2598-S

AN ACT Relating to children and family services; amending RCW 74.14A.020, 70.190.005, 70.190.010, 70.190.030, and 74.14A.050; adding new sections to chapter 43.131 RCW; adding a new section to chapter 43.84 RCW; adding new sections to chapter 70.190 RCW; creating a new section; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART I: CHILDREN AND FAMILY SERVICES POLICY

Sec. 1. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

The ((~~department of social and health services~~)) efforts of all state agencies, individually and collectively, shall address the needs of children and their families, including emotionally disturbed ((~~and~~)), developmentally disabled, and mentally ill children, potentially dependent children, and families-in-conflict by:

(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to ((~~the~~)) family homes, consistent with the best interests and special needs of the child;

(2) Developing and implementing comprehensive, preventive, and early intervention social and health services that demonstrate the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

(3) Ensuring that appropriate social and health services are provided to the family unit both prior to the removal of a child from the home and after the family ((~~reunification~~)) is reunited;

(((3) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;))

(4) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

(5) Recognizing the interdependent and changing nature of families and communities, building upon inherent family strengths, maintaining families' dignity and respect, and tailoring programs to their specific circumstances;

(6) Being sensitive to family and community culture, norms, values, and expectations, ensuring that all services are accessible and are provided in a culturally competent and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of service planning, delivery, and evaluation efforts;

(7)(a) Developing coordinated ((~~social and health~~)) services for children and families which:

((~~(a)~~)) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

((~~(b)~~)) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

((~~(c)~~)) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

((~~(d)~~)) (iv) Focus resources on ((~~social and health~~)) problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

((~~(e)~~)) (v) Reduce duplication of and gaps in service delivery;

((~~(f)~~)) (vi) Improve planning, budgeting, and communication among ((~~all units of the department~~)) state and local agencies and private organizations serving children and families; and

((~~(g) Develop~~)) (vii) Use outcome standards for measuring the effectiveness of ((~~social and health~~)) services for children and families.

(b) In developing services under this subsection, local communities shall be partners with the state in planning, developing, implementing, and administering support systems that are tailored to their unique needs.

Sec. 2. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:

The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, and strengthen((~~, and help refashion family~~)) families' and ((~~community associations~~)) communities' efforts to care for children.

The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((~~a common~~)) an approach ((~~to their delivery~~)) that allows communities to design and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children ((~~and~~)); (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local services agencies; (3) to establish a children and family services system that utilizes and integrates resources available at the state, regional, local, and community levels; (4) to build upon local efforts already in place to accomplish the purposes of chapter . . ., Laws of 1994 (this act); (5) to bring together representatives of a broad range of local agencies, organizations, and individuals to develop an integrated children and family services system at the local level; (6) to provide data on unmet need and emerging issues that may require further state and local action; and (7) to partially decentralize and reconfigure children and family services, which may include those currently administered by the department of social and health services, the department of community, trade, and economic development, the department of health, the employment security department, and the office of the superintendent of public instruction.

Sec. 3. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Comprehensive plan" or "plan" means a two-year action plan and a ten-year strategic plan that identifies achievable outcomes for children and families, examines available resources and unmet needs ((~~for~~)), and designs an integrated system of services for children and families, as provided in section 8 of this act, for a city with a population in excess of one hundred thousand, an Indian tribe, a county or a multicounty area((~~, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported~~)).

(2) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, the office of financial management, and such other departments as may be specifically designated by the governor.

(3) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, ((~~and~~)) the director of the department of community, trade, and economic development, and the director of the office of financial management, or their designees, one legislator from each caucus of the senate and house of representatives, and one representative of the governor. One representative each from counties, cities or towns, and school districts, two representatives of children and family services providers, two citizens with a demonstrated interest in children, one representative of the business community and one representative of organized labor who has demonstrated an interest in children, also shall be appointed by the governor to serve on the council.

(4) "Outcome ((~~based~~)) standard" means a defined and measurable ((~~outcomes and indicators that make it possible for communities to~~)) standard against which the state and communities can evaluate progress in meeting their goals and ((~~whether systems~~)) that can be used to determine whether community family councils are fulfilling their responsibilities.

(5) (("Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a consortium's project. Up to half of the consortium's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

~~(6) "Consortium~~)) "Community family council" or "community council" means ((a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively)) an entity, other than a state agency, established pursuant to section 5 of this act.

(6) "Case management" means a service delivery method that provides easy access to the system and, where appropriate, development of a case plan for a child and his or her family, and service brokering between the family and service providers.

NEW SECTION. Sec. 4. DEVELOPMENT OF OUTCOME STANDARDS FOR CHILDREN AND FAMILIES. The family policy council shall coordinate an interagency process to develop defined and measurable program and policy outcome standards for children and families in Washington state with respect to:

(1) Family self-sufficiency and stability;

(2) Family health;

(3) Readiness to learn; and

(4) Youth at risk.

Outcome standards shall be developed in consultation with and with reference to the department of health's public health services improvement plan; the commission on student learning; the child care coordinating committee; the developmental disabilities planning council; the comprehensive housing affordability strategies developed pursuant to 42 U.S.C. Secs. 12701 et seq.; the five-year Washington state housing advisory plan; other appropriate state entities involved in children and family services planning, and other appropriate research organizations, and shall make every effort to utilize outcome standards already developed through these efforts. On or before July 1, 1995, the family policy council shall report to appropriate committees of the legislature on the outcome standards developed to date, and a timeline for completing remaining standards.

PART II: COMMUNITY FAMILY COUNCILS

NEW SECTION. Sec. 5. ESTABLISHMENT OF COMMUNITY FAMILY COUNCILS. A community family council shall be established according to the following process:

(1) No later than July 1, 1994, the county legislative authority of each county in the state shall convene a meeting of a diverse group of individuals interested in designing and providing coordinated services to children and their families. At a minimum, representatives of the following groups shall be invited: Parents, youth, people of color, Indian tribes, existing children's commissions, coalitions or task forces, community organizations providing support to families, such as churches and neighborhood associations, business, labor, local economic development and job training programs, housing organizations, local law and justice councils, juvenile courts, children and family services providers, regional support networks, county developmental disabilities boards, county drug and alcohol boards, school districts, community action agencies, cities or towns, local offices of state agencies, local health departments and districts, and any other person or entity that contracts with the state or local government to provide services to children and their families. If a county fails to convene a meeting by July 1, 1994, the family policy council may authorize an alternative local organization to convene the meeting.

(2) At the initial meeting of the consortium, a representative of the family policy council or its participating state agencies shall present an overview of chapter . . ., Laws of 1994 (this act), including its purpose and philosophy, and the role and responsibilities of community family councils. The consortium convened under subsection (1) of this section shall:

(a) Determine the membership of the community family council. A community family council shall consist of not less than nine, nor more than twenty-five members. The chair of the council shall be a lay person and shall be chosen by the consortium. Of the remaining members: One-fourth shall represent citizens, including parents, youth, business, religious institutions, and neighborhood associations; one-fourth shall represent local government, including juvenile courts; one-fourth shall represent children and family service providers; and one-fourth shall be individuals with demonstrated involvement in children's issues. Membership of the community family council shall be culturally diverse and adequately reflect the racial and cultural composition of the community. Community family council members shall serve a term of three years and until their successors are designated by the council. Initial membership terms shall be staggered. Members shall not be compensated for the performance of their duties as members of the council, but may be reimbursed for essential travel and per diem expenses to ensure performance of the council's duties.

The family policy council shall have final approval authority of the membership of each community family council to ensure that the requirements of this subsection (2)(a) have been met.

(b) Solicit nominations for community family council members from the various groups represented at the meeting. Each group to be represented shall select its own representatives. If, however, a particular group whose representation is required on the community family council cannot agree on a nominee or is not represented at the meeting, the community family council's chair shall select the nominee.

(c) Define the jurisdiction of the community family council to include a county, multicounty area, a city with a population in excess of one hundred fifty thousand, or a tribal government. If a city or tribal government forms its own community family council, its comprehensive plan shall describe how it will be coordinated with the plan of the county in which it is located. Community family councils may break down into smaller geographic areas for development of community specific plans, which shall then be incorporated into the jurisdiction-wide comprehensive plan.

(d) Designate a lead agency or entity. The lead agency shall be primarily responsible for coordinating development and implementation of the comprehensive plan, and shall serve as the fiscal agent for receipt and administration of any funds received from the children and family services fund established in section 12 of this act. No more than five percent of funds received from the children and family services fund, or of funds allocated to programs for which waivers have been received under section 15 of this act may be expended for administration by a lead agency. In its review of comprehensive plans submitted pursuant to section 8 of this act, the family policy council shall determine whether the designated lead agency has the demonstrated capability to carry out the responsibilities established under this subsection.

(3) All meetings of the community family council are subject to the open public meetings act under chapter 42.30 RCW.

(4) The first meeting of the community family council shall occur no later than October 1, 1994.

NEW SECTION. Sec. 6. DEVELOPMENT AND IMPLEMENTATION OF COMPREHENSIVE PLANS. (1) The community family council shall promote wellness for children and families in its jurisdiction, and oversee the development and implementation of an integrated system of services for children and their families, and of a twice-a-year comprehensive plan.

(2) The community family council shall take the following actions in development of its comprehensive plan:

(a) Utilize state-wide data provided by the family policy council. Such data may include, but is not limited to census information and free and reduced price school lunch participation rates;

(b) Define outcome standards, with numeric goals, for its jurisdiction, based upon the outcome standards in section 4 of this act. The outcome standards in the ten-year strategic plan shall reflect long-term goals, and the two-year action plan shall be designed to achieve measurable progress toward meeting those goals;

(c) Define the needs of children and families that must be addressed to achieve the outcome standards defined in (b) of this subsection;

(d) Conduct a local needs assessment, in accordance with rules adopted by the family policy council for this purpose, that examines services available to meet the needs identified pursuant to (c) of this subsection. The assessment shall identify:

(i) Available services that function effectively;

(ii) Available services that do not function effectively and why those services do not function effectively;

(iii) Duplication of available services; and

(iv) Needed services that are unavailable.

If a jurisdiction served by a community family council has conducted a needs assessment that substantially meets the requirements of this subsection within two years prior to establishment of the council, an additional needs assessment shall not be required;

(e) Prepare the comprehensive plan and such later amendments to the plan as are necessary, as provided in sections 7 and 8 of this act. Prior to finalization of the comprehensive plan, the council shall hold a public hearing to solicit oral and written comments on the draft plan. A summary of the public response regarding the appropriateness and effectiveness of the comprehensive plan shall be submitted to the family policy council with the plan;

(f) Submit the comprehensive plan to the legislative authority of each county, city, town, or tribal government within the council's jurisdiction for review prior to submission to the family policy council. The legislative authority shall hold a public hearing to solicit comments on the plan. Any oral or written response of the legislative authority to the plan and any testimony given at the public hearing shall be submitted to the family policy council with the plan;

(g) Submit the comprehensive plan to the family council for review and approval on or before October 1, 1996, as provided in section 14 of this act.

(3) The community family council also shall:

(a) Monitor progress of key outcomes related to the comprehensive plan;

(b) Adopt calendar year budgets for the council within the funds available and forward them to the lead agency; and

(c) Make interim recommendations to the family policy council, and other state and local agencies on how services might be improved in the interim until the final comprehensive plan is adopted.

NEW SECTION. Sec. 7. ENSURE PUBLIC PARTICIPATION. Each community family council shall establish procedures providing for early and continuous public participation in the development and amendment of comprehensive plans. The procedures shall provide for broad dissemination of proposals, opportunity for written comments, public meetings after effective notice, provision for open discussion at each community family council meeting, and consideration of and response to public comments. Community family councils are encouraged to establish task forces, work groups, or other advisory committees to broaden public participation in their efforts.

NEW SECTION. Sec. 8. COMPREHENSIVE PLAN COMPONENTS. (1) The submission of a comprehensive plan meeting the requirements of this section to the family policy council shall be a condition precedent to receipt of a waiver from categorical program requirements authorized in section 15 of this act.

(2) A comprehensive plan shall include:

(a) Defined, measurable outcome standards for the jurisdiction served by the plan based upon the standards developed under section 4 of this act. The outcome standards in the ten-year strategic plan shall reflect long-term goals, and the two-year action plan shall be designed to achieve measurable progress toward meeting those goals;

(b) Results of the local needs assessment conducted pursuant to section 6(2) of this act;

(d) An assessment of the economic status of the community, economic opportunities available within the community, and recommendations pertaining to coordination of economic and social development efforts;

(e) A detailed description of how the plan will meet its outcome standards. This description shall include an explanation of:

(i) How appropriate needs of children and families in the community family council's jurisdiction will be identified and addressed, giving consideration to the use of uniform application forms and assessment tools, case management services, and centralized information and referral services;

(ii) How emphasis has been placed on contracting with, or utilizing existing service delivery systems and entities that have in the past provided quality services to children and their families in the jurisdiction served by the community family council and have demonstrated an interest in continuing to provide such services;

(iii) Current interagency efforts to collaborate in the delivery of services to children and families and to coordinate services to children and families across service systems, the barriers to achieving full collaboration and coordination, and how full collaboration and coordination will be achieved under the comprehensive plan;

(iv) How funding for existing services will be coordinated to create more flexibility; and

(v) How children and families will benefit from the restructuring of children and family services proposed in the plan, with specific attention to the defined outcome standards;

(f) Designation of the lead agency;

(g) Identification of categorical program requirement waivers or grants from the children and family services fund being requested, and justification of the need for such waiver or funding, including an explanation of how children and families will benefit from the grant or waiver;

(h) Identification of existing interagency efforts addressing children and family services issues in the council's jurisdiction and how those efforts will be incorporated into the system established through the plan;

(i) Assurances that services provided under the plan will be culturally relevant and accessible to communities of color and underserved populations; and

(j) Assurance that funding for services to children and families by counties, cities, towns, and tribal governments in the jurisdiction served by the council will be maintained at levels no less than those in effect on January 1, 1994.

(3) Each community family council shall submit its comprehensive plan to the family policy council on or before October 1, 1996. Plans submitted prior to that date shall be promptly reviewed and acted upon by the family policy council. If a jurisdiction fails to establish a community family council or to submit a comprehensive plan by that date, the family policy council shall designate a single state agency to assume responsibility for development of a comprehensive plan, in consultation with interested persons and organizations in the jurisdiction.

(4) Upon request of the family policy council, community family councils shall cooperate with, and participate in any evaluation of, the efforts undertaken through this chapter.

NEW SECTION. Sec. 9. The designated lead agency of the community family council is authorized to receive and spend funds received through the state under this chapter, any federal funds received through any state agency, any local funds made available by political subdivisions within the jurisdiction of the community family council for planning or service delivery, or any private gifts, donations, funds, or property received by it for the benefit of children and families.

PART III: THE FAMILY POLICY COUNCIL

Sec. 10. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:

POWERS AND DUTIES OF THE FAMILY POLICY COUNCIL. ((~~(1)~~)) The family policy council shall ((~~annually solicit from consortiums proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:~~

~~(a) A comprehensive plan has been prepared by the consortium; and~~

~~(b) The consortium has identified and agreed to contribute matching funds as specified in RCW 70.190.010; and~~

(c) An interagency agreement has been prepared by the family policy council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and

(d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]

(e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and

(f) The consortium has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The consortium must submit reports to the family policy council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

~~(2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.~~

~~(3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.~~)):

(1) Be responsible for state-wide planning and policy development for services to children and families, in consultation with community family councils;

(2) Initiate an interagency effort to identify opportunities to utilize common program applications and eligibility criteria, assessment tools, and reporting and recordkeeping procedures for children and family services funded by participating state agencies;

(3) Define children and family services outcome standards as provided in section 4 of this act;

(4) Review and act upon requests from community family councils for grants from the children and family services fund submitted pursuant to section 13 of this act;

(5) Review and act upon comprehensive plans as provided in section 14 of this act;

(6) Review and act upon requests for waivers submitted pursuant to section 15 of this act;

(7) Establish a uniform system of reporting and collecting statistical data from agencies serving children and families, with the department of health as the primary state repository of this data;

(8) Negotiate federal waivers as necessary;

(9) Adopt rules as necessary to implement this chapter, as provided in chapter 34.05 RCW; and

(10) Beginning on November 1, 1994, make annual reports to the governor and the appropriate legislative committees of the legislature on the following:

(a) The status and results of efforts undertaken pursuant to subsection (2) of this section;

(b) Grants awarded pursuant to section 13 of this act;

(d) The progress in meeting outcome standards established pursuant to section 4 of this act; and

(e) Recommended statutory changes to improve the delivery and financing of services to children and their families.

NEW SECTION. Sec. 11. TECHNICAL ASSISTANCE, GRANTS, AND MEDIATION SERVICES. (1) The family policy council shall provide technical and financial assistance and incentives to community family councils to encourage and facilitate the adoption and implementation of comprehensive plans.

(2) The family policy council may issue grants from the children and family services fund established pursuant to section 12 of this act to provide direct financial assistance to community family councils for the preparation of comprehensive plans under this chapter. The council may establish provisions for matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a comprehensive plan as the family policy council and the community family council may agree, including citizen participation, conducting needs assessments, data gathering, the retention of consultants, and other related purposes.

(3) The family policy council and participating state agencies shall provide technical assistance to community family councils, upon request, that includes but is not limited to assistance with: Initiation of collaborative efforts to plan services for children and families, coordination of service delivery for children and families across service systems, development of comprehensive plans, allowable use of federal and state funds, feedback on the progress of local restructuring efforts, implementation of comprehensive plans and training and professional development for front line workers who work directly with children and their families. Technical assistance also shall include attendance at the initial meeting of each consortium, as provided in section 5(2) of this act, and identification and distribution of state-wide data and relevant research.

(4) The family policy council shall provide mediation services to resolve disputes within and between community family councils.

NEW SECTION. Sec. 12. CHILDREN AND FAMILY SERVICES FUND. The children and family services fund is created in the state treasury. Moneys in the account may be spent only after appropriation. Moneys in the account may be expended only for:

(1) Grants of flexible funds to designated lead agencies of community family councils to facilitate improved delivery of services to children and families, as provided in section 13 of this act; and

(2) Technical assistance and planning grants to designated lead agencies of community family councils for development of comprehensive plans, as provided in section 11 of this act.

NEW SECTION. Sec. 13. REQUESTS FOR GRANTS FROM THE CHILDREN AND FAMILY SERVICES FUND. (1) Lead agencies, on behalf of community family councils, may make requests for grants from the children and family services fund for:

(a) Development of comprehensive plans;

(b) Implementation of comprehensive plans; or

(c) Improved delivery of services to children and families pending completion of a comprehensive plan, if the community family council has completed the needs assessment described in section 6(2) of this act, identified unmet needs in their jurisdiction, and met any other requirements established by the family policy council in rule. The request for funds shall describe the intended use of the funds and demonstrate that the intended use is consistent with the principles stated in RCW 74.14A.020 and 70.190.005.

(2) In adopting rules to implement this section, the family policy council shall consider the population of the area served, the needs of the area, and the ability of the community to provide funds for and participate in the coordination and delivery of services for children and their families. The family policy council may condition the receipt of a grant under subsection (1) (b) or (c) of this section on the following:

(a) Availability of information and referral services for children and their families in the community served by the community family council;

(b) Coordination of services for children and families to ensure maximum utilization of all available services and funding; and

(c) Preparation of a comprehensive plan for present and future development of services and for reasonable progress toward the coordination of all services for children and their families.

(3) The family policy council shall review applications from lead agencies made under this section. The family policy council may approve an application if it meets the requirements of this section and any rules adopted by the family policy council.

NEW SECTION. Sec. 14. REVIEW OF COMPREHENSIVE PLANS. (1) The family policy council shall review comprehensive plans submitted pursuant to sections 6 and 8 of this act. The council may disapprove a comprehensive plan in whole or in part only upon making specific findings that the local plan substantially fails to comply with the principles stated in RCW 74.14A.020 or 70.190.005 or with section 8 of this act. If the council disapproves a comprehensive plan in whole, the council shall identify with particularity the manner in which the plan is deficient. If the council disapproves only part of the plan, the remainder of the plan may be implemented. The council shall assist in remedying the deficiencies in the comprehensive plan. The council shall set a date by which the comprehensive plan or the deficient portions of the plan shall be revised and resubmitted.

(2) Upon approval of a comprehensive plan, the family policy council shall enter into contracts with designated lead agencies of community family councils. The contracts shall:

(a) Reflect the principles stated in RCW 74.14A.020 and 70.190.005;

(b) Clearly articulate the responsibilities of the lead agency and the community family council;

(c) Clearly state the terms of any grants issued pursuant to section 13 of this act or any waivers granted pursuant to section 15 of this act that are part of a comprehensive plan;

(d) Ensure that coordination within and across counties is maximized;

(e) Ensure that community family councils have access to sufficient and timely data to make informed and equitable funding decisions; and

(f) Include procedures for taking action in identified incidents of misfeasance or nonfeasance by the lead agency or a community family council.

NEW SECTION. Sec. 15. FAMILY POLICY COUNCIL WAIVER AUTHORITY. (1) The family policy council may grant waivers of state statutory and regulatory categorical requirements applicable to programs intended to address the needs of children and families in the state. Exercise of this authority by the family policy council shall be undertaken as provided in this section and is subject to legislative disapproval of waivers conditionally granted by the council.

(2) Waivers may be requested by community family councils, as part of a council's comprehensive plan, to utilize categorical program funds in a more flexible fashion. In a waiver requested pursuant to this section, program funds shall be used to address the need for which the funds are appropriated. However, flexibility may be granted with respect to the children or families who receive services, or the type of services provided to address the need.

(3) The family policy council shall review and conditionally approve, or disapprove, waiver requests made by community family councils. Waivers receiving conditional approval from the family policy council shall be described in the report submitted to the legislature pursuant to RCW 70.190.030(10). If the legislature does not take action to disapprove a waiver by the last day of the next regular session after submission of the report, the family policy council may grant final approval of the waiver.

NEW SECTION. Sec. 16. STATE AGENCY COMPLIANCE WITH COMPREHENSIVE PLANS. Participating state agencies shall comply with approved comprehensive plans adopted pursuant to this chapter. Nothing in this chapter shall be construed to limit the duties of participating state agencies under chapters 13.34 and 74.13 RCW.

NEW SECTION. Sec. 17. The family policy council may solicit, accept, and receive federal, state, or private funds or property for the purpose of carrying out the provisions of chapter . . ., Laws of 1994 (this act).

PART IV: MISCELLANEOUS

Sec. 18. RCW 74.14A.050 and 1993 c 508 s 7 are each amended to read as follows:

The secretary shall:

(1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

(i) Placement within the foster care system for two years or more;

(ii) Multiple foster care placements;

(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

(iv) Chronic behavioral or educational problems;

(v) Repetitive criminal acts or offenses;

(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

(2) In consultation with community family councils, develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by ((~~January 1, 1995~~)) July 1, 1996;

(3) ((Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within thirty days of placement;

~~(4)~~)) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

((~~(5)~~)) (4) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth; and

((~~(6)~~)) (5) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition((~~; and~~

~~(7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994~~)).

NEW SECTION. Sec. 19. A new section is added to chapter 43.131 RCW to read as follows:

SUNSET REVIEW OF FAMILY POLICY COUNCIL. The family policy council and its powers and duties shall terminate effective June 30, 2001.

NEW SECTION. Sec. 20. A new section is added to chapter 43.131 RCW to read as follows:

SUNSET REVIEW OF FAMILY POLICY COUNCIL. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002.

(1) RCW 70.190.005 and section 2 of this act & 1992 c 198 s 1;

(2) RCW 70.190.010 and section 3 of this act & 1992 c 198 s 3;

(3) Section 4 of this act;

(4) Section 5 of this act;

(5) Section 6 of this act;

(6) Section 7 of this act;

(7) Section 8 of this act;

(8) Section 9 of this act;

(9) RCW 70.190.030 and section 10 of this act & 1992 c 198 s 5;

(10) Section 11 of this act;

(11) Section 12 of this act;

(12) Section 13 of this act;

(13) Section 14 of this act;

(14) Section 15 of this act;

(15) Section 16 of this act; and

(16) Section 17 of this act.

NEW SECTION. Sec. 21. A new section is added to chapter 43.84 RCW to read as follows:

The children and family services fund established under section 12 of this act is exempt from the provisions of RCW 43.84.092 and shall receive its proportionate share of earnings based upon the account's average daily balance for each monthly period.

NEW SECTION. Sec. 22. Sections 4 through 9 and 11 through 17 of this act are each added to chapter 70.190 RCW.

NEW SECTION. Sec. 23. CAPTIONS AND HEADINGS. Captions and part headings as used in this act constitute no part of the law.

NEW SECTION. Sec. 24. APPROPRIATIONS. The sum of six million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund‑-state to the children and family services fund for the following purposes:

(1) One million dollars of this amount is provided solely for technical assistance to community family councils and their lead agencies, as provided in section 11 of this act;

(2) Two million dollars of this amount is provided solely for grants to lead agencies, on behalf of community family councils, for comprehensive plan development, as provided in sections 6 through 8 of this act;

(3) Three million dollars of this amount is provided solely for grants to lead agencies, on behalf of community family councils, for direct services to children and families as provided in section 13 of this act.

NEW SECTION. Sec. 25. EMERGENCY. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.