(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.
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Terms Used In Washington Code 72.05.400

  • Community facility: means a group care facility operated for the care of juveniles committed to the department under RCW 13. See Washington Code 72.05.020
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of children, youth, and families. See Washington Code 72.05.020
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Secretary: means the secretary of the department. See Washington Code 72.05.020
  • Service provider: means the entity that operates a community facility. See Washington Code 72.05.020
(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:
(a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited.
(b) When the secretary or service provider has determined the community facility’s location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.
(c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days’ advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, any library district in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility. Before initiating this process, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.
(3) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.
(4) This section shall apply only to community facilities sited after September 1, 1998.

NOTES:

Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.
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