofwho childhave abusereturned to his or neglect;her parent(s) or guardian(s), updated daily;

and(d) Youth who have been reported to child protective services, updated daily.(2) The database must be shared with and otherbe dataaccessible by local governments and the department of social and health services with the terms of use and confidentiality as determined by the office of homeless youth prevention and protection programs.(3) The office of homeless youth prevention and protection programs must determine when it anticipates that documentsthere will be no unsheltered, unaccompanied homeless youth and provide a successfulweekly outcomestatus update on its web site.Sec. 206.  RCW 43.185C.180 and 2011 c 239 s 1 are each amended to read as definedfollows:(1) In order to improve services for the homeless, the department, within amounts appropriated by the grantlegislature recipient.for this specific purpose, shall implement the Washington homeless client management information system for the ongoing collection and updates of information about all homeless individuals in the state.(2) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless census and from state agencies and community organizations providing services to homeless individuals and families.(a) ((Personally identifying information about homeless individuals for the Washington homeless client management information system may only be collected after having obtained informed, reasonably time limited (i) written consent from the homeless individual to whom the information relates, or (ii) telephonic consent from the homeless individual, provided that written consent is obtained at the first time the individual is physically present at an organization with access to the Washington homeless client management information system.

The reported data must be included in the office of homeless youth prevention and protection program's annual report to the governor and appropriate committees of the legislature.(iv) The grants must be expended on a statewide basis and may be used to support direct services as provided for in (b)(ii) of this subsection, as well as technical assistance, evaluation, and capacity building.(2) The office of homeless youth prevention and protection programs shall provide management ((and)), oversight guidance, and direction, including recommendations for increasing capacity, funding, and expanding locations across the state by county, to the following programs:(a) HOPE centers as described in RCW 43.185C.315;(b) Crisis residential centers as described in RCW 43.185C.295;(c) Street youth services;

and(d) Independent youth housing programs as described in RCW 43.63A.305.Sec. 205.  RCW 43.185C.180 and 2011 c 239 s 1 are each amended to read as follows:(1) In order to improve services for the homeless, the department, within amounts appropriated by the legislature for this specific purpose, shall implement the Washington homeless client management information system for the ongoing collection and updates of information about all homeless individuals in the state.(2) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless census and from state agencies and community organizations providing services to homeless individuals and families.(a) ((Personally identifying information about homeless individuals for the Washington homeless client management information system may only be collected after having obtained informed, reasonably time limited (i) written consent from the homeless individual to whom the information relates, or (ii) telephonic consent from the homeless individual, provided that written consent is obtained at the first time the individual is physically present at an organization with access to the Washington homeless client management information system.

and(c) Include related information held or gathered by other state agencies.(6) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.(7) The Washington homeless client management information system shall be implemented by December 31, 2009, and updated with new homeless client information at least annually.(8) By December 1, 2018, the department must develop and update daily a web-based system for the Washington homeless client management information system.PART IIINEWIIISec. 301.  RCW SECTION.  Sec. 301.  The71.05.020 legislatureand finds2016 that:c 155 s 1 are each reenacted and amended to read as follows:The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;(8) "Department" means the department of social and health services;(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;(10) "Designated crisis responder" means a mental health professional appointed by the county or the behavioral health organization to perform the duties specified in this chapter;(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;(14) "Developmental disability" means that condition defined in RCW 71A.10.020(5);(15) "Discharge" means the termination of hospital medical authority.

The commitment may remain in place, be terminated, or be amended by court order;(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department.

The department may certify single beds as temporary evaluation and treatment beds under RCW 71.05.745.

A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility.

A facility which is part of, or operated by, the department or any federal agency will not require certification.

No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder or a substance use disorder:

(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety;

or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

A person is presumed to be gravely disabled as a result of a substance use disorder if the person has an opioid use disorder characterized by active heroin use and has been a homeless person as defined under RCW 43.185C.010 for at least one year;(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning.

Habilitative services include education, training for employment, and therapy.

The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;(21) "In need of assisted outpatient mental health treatment" means that a person, as a result of a mental disorder:

(a) Has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months, or, if the person is currently committed for involuntary mental health treatment, the person has been committed to detention for involuntary mental health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle;

(b) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's treatment history or current behavior;

(c) is unlikely to survive safely in the community without supervision;

(d) is likely to benefit from less restrictive alternative treatment;

and (e) requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.

For purposes of (a) of this subsection, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation;(22) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;(b) The conditions and strategies necessary to achieve the purposes of habilitation;(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;(e) The staff responsible for carrying out the plan;(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release;

and(g) The type of residence immediately anticipated for the person and possible future types of residences;(23) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider.

This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;(24) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;(25) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;(26) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in RCW 71.05.585;(27) "Likelihood of serious harm" means:(a) A substantial risk that:

(i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

(ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm;

or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others;

or(b) The person has threatened the physical safety of another and has a history of one or more violent acts;(28) "Medical clearance" means a physician or other health care provider has determined that a person is medically stable and ready for referral to the designated mental health professional;(29) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;(30) "Mental health professional" means a psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;(31) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources.

This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;(32) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;(33) "Physician assistant" means a person licensed as a physician assistant under chapter 18.57A or 18.71A RCW;(34) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;(35) "Professional person" means a mental health professional and shall also mean a physician, physician assistant, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;(36) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW;

and who is board certified in advanced practice psychiatric and mental health nursing;(37) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;(38) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;(39) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;(40) "Registration records" include all the records of the department, behavioral health organizations, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;(41) "Release" means legal termination of the commitment under the provisions of this chapter;(42) "Resource management services" has the meaning given in chapter 71.24 RCW;(43) "Secretary" means the secretary of the department of social and health services, or his or her designee;(44) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;(45) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;(46) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;(47) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health organizations and their staffs, and by treatment facilities.

Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service.

Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health organizations, or a treatment facility if the notes or records are not available to others;(48) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards.

A triage facility may be structured as a voluntary or involuntary placement facility;(49) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.Sec. 302.  RCW 71.05.020 and 2016 sp.s.

c 29 s 204 and 2016 c 155 s 1 are each reenacted and amended to read as follows:The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Admission" or "admit" means a decision by a physician, physician assistant, or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;(2) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;(3) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;(4) "Approved substance use disorder treatment program" means a program for persons with a substance use disorder provided by a treatment program certified by the department as meeting standards adopted under chapter 71.24 RCW;(5) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;(6) "Chemical dependency" means:(a) Alcoholism;(b) Drug addiction;

or(c) Dependence on alcohol and one or more psychoactive chemicals, as the context requires;(7) "Chemical dependency professional" means a person certified as a chemical dependency professional by the department of health under chapter 18.205 RCW;(8) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;(9) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;(10) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;(11) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;(12) "Department" means the department of social and health services;(13) "Designated crisis responder" means a mental health professional appointed by the behavioral health organization to perform the duties specified in this chapter;(14) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;(15) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, physician assistant working with a supervising psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;(16) "Developmental disability" means that condition defined in RCW 71A.10.020(5);(17) "Discharge" means the termination of hospital medical authority.

The commitment may remain in place, be terminated, or be amended by court order;(18) "Drug addiction" means a disease, characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning;(19) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department.

The department may certify single beds as temporary evaluation and treatment beds under RCW 71.05.745.

A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility.

A facility which is part of, or operated by, the department or any federal agency will not require certification.

No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;(20) "Gravely disabled" means a condition in which a person, as a result of a mental disorder((, or as a result of the use of alcohol or other psychoactive chemicals)) or a substance use disorder:

(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety;

or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

A person is presumed to be gravely disabled as a result of a substance use disorder if the person has an opioid use disorder characterized by active heroin use and has been a homeless person as defined under RCW 43.185C.010 for at least one year;(21) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning.

Habilitative services include education, training for employment, and therapy.

The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;(22) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility, a long-term alcoholism or drug treatment facility, or in confinement as a result of a criminal conviction;(23) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;(24) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;(b) The conditions and strategies necessary to achieve the purposes of habilitation;(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;(e) The staff responsible for carrying out the plan;(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release;

and(g) The type of residence immediately anticipated for the person and possible future types of residences;(25) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider.

This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;(26) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or other psychoactive chemicals;(27) "In need of assisted outpatient mental health treatment" means that a person, as a result of a mental disorder:

(a) Has been committed by a court to detention for involuntary mental health treatment at least twice during the preceding thirty-six months, or, if the person is currently committed for involuntary mental health treatment, the person has been committed to detention for involuntary mental health treatment at least once during the thirty-six months preceding the date of initial detention of the current commitment cycle;

(b) is unlikely to voluntarily participate in outpatient treatment without an order for less restrictive alternative treatment, in view of the person's treatment history or current behavior;

(c) is unlikely to survive safely in the community without supervision;

(d) is likely to benefit from less restrictive alternative treatment;

and (e) requires less restrictive alternative treatment to prevent a relapse, decompensation, or deterioration that is likely to result in the person presenting a likelihood of serious harm or the person becoming gravely disabled within a reasonably short period of time.

For purposes of (a) of this subsection, time spent in a mental health facility or in confinement as a result of a criminal conviction is excluded from the thirty-six month calculation;(28) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;(29) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health and substance use disorder service providers under RCW 71.05.130;(30) "Less restrictive alternative treatment" means a program of individualized treatment in a less restrictive setting than inpatient treatment that includes the services described in RCW 71.05.585;(31) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington;(32) "Likelihood of serious harm" means:(a) A substantial risk that:

(i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;

(ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm;

or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others;

or(b) The person has threatened the physical safety of another and has a history of one or more violent acts;(33) "Medical clearance" means a physician or other health care provider has determined that a person is medically stable and ready for referral to the designated crisis responder;(34) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;(35) "Mental health professional" means a psychiatrist, psychologist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;(36) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders or substance use disorders as defined under this section and receives funding from public sources.

This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or behavioral health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, approved substance use disorder treatment programs as defined in this section, secure detoxification facilities as defined in this section, and correctional facilities operated by state and local governments;(37) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;(38) "Physician assistant" means a person licensed as a physician assistant under chapter 18.57A or 18.71A RCW;(39) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, or approved substance use disorder treatment program, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, substance use disorders, or both mental illness and substance use disorders;(40) "Professional person" means a mental health professional or designated crisis responder and shall also mean a physician, physician assistant, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;(41) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW;

and who is board certified in advanced practice psychiatric and mental health nursing;(42) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;(43) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;(44) "Public agency" means any evaluation and treatment facility or institution, secure detoxification facility, approved substance use disorder treatment program, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, substance use disorders, or both mental illness and substance use disorders, if the agency is operated directly by federal, state, county, or municipal government, or a combination of such governments;(45) "Registration records" include all the records of the department, behavioral health organizations, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness or substance use disorders;(46) "Release" means legal termination of the commitment under the provisions of this chapter;(47) "Resource management services" has the meaning given in chapter 71.24 RCW;(48) "Secretary" means the secretary of the department of social and health services, or his or her designee;(49) "Secure detoxification facility" means a facility operated by either a public or private agency or by the program of an agency that:(a) Provides for intoxicated persons:(i) Evaluation and assessment, provided by certified chemical dependency professionals;(ii) Acute or subacute detoxification services;

and(iii) Discharge assistance provided by certified chemical dependency professionals, including facilitating transitions to appropriate voluntary or involuntary inpatient services or to less restrictive alternatives as appropriate for the individual;(b) Includes security measures sufficient to protect the patients, staff, and community;

and(c) Is certified as such by the department;(50) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;(51) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;(52) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems.

The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances;(53) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;(54) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health organizations and their staffs, and by treatment facilities.

Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service.

Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health organizations, or a treatment facility if the notes or records are not available to others;(55) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards.

A triage facility may be structured as a voluntary or involuntary placement facility;(56) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.PART IVNEW SECTION.  Sec. 401.  The legislature finds that:

and information must be gathered regarding the number of homeless shelter spaces available on any given night.NEW SECTION.  Sec. 302.  ASECTION.  Sec. 402.  A new section is added to chapter 43.185C RCW to read as follows:Anyfollows:(1) It is unlawful for any person to camp upon any private property without the express written consent of the property owner or the owner's agent, and only in such locations where camping may be conducted in accordance with any other applicable state law.(2) It is unlawful for any person to camp upon any public property except in any location where camping has been expressly allowed by the officer or agency having the control, management, and privatelysupervision ownedof homelessthe shelterpublic housingproperty homelessin individualsquestion.(3) mustThe provideprohibition in subsections (1) and (2) of this section does not apply to any person:(a) Sitting or lying down due to a dailymedical reportemergency onor due to a sensory, mental, or physical disability;(b) Who, as the numberresult of bedsa availablesensory, thatmental, mustor bephysical inputteddisability, intoutilizes a centralwheelchair, informationwalker, systemor similar device to bemove createdabout bya public sidewalk;(c) Operating or patronizing a business with permission to occupy the departmentsidewalk;(d) andParticipating thatin mayor beattending useda parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a special event or other applicable permit;(e) Sitting on a chair or bench supplied by lawa enforcementpublic officialsagency andor localby governmentsthe searchingabutting forprivate homelessproperty shelterowner spacepursuant to the appropriate permit or homelesslicense;(f) encampments.Sitting within a bus stop zone while waiting for public or private transportation;(g) Sitting on a privately owned sidewalk fixture with the permission of the owner;(h) Engaging in constitutionally protected expressive activities that would otherwise be restricted by the limitations in subsections (1) and (2) of this section;

Theor(i) departmentWho mustis maintainhomeless theduring centrala informationtime systemframe andwhen providelocal annualhomeless reportsshelter beginningspace Decemberor 1,homeless 2017,encampment andspace annuallyis thereafter,unavailable.(4) toA thelaw legislatureenforcement providingofficer recommendationsmay fornot improvementissue toa thecitation, centralmake informationan system.NEWarrest, SECTION.  Sec. 303.  Aor newotherwise enforce this section isagainst addedany toperson chapterunless 43.185Cthe RCWofficer orally requests or orders the person to readrefrain asfrom follows:(1)the Thealleged stateviolation of Washingtonthis herebysection fullyand, occupiesif andthe preemptsperson fails to comply after receiving the entireoral fieldrequest ofor homelessorder, encampmentthe guidelinesofficer andtenders regulations,a withinwritten request or order to the boundariesperson ofwarning that if the state,person fromfails settingto guidelinescomply the person may be cited or arrested for homelessa encampmentsviolation belowof newthis statesection.(5) standardsFor purposes of healththis andsection:(a) safety"Camp" setmeans byto thereside departmentor dwell temporarily in a place for authorizedthe homelesspurpose encampments.of seeking shelter.

"Shelter" includes, without limitation, any recreational vehicle, tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing.

"Reside or dwell" includes, without limitation, conducting such activities as eating, sleeping, or the storage of personal possessions.(b) "Public property" means any street, alley, sidewalk, parking space, pedestrian or transit mall, bike path, greenway, or any other structure or area encompassed within the public right-of-way;

any park, parkway, mountain park, or other recreation facility;

or any other grounds, buildings, fixtures, or other facilities owned or leased by the state or by any other public owner, regardless of whether such public property is vacant or occupied and actively used for any public purpose.(6) A violation of this section is a misdemeanor.NEW SECTION.  Sec. 403.  A new section is added to chapter 43.185C RCW to read as follows:Any public and privately owned homeless shelter housing homeless individuals must provide a daily report on the number of beds available that must be inputted into a central information system to be created by the department and that may be used by law enforcement officials and local governments searching for homeless shelter space or homeless encampments.

The department must maintain the central information system and provide annual reports beginning December 1, 2017, and annually thereafter, to the legislature providing recommendations for improvement to the central information system.NEW SECTION.  Sec. 404.  A new section is added to chapter 43.185C RCW to read as follows:(1) The state of Washington hereby fully occupies and preempts the entire field of homeless encampment guidelines and regulations, within the boundaries of the state, from setting guidelines for homeless encampments below new state standards of health and safety set by the department for authorized homeless encampments.

That map must be posted on that jurisdiction's web site and the department's web site, to be updated daily.(4)monthly.(4) By July 1, 2018, the largest cities in each of the state's two most populous counties must authorize as many encampment spaces as necessary to house all of that city's homeless population and enforce unauthorized camping statutes.(5) By January 1, 2019, all unauthorized encampments must be closed down or that jurisdiction must not receive any state funding for homeless programs.(6) By July 1, 2019, all cities in the state's most populous county must authorize as many encampment spaces as necessary to house all of the city's homeless population.(7) By July 1, 2020, the largest city in the state's third most populous county must authorize as many encampment spaces as necessary to house all of that city's homeless population.(8) By July 1, 2021, any local government that duly enacts laws or ordinances permitting homeless encampments must authorize as many encampment spaces as necessary to house all of that local government's homeless population.(9) All available encampment spaces must be listed on that local government's web site and be reported daily to the department.

A local government that fails to provide adequate homeless encampment spaces must not receive any state funding for homeless programs.(10) OnThe astate dailyauditor basis, a local government must reportprovide thean followingannual informationcertification to the department,state aslegislature welland asstate listboard theof informationhealth on that localthe government'sdepartment webis site:(a)compliant Thewith numberthe ofrequirements unauthorizedset encampments;(b)forth Thein numberthis ofsection.PART unauthorizedVNEW encampmentsSECTION.  Sec. 501.  In that2005, arethe closed;(c)state Thecreated totalthe numbergoal of peoplereducing homelessness in unauthorizedWashington encampments,state emergencyby shelters,fifty andpercent transitionalwithin housing,ten asyears. well as the number of entry and exits into such housing;

and(d) The number of deaths in both authorized and unauthorized encampments.(11) The state auditor must provide an annual certification to the state legislature and state board of health that the department is compliant with the requirements set forth in this section.PART IVNEW SECTION.  Sec. 401.  In 2005, the state created the goal of reducing homelessness in Washington state by fifty percent within ten years.

Therefore, the legislature intends to review state and local homelessness prevention, assistance, and housing efforts on a more frequent basis to improve the development of cost-effective programs and identification of best practices to expand housing security across the state.Sec. 402.  RCWstate.Sec. 502.  RCW 43.185C.030 and 2013 c 200 s 25 are each amended to read as follows:(1) The department shall annually conduct a Washington homeless census or count consistent with the requirements of RCW 43.185C.180.

The department shall work with local governments and their providers to develop a capacity for continuous case management to assist homeless persons.(6) By the end of year four, the department shall implement an organizational quality management system.Sec. 403.  RCWsystem.Sec. 503.  RCW 43.185C.040 and 2015 c 69 s 25 are each amended to read as follows:(1) ((Six months after the first Washington homeless census,)) The department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, prepare and publish a ((ten-year)) five-year homeless housing strategic plan which ((shall)) must outline statewide goals and performance measures and ((shall)) must be coordinated with the plan for homeless families with children required under RCW 43.63A.650.

The plan must include at least the following information:(a) Performance measures and goals,goals including efficiency and effectiveness measures, to reduce homelessness, including long-term and short-term goals;(b) An analysis of the services and programs being offered at the state and county level and an identification of those representing best practices and outcomes;(c) Recognition of services and programs targeted to certain homeless populations or geographic areas in recognition of the diverse needs across the state;(d) New or innovative funding, program, or service strategies to pursue;(e) An analysis of current drivers of homelessness and/or improvements to housing security such as increases and reductions to employment opportunities, housing scarcity and affordability, health and behavior health services, chemical dependency treatment, and incarceration rates;

((Local governments' ten-year homeless housing plans shall not be substantially inconsistent with the goals and program recommendations of the temporary guidelines and, when amended after 2005, the state strategic plan.(2))) Program outcomes ((and)), performance measures, efficiency and effectiveness measures, and goals ((shall)) must be created by the department ((and reflected in the department's homeless housing strategic plan as well as interim goals)) in collaboration with local governments against which ((state and)) local governments' performance ((may)) will be measured((, including:(a) By the end of year one, completion of the first census as described in RCW 43.185C.030;(b) By the end of each subsequent year, goals common to all local programs which are measurable and the achievement of which would move that community toward housing its homeless population;

and(k) The effectiveness of outreach to homeless persons, and their satisfaction with the program.(4))) (5) Based on the performance of local homeless housing programs in meeting their ((interim)) goals, on general population changes and on changes in the homeless population recorded in the annual census, the department may ((revise the performance measures and goals of the state homeless housing strategic plan, set goals for years following the initial ten-year period, and recommend)) require changes in local governments' plans to be eligible for state funding appropriated to the department for homeless programs.Sec. 404.  RCWprograms.Sec. 504.  RCW 43.185C.070 and 2005 c 484 s 11 are each amended to read as follows:(1) During each calendar year in which moneys from the ((homeless housing)) home security fund account are available for use by the department for the homeless housing grant program, the department shall announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration.

and(j) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan.Sec. 405.  RCWplan.Sec. 505.  RCW 43.185C.160 and 2005 c 485 s 1 are each amended to read as follows:(1) Each county shall create a homeless housing task force to develop a ((ten-year)) five-year homeless housing plan addressing short-term and long-term housing for homeless persons.

and(e) Long-term housing.Guidelines must include, when appropriate, standards for health and safety and notifying the public of proposed facilities to house the homeless.(3) Each county, including counties exempted from creating a new task force under subsection (1) of this section, shall report to the department ((of community, trade, and economic development)) such information as may be needed to ensure compliance with this chapter, including the annual report required in section 407507 of this act.Sec. 406.  RCWact.Sec. 506.  RCW 43.185C.170 and 2006 c 349 s 7 are each amended to read as follows:(1) The interagency council on homelessness, as defined in RCW 43.185C.010, shall be convened not later than August 31, 2006, and shall meet at least two times each year and report to the appropriate committees of the legislature annually by December 31st on its activities.(2) The interagency council on homelessness shall work to create greater levels of interagency coordination and to coordinate state agency efforts with the efforts of state and local entities addressing homelessness.(3) The interagency council on homelessness must respond to all state and local legislative and policy recommendations included in the state and local ending homeless plans.

and(f) Ensure that the housing status of people served by state programs is collected in consistent formats available for analysis.NEW SECTION.  Sec. 407.  ASECTION.  Sec. 507.  A new section is added to chapter 43.185C RCW to read as follows:(1) By February 1st of each year, the department must provide an update on the state's homeless housing strategic plan and its activities for the prior fiscal year.

If a local government fails to report or provides an inadequate or incomplete report, the department must take corrective action, which may include withholding state funding for homelessness assistance to the local government to enable the department to use such funds to contract with other public or nonprofit entities to provide homelessness assistance within the jurisdiction.Sec. 408.  RCWjurisdiction.Sec. 508.  RCW 36.22.178 and 2011 c 110 s 1 are each amended to read as follows:The surcharge provided for in this section shall be named the affordable housing for all surcharge.(1) Except as provided in subsection (3) of this section, a surcharge of ten dollars per instrument shall be charged by the county auditor for each document recorded, which will be in addition to any other charge authorized by law.

and(d) Operating costs for emergency shelters and licensed overnight youth shelters.(3) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.Sec. 409.  RCWtrust.Sec. 509.  RCW 36.22.179 and 2014 c 200 s 1 are each amended to read as follows:(1) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsection (2) of this section, an additional surcharge of ten dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law.

and(ii) Fund the homeless housing grant program.(2) The surcharge imposed in this section does not apply to (a) assignments or substitutions of previously recorded deeds of trust, (b) documents recording a birth, marriage, divorce, or death, (c) any recorded documents otherwise exempted from a recording fee or additional surcharges under state law, (d) marriage licenses issued by the county auditor, ((or))or (e) documents recording a state, county, or city lien or satisfaction of lien,lien.Sec. 510.  RCW or (f) documents recording a water-sewer district lien or satisfaction of a lien for delinquent utility payments.Sec. 410.  RCW 36.22.1791 and 2011 c 110 s 3 are each amended to read as follows:(1) In addition to the surcharges authorized in RCW 36.22.178 and 36.22.179, and except as provided in subsection (2) of this section, the county auditor shall charge an additional surcharge of eight dollars for each document recorded, which is in addition to any other charge allowed by law.

and(ii) Fund the homeless housing grant program.(2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.Sec. 411.  RCWtrust.Sec. 511.  RCW 43.185C.240 and 2015 c 69 s 26 are each amended to read as follows:(1) As a means of efficiently and cost-effectively providing housing assistance to very-low income and homeless households:(a) Any local government that has the authority to issue housing vouchers, directly or through a contractor, using document recording surcharge funds collected pursuant to RCW 36.22.178, 36.22.179, or 36.22.1791 must:(i)(A) Maintain an interested landlord list, which at a minimum, includes information on rental properties in buildings with fewer than fifty units;(B) Update the list at least once per quarter;(C) Distribute the list to agencies providing services to individuals and households receiving housing vouchers;(D) Ensure that a copy of the list or information for accessing the list online is provided with voucher paperwork;

and(iv) Annually submit the ((calendar)) fiscal year data to the department ((by October 1st, with preliminary data submitted by October 1, 2012, and full calendar year data submitted beginning October 1, 2013)).(b) Any local governmentsgovernment in the five most populous counties as determined by the department receiving ((moremore than three((three millionmillion)) five hundred thousand dollars))dollars any funds during the previous ((calendar)) fiscal year from document recording surcharge funds collected pursuant to RCW 36.22.178, 36.22.179, and 36.22.1791, must apply to the Washington state quality award program, or similar Baldrige assessment organization, for an independent assessment of its quality management, accountability, and performance system.

or (ii) a block of units on behalf of multiple tenants.(c) "Interested landlord list" means a list of landlords who have indicated to a local government or contractor interest in renting to individuals or households receiving a housing voucher funded by document recording surcharges.(d) "Private rental housing" means housing owned by a private landlord and does not include housing owned by a nonprofit housing entity or government entity.(3) This section expires June 30, 2019.PART VNEWVINEW SECTION.  Sec. 501.  TheSECTION.  Sec. 601.  The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2018, from the general fund to the department of commerce to be distributed to five housing authorities, using a selection method and distribution formula to be determined by the department, to implement a quality management system and prepare and submit an application to the Washington quality awards program by December 31, 2019.NEW SECTION.  Sec. 502.  TheSECTION.  Sec. 602.  The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2018, from the general fund to the department of commerce to be distributed to five community action agencies, using a selection method and distribution formula to be determined by the department, to implement a quality management system and prepare and submit an application to the Washington quality awards program by December 31, 2019.NEW SECTION.  Sec. 503.  TheSECTION.  Sec. 603.  The sum of two hundred thousand dollars, or as much thereof may be necessary, is appropriated for the fiscal biennium ending June 30, 2019, and every two years thereafter, from the performancegeneral auditsfund of government account to the state auditor's office for the purpose of an audit to determine the effectiveness and efficiency of state homeless programs.---programs.NEW SECTION.  Sec. 604.  Section 301 of this act expires April 1, 2018.NEW SECTION.  Sec. 605.  Section 302 of this act takes effect April 1, 2018.--- END ---