Section 9a:

Understanding The Family Reconciliation act: ARY-CHINS-FRS for youth 12-17

Quick Links to information below

What is the Family reconciliation act?

What is an at-risk-youth (ARY) and what does it entail ?

What is a child in need of services (CHINS) and what does it entail?

What are the main differences between an ARY and a CHINS?

What are Family Reconciliation services and how does it fit into FRA, ARY and CHINS?

How and when can you get Family Reconciliation Services from DCYF?

-FRA
-ARY
-Chins
-FRS

What is the Family Reconciliation Act?

The Family Reconciliation Act (FRA) was enacted to address conflicts within families and provide support to at-risk youth, children in need of services (CHINS), and families struggling with issues like truancy, substance abuse, or behavioral challenges. Originating in Washington in response to the deaths of runaway youth like Rebecca “Becca” Hedman, the FRA is part of the “Becca Bill,” which amended state laws to enforce stricter truancy measures and support family reconciliation through two phases: community-based and legal intervention.

The community-based phase involves crisis residential centers (CRCs), mental health counseling agencies, and Family Reconciliation Services (FRS). These services aim to keep families intact by addressing imminent threats to health or stability. FRS includes referrals for suicide prevention, substance abuse treatment, family counseling, and parenting education. If conflicts persist, the legal phase involves filing petitions for at-risk youth (ARY) or CHINS to seek court-supervised interventions (RCW 13.32A).

Key definitions under the FRA include:

  • At-risk youth (ARY): A juvenile absent from home for 72 hours, beyond parental control, or with substance abuse issues unrelated to criminal charges (RCW 13.32A.030).
  • CHINS: A child in need of services due to unsafe behaviors, truancy, or a lack of essential services like food or shelter. Parents or children may file CHINS petitions to obtain assessments, services, or temporary out-of-home placements (RCW 13.32A.030, 13.32A.150).

Law enforcement can play a role by taking youth into custody if they are runaways, in unsafe conditions, or violating court orders. (RCW 43.185C.260) These youth may be placed in CRCs, which provide a supportive environment for up to 72 hours while assessing family dynamics and determining next steps (RCW 13.32A). Secure CRCs are available when youth are at risk of leaving semi-secure placements.

In sum, the FRA prioritizes family preservation while recognizing the need for legal interventions when community-based efforts are insufficient. It empowers parents and agencies to work collaboratively, ensuring youth safety while offering pathways to family reconciliation.

What is an At-Risk Youth (ARY) and what does it entail?

An At-Youth (ARY) is defined as a juvenile who: 

  1. Has been absent from home for at least 72 consecutive hours without parental consent.
  2. Is beyond parental control, endangering their own health, safety, or welfare, or that of others.
  3. Has a substance abuse issue with no pending criminal charges related to the substance use (RCW 13.32A).

ARY Petition Process

Parents (or legal custodians/guardians) are the only individuals allowed to file an ARY petition (RCW 13.32A.191). However, the juvenile court shall not accept the filing of an at risk youth petition by the parent, unless verification is provided that DCYF has completed a family assessment. If the petition is for out of home placement, then the family assessment does not have to be done before filing but will eventually need to be completed by DCYF. (RCW 13.32A.150) 

Pre-Filing Assistance

The Department of Children, Youth and Families (DCYF) can shall, when requested, assist parents in filing an ARY petition (RCW 13.32A.191(1)).  Courts cannot refuse to accept properly completed petitions. (RCW 13.32A.205).

Custody During Proceedings

While the petition is pending, the youth will typically remain in their parent’s home unless an out-of-home placement is authorized by the court. There will be periodic reviews of the placement by the court. (RCW 13.32A.197(2) and 13.32A.198). The parents can also request a review by the court for an out of home placement order. (RCW 13.32A.190(3)).

Court Hearings

Once an ARY petition is filed, the court must:

  • Schedule a fact-finding hearing (this is a hearing determining whether there will be an at-risk-youth case that will be ongoing) within 5-10 days, depending on the child’s living situation.
  • A dispositional hearing (this is a fancy word for determining what services, or assistance the family will need to resolve the family conflicts or problems) is held within 14 days of the fact-finding hearing. The court will consider input from all parties, including DCYF if involved. The court may order services such as: Regular school attendance, counseling,  substance abuse treatment, mental health outpatient treatment, participation in an anger management program or other tailored conditions.  In extreme cases, the court may order placement in a secure facility if necessary for the youth’s protection. (RCW 13.32A.030(11)) NOTE: involuntary commitment for mental health or substance abuse treatment is not permitted under ARY proceedings (RCW 13.32A 196(4).).
  • Review hearings occur within three months of the dispositional order to assess compliance and determine whether supervision should continue. Court supervision typically ends within 180 days unless extended by the court and agreed to by the parent for compelling reasons and the extention shall not exceed 90 days.  (RCW 13.32A.198).

Parental Responsibilities

Parents may be required to participate in counseling or other services. They are financially responsible for court-ordered services but retain eligibility for public benefits (RCW 13.32A).

Contempt and Enforcement

Both parents and youth can be held in contempt for failing to comply with court orders. The court may issue detention orders for runaway youth who violate placement conditions (RCW 13.32A179(5)) (RCW 13.32A.250)

Dismissals

Parents can request dismissal of the ARY petition at any time unless there are pending contempt actions or other proceedings. The court may also dismiss a case if it determines that supervision serves no further purpose (RCW 13.32A.196(6)).

No Entitlement to Services

The law does not guarantee access to services. DCYF may deny services if they are unavailable, unsuitable, or the family is ineligible (RCW 13.32A.300).

What is a Child in need of services (CHINS) and what does it entail?

Definition of CHINS

A Child in Need of Services (CHINS) petition is a legal process designed to help families and youth aged 12-17 when significant conflict or issues make it unsafe or impossible for the child to remain at home. Under RCW 13.32A.030(5), a CHINS petition may be filed if:

  • The child is absent from home without parental consent.
  • The child requires services to resolve family conflict or issues.
  • Court intervention is necessary to maintain the child’s health, safety, or welfare.

Filing a CHINS Petition

The Juvenile court shall NOT accept the filing of a CHINS petition by the child or parents or the filing unless verfication is provided that DCYF has completed a family assessment. But if the petition is for out of home placement this does not have to be done prior to the filing of the petition. (RCW 13.32A.150). A CHINS petition can be filed by a parent, child, or the Department of Children, Youth, and Families (DCYF). The petition must be filed in the juvenile court of the county where the parent or custodian resides.

Fact-Finding Hearing

Once the petition is filed, the court will schedule a fact-finding hearing to determine whether the petition is justified. According to RCW 13.32A.170, the court may grant the petition if it finds, by a preponderance of the evidence, that the child meets the criteria for being in need of services. If granted, the court may:

  • Order the child to reside in an out-of-home placement.
  • Place the child with a suitable family member or guardian.

Focus on Family Reconciliation

The CHINS process prioritizes family reconciliation and reunification whenever possible. Services provided may include:

  • Counseling.
  • Mental health or substance abuse treatment.
  • Other community-based services to address the family’s needs. These efforts aim to create a safe and stable environment for the child (RCW 13.32A.030 (11)).

Out-of-Home Placements and Court Review

Out-of-home placements ordered under a CHINS petition are temporary and subject to regular court reviews. Under RCW 13.32A.190, the court must review the placement every three months to ensure it remains necessary and appropriate. If the issues are resolved:

  • The child may return home.
  • The case may be dismissed. If the issues persist, the court may extend the placement for good reasons but only up to 90 days.

Responsibilities of Parents and Youth

Parents and youth have specific roles in a CHINS case:

  • Parents are expected to participate in services and comply with the court’s orders.
  • Youth are required to engage in programs or counseling as directed. The goal is to resolve family conflict and ensure the child’s safety and well-being, with a focus on reunifying the family whenever possible.

What are the main differences between an ARY and a CHINS?

Purpose

  • ARY: Focuses on helping parents manage a youth whose behavior is beyond their control but does not necessarily require removing the youth from the home.
  • CHINS: Focuses on youth who need out-of-home placement due to serious behavioral issues, family conflict, or other risks that cannot be managed at home.

Filing

  • ARY: Can only be filed by the parent or legal guardian of the youth.
  • CHINS: Can be filed by the youth, the parent, or the Department of Children, Youth, and Families (DCYF).

Behavior Addressed

  • ARY:
    • The youth is absent from home without parental consent for at least 72 consecutive hours.
    • The youth is beyond parental control, creating a risk to their health, safety, or welfare, or that of others.
    • The youth has a substance abuse problem but no pending criminal charges related to it.
  • CHINS:
    • The youth is beyond parental control, endangering themselves or others.
    • The youth has run away for at least 24 consecutive hours on two or more occasions and is engaging in behaviors like substance abuse or actions that create serious risks to themselves or others.
    • The youth is in need of basic services (food, shelter, education) and the parent is unable or unwilling to provide them.
    • The youth is a sexually exploited child under the law.

Placement

  • ARY: The youth remains in the parent’s home unless otherwise ordered by the court.
  • CHINS: Often involves out-of-home placement, either temporarily or for a longer period, with the parent’s consent or by court order.

Legal Thresholds

  • ARY: Requires proof that the youth’s behavior endangers their own or others’ welfare and that court intervention is necessary to assist the parent in maintaining control.
  • CHINS: Requires evidence that out-of-home placement is essential due to unresolved family conflict, the parent’s inability to care for the child, or safety concerns.

Focus

  • ARY: Focuses on keeping the youth in the home and providing support to the family to address behavioral issues.
  • CHINS: Focuses on resolving family conflicts or addressing the youth’s needs through out-of-home placement when the family situation cannot be safely managed otherwise.

Filing Requirments

  • ARY:
    • Parent must allege that alternatives to court intervention have been attempted or explain why they have not been tried.
    • Seeks court assistance in maintaining care, custody, and control of the youth.
  • CHINS:
    • Includes more severe situations where the youth’s behavior or circumstances require out-of-home care or when the parent is unable or unwilling to provide care.
    • DCYF involvement is often necessary for CHINS cases, particularly when dependency or safety concerns arise.

What are Family Reconciliation Services and how does it fit into FRA, ARY, and CHINS?

The Family Reconciliation Services (FRS) policy, as outlined in DCYF Policy 3100, provides voluntary services to families with youth aged 12 to 17 who are experiencing family conflicts, at-risk youth (ARY), or youth in need of services (CHINS). The goal of FRS is to address family crises and avoid out-of-home placements whenever safe, while also supporting family reunification when necessary.

Key Features of FRS:

  1. Purpose:

    • Resolve family conflicts.
    • Address serious threats to the health and stability of families.
    • Maintain family units and prevent out-of-home placements when safe.
    • Facilitate family reunification after an out-of-home placement.

  2. Authority:

    • Rooted in the Family Reconciliation Act (RCW 13.32A).
    • Supported by laws related to youth services, crisis residential centers, HOPE centers, and community support teams.

  3. Caseworker Responsibilities:

    • Contact the youth and their parents/guardians within 24 hours (excluding weekends and holidays) of case assignment to offer FRS services.
    • Conduct a Family Assessment and involve a multidisciplinary team, if applicable, to identify services that can help keep the family intact.
    • Refer families to appropriate community and in-home services.
    • Assist with filing ARY or CHINS petitions, particularly when dependency is not pursued, or the court is being asked to approve out-of-home placement.
    • Follow Indian Child Welfare Act (ICWA) policies and collaborate with tribes when a child may be an Indian child.
    • Address concerns related to Commercially Sexually Exploited Children (CSEC) when necessary.
    • Provide resources for protected health care services, including behavioral, reproductive, and gender-affirming care.

  4. Additional Considerations:

    • Provide families with the Public Notice of Nondiscrimination and ensure compliance with disability access policies.
    • Continue FRS services even when families are working with Community Support Teams (CSTs).

  5. For Youth in Sheltered Care:

    • Caseworkers must contact the youth and notify parents/guardians if a report is received, ensuring good faith efforts are made to communicate.

  6. Forms and Resources:

How and when can you get family reconciliation services from DCYF?

How to Get FRS

  1. Voluntary Request
    FRS is a voluntary service, which means parents, guardians, or youth themselves can request assistance from DCYF. Families experiencing ongoing conflicts, runaway situations, behavioral issues, or other challenges can contact DCYF for help (RCW 13.32A.040).

  2. Referral by DCYF Caseworker
    During a CPS intake or other investigation, if it is determined that the family conflict does not meet the criteria for abuse or neglect, DCYF may recommend FRS to help resolve issues and stabilize the family (RCW 13.32A.040).

  3. Through ARY or CHINS Cases
    FRS can also be provided as part of a court-ordered process during At-Risk Youth (ARY)  (RCW 13.32A.040) or Child in Need of Services (CHINS) (RCW 13.32A.100–DCYF shall provide) cases. If a petition is filed, the court may direct DCYF to provide FRS as part of the intervention. 

  4. Community-Based Referrals
    Families may be referred to FRS by schools, law enforcement, or other community agencies that identify a need for intervention due to runaway behavior, truancy, or family conflict.

When You Can Get FRS

  1. Family Conflict or Crisis
    FRS is available when families are experiencing significant conflict that threatens their stability, such as persistent arguments, defiance, or runaway behaviors 

  2. At-Risk Youth
    Families with youth exhibiting at-risk behaviors—such as substance use, running away, or being beyond parental control—can qualify for FRS.

  3. Child in Need of Services
    When a youth’s safety or behavior requires out-of-home placement or other intensive interventions, FRS can be offered to help resolve the issues.

  4. Prevention of Out-of-Home Placement
    FRS is provided as a preventive measure to avoid placing the youth in foster care or other out-of-home settings. The goal is to resolve family issues while keeping the youth at home whenever possible.

  5. Court-Ordered Situations
    During legal processes like ARY or CHINS petitions, the court may mandate FRS as part of the intervention to address family conflicts or behavioral concerns.

What Happens After You Request FRS?

  1. Initial Contact
    A DCYF caseworker will contact the family within 24 hours (excluding weekends and holidays) after being assigned the case to assess the situation and offer FRS (DCYF Policy 3100).

  2. Family Assessment
    DCYF will conduct a family assessment, to identify available services and develop a plan tailored to the family’s needs.

  3. Service Provision
    FRS may include counseling, conflict management training, referrals to community resources, or other interventions to help the family resolve their issues.

Key Points to Remember

  • FRS is voluntary and meant to support families in crisis, not to punish or penalize them.
  • FRS can serve as a first phase of intervention, often before legal action is taken, and may prevent more intrusive measures like dependency filings.
  • If you feel your family needs support, don’t hesitate to reach out to DCYF or community resources for FRS.
  • Remember these services are subject to what is available from DCYF. However, if under a court order, DCYF, shall provide these services. 

Links, Forms & Publications

Links