H-3469.2  _______________________________________________

                          HOUSE BILL 2598

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives H. Myers, Patterson, Dorn, Rust, Basich, Pruitt, Holm, Ogden, Springer, Roland, King and J. Kohl

Read first time 01/19/94.  Referred to Committee on Human Services.

Authorizing children and family services at the local level.

    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 a new section to chapter 43.131 RCW; adding new sections to chapter 70.190 RCW; making an appropriation; and declaring an emergency.

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

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

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

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

    (((4))) (6) Being sensitive to the 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 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 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, strengthen, and help refashion family and ((community associations)) communities 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 prioritize 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 redirect state resources by building upon local efforts already in place to accomplish the purposes of chapter . . ., Laws of 1994 (this act); (5) to bring together representatives of the broadest range possible 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.  Selected state-administered services shall be administered by community family councils so families can better access services to prevent or intervene early in risks to youth.

    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 plan that examines available resources and unmet needs for a county or multicounty area, identifies barriers that limit the effective use of resources, and ((a plan to address these issues that is broadly supported)) designs an integrated system of services for children and families, as provided in RCW 70.190.030.  The plan shall include consideration of the public health services improvement plan under RCW 43.70.520 and other official public health assessments conducted by state and local health departments and districts.

    (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 department of corrections, 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, the secretary of the department of corrections, 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 appointed respectively by the Washington state association of counties, the association of Washington cities, and the Washington school directors association, two representatives of children and family services providers, two citizens with a demonstrated interest in children, and two representatives of the business community as appointed by the governor who have a demonstrated interest in children.

    (4) "Outcome based" means defined and measurable outcomes and indicators that make it possible for communities to evaluate progress in meeting their goals and whether systems 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)) community council.  Up to half of the ((consortium's)) community council'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 an entity, other than a state agency, composed of a diverse group of individuals whose membership may not exceed twenty-five individuals and that may include((s at least)) representatives of business, labor, local law and justice councils established under RCW 72.09.300, local service providers, ((service recipients, local government administering or funding children or family service programs,)) regional support networks, parents, including parents who have participated in services, youth, cities or towns, regional offices of participating state agencies, school districts, existing children's commissions or other formal children and families task forces, ethnic and racial minority ((populations,)) communities, Indian tribes, local health departments and districts, other community organizations providing support to families, such as religious institutions and neighborhood organizations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter.  ((Consortiums)) The community council shall represent a county((,)) or multicounty((, or municipal)) service area.  In addition, ((consortiums)) a community council may represent Indian tribes applying either individually or collectively.  The chair shall be selected from among the council's members.

(7) "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.  (1) A children and family services system is hereby established to integrate federal, state, and local resources and programs to provide services that children and families need to be healthy members of their community.

    (2) The children and family services system shall be developed through a state and local partnership, consisting of the state's family policy council and community family councils established pursuant to section 8 of this act.

    (3) The children and family services system shall be developed utilizing the following guidelines:

    (a) The system shall be built upon the policies stated in RCW 74.14A.025 and 70.190.005;

    (b) Actions taken to decategorize or decentralize children and family services programs or funding shall demonstrate how consumers of the services will benefit;

    (c) The system shall be fully operational no later than January 1, 2000.  The family policy council, in consultation with community family councils, shall develop a schedule for phasing in elements of the system with measurable outcomes;

    (d) All aspects of the system shall ensure that the individual child and family's needs for coordinated and accessible services are placed above all other considerations;

    (e) Contracting mechanisms shall promote coordination and integration of services and reflect the partnership between state and local entities in operation of the system; and

    (f) Contracting mechanisms shall encourage financial and quality-of-service competition among service providers.

NEW SECTION. Sec. 5.  (1) Beginning July 30, 1994, the family policy council shall recognize community family councils meeting the requirements of this chapter.  The family policy council shall provide technical assistance and start-up funds to targeted community family councils in accordance with this chapter beginning August 31, 1994.

    (2) The family policy council shall develop criteria to target community family councils for initial development of comprehensive plans and proposals.

NEW SECTION. Sec. 6.  (1) Community family councils may submit initial proposals and recommendations to the family policy council by October 30, 1994, regarding local administration or decategorization of family services.  Based on the proposals submitted by community family councils, by December 1, 1994, the family policy council shall recommend to the governor those children and family services to be decentralized for local administration or decategorization.  Such services shall not include child protective services or other state-wide services in which the state has a vested interest in state-wide uniformity and that are necessarily the state's responsibility.  By January 1, 1995, the governor shall submit legislation to appropriate committees of the legislature making the statutory and budgetary changes necessary to implement chapter . . ., Laws of 1994 (this act).

    (2) Community family councils that do not submit their proposed comprehensive plan under subsection (1) of this section shall submit proposed comprehensive plans to the family policy council by March 1, 1995, or March 1, 1996.  If a county or Indian tribe is not represented by a community family council or multicounty councils, the family policy council shall provide further assistance to create a community family council in conjunction with the county.  If a county or Indian tribe is unable or unwilling to assume the powers and duties of a community family council under this chapter by June 30, 1997, the family policy council shall designate a single state agency to administer funds otherwise transferred to community family councils through legislative action.

    Sec. 7.  RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:

    (((1))) The family policy council shall ((annually solicit from consortiums proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level.)):

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

(2) Advise the legislature and the governor concerning possible solutions to problems facing children and families;

(3) Define specific outcome-based standards addressing at least the following areas:  (a) Family self-sufficiency and stability; (b) family functioning and safety; (c) family health; (d) readiness for school; and (e) youth at risk.  Review and evaluation of comprehensive plans shall be based primarily upon the extent to which the system described in the plan is likely to meet or had met these outcome-based standards;

(4) Determine the core services that community councils must address and assure that each comprehensive plan contains assurances that these services will be provided.  A proposed list of core services shall be included in the legislation submitted pursuant to section 6 of this act;

(5) Review and approve or disapprove comprehensive plans submitted by community  councils.  The council shall consider such ((proposals)) proposed plans only if:

    (a) ((A comprehensive)) The plan has been prepared by ((the consortium)) a community family council; ((and))

    (b) The plan reflects the principles in RCW 74.14A.025 and 70.190.005;

(c) The ((consortium)) community family council 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 plan identifies specific outcomes and strategies for meeting them for its county or multicounty region related to the standards established pursuant to subsection (3) of this section;

(e) The plan contains assurances that the core services identified pursuant to subsection (4) of this section will be available;

(f) The plan identifies existing interagency efforts or entities addressing children and family services issues in the county or multicounty region, and describes how such efforts will be incorporated into the system established through the plan;

(g) The ((consortium has provided written agreements that identify)) plan identifies 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))) (h) Assurances are made regarding the quality and accessibility of services to underserved populations;

(i) Evaluation methodologies consistent with the requirements of this chapter are used; and

(j) The ((consortium)) community family council 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)) community family council 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.))

(6) Enter into contracts with designated lead agencies of community family councils upon approval of their comprehensive plan as provided in section 9 of this act;

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

(8) In conjunction with participating state agencies, provide technical assistance to community councils in comprehensive plan development.  Such assistance shall include, but is not limited to information regarding the use of federal and state funds, development of the capacity needed to offer services in the approved comprehensive plan dissemination of data and relevant research;

(9) Monitor the progress in meeting outcome-based standards in the comprehensive plans;

(10) Negotiate federal waivers as necessary; and

(11) Beginning on January 1, 1996, make twice yearly reports to the governor and the appropriate legislative committees of the following:

(a) The status of the children's service system in all counties;

(b) The progress in services provided by the state;

(c) Services identified for funding at or transfer to the local level; and

(d) Recommended statutory changes to improve delivery of children and family services.

NEW SECTION. Sec. 8.  A community family council shall be established in each county of the state, except that two or more counties may join together to establish a multicounty council, according to the following process:

    (1) No later than July 1, 1994, the county legislative authority 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 must be invited:  Business, labor, local law and justice councils established under RCW 72.09.300, local children and family service providers including community action agencies, regional support networks, parents, including parents who have participated in services, youth, cities or towns, regional offices of participating state agencies, school districts, existing children's commissions or other formal children and families task forces, ethnic and racial minority populations, Indian tribes, local health departments and districts, and other community organizations providing support to families, such as religious institutions and neighborhood associations.

    (2) The purpose of the meeting is to decide what groups other than those required by chapter . . ., Laws of 1994 (this act) should serve on the community council and to solicit nominations for the community council from the various groups represented at the meeting.  Each group to be represented shall select its own representative.  If, however, a particular group whose representation is required on the community council cannot agree on a nominee or is not represented at the meeting, the community council's chair shall select the nominee.  The participants shall decide whether they wish to be recognized as a community family council by the family policy council and authorize a letter of interest to be submitted to the council beginning July 30, 1994.  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.

    (3) This meeting and all meetings of the community council are subject to the open meetings act under chapter 42.30 RCW.

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

NEW SECTION. Sec. 9.  The community family council shall:

    (1) Promote wellness for children and families in the county or multicounty region, develop policy, and oversee the development and implementation of the comprehensive plan.  In designing the plan, councils shall consider the use of uniform assessment and service application forms, case management services, and centralized information and referral services.

    (2) Conduct a needs assessment and review existing children and family services.

    (3) Prepare the comprehensive plan and such later amendments to the plan as are necessary.  The plan shall be submitted to the board, council, or boards of county commissioners for review prior to submission to the family policy council.  The response of the board, council, or board of county commissioners to the plan shall be submitted to the family policy council with the plan.  The community council shall monitor progress of key outcomes related to the county or multicounty plan.

    (4) Adopt calendar year budgets for the community council within the funds available and forward them to the lead agency.

    (5) Make interim recommendations to state and local agencies on how services might be improved in the interim until the final comprehensive plan is adopted.

    (6) Make recommendations to the family policy council, including recommendations on contracting procedures and processes.

    (7) Request waivers from the family policy council.

    (8) Provide an opportunity for public and private contractors to review the components of the plan, to receive notice of any component that the county intends to provide through a county agency and to comment publicly to the county board, council, or boards of commissioners if they disagree with the proposed service delivery plan.

NEW SECTION. Sec. 10.  The designated lead agency of the community family 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).

NEW SECTION. Sec. 11.  The family policy council shall:

    (1) Transfer administration of, and funding for children and family services appropriated by the legislature to designated lead agencies of community family councils upon approval of their comprehensive plans in accordance with the distribution formula established under section 12 of this act.  In areas where two or more counties have formed a multicounty region, the region shall not receive less as a region than it would have received if each county had established its own council;

    (2) Enter into contracts with designated lead agencies of community family councils prior to the distribution of program funds.  The contracts shall ensure that:

    (a) The intent of this chapter is pursued;

    (b) Coordination within and across counties is maximized;

    (c) Community family councils have access to sufficient and timely data to make informed and equitable funding decisions; and

    (d) Community family councils are notified of their allocation of available resources at least sixty days before the start of a new contract period, if the state budget act is signed.

NEW SECTION. Sec. 12.  (1) By June 1, 1995, the family policy council, in consultation with participating state agencies and affected parties, shall establish a distribution formula for funding designated by the legislature to be administered by community family councils.  The formula should reflect local needs assessments and consider at a minimum:

    (a) The number of children;

    (b) The number of children in out‑of‑home placements;

    (c) The number of recipients of aid to families with dependent children;

    (d) The number of child protective services cases ranked according to risk;

    (e) The rate of convictions for violent offenses for juveniles;

    (f) Social and economic indicators including poverty, low income, hunger, and homelessness;

    (g) The number of convictions for crimes against children;

    (h) The number of convictions for crimes related to illegal drug and alcohol use;

    (i) The number of child and teenage suicides;

    (j) The school dropout rate;

    (k) The number of children receiving mental health services as reported by regional support networks; and

    (l) The number of ethnic minority children and children with disabilities.

    (2) The family policy council shall ensure that funds distributed to community family councils include direct and indirect resources allocated for transferred family services.

NEW SECTION. Sec. 13.  Any state or federal funds identified for contracts with community family councils shall be transferred with no reductions and shall from the date of transfer receive the same cost of living adjustments that are appropriated for state employees' wages.

NEW SECTION. Sec. 14.  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).

    Sec. 15.  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) Along 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. 16.  A new section is added to chapter 43.131 RCW to read as follows:

    The family policy council and its powers and duties shall terminate effective June 30, 2001.

NEW SECTION. Sec. 17.  The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002.

(1) Section 4 of this act;

(2) Section 5 of this act;

(3) Section 6 of this act;

(4) Section 8 of this act;

(5) Section 9 of this act;

(6) Section 10 of this act;

(7) Section 11 of this act;

(8) Section 12 of this act;

(9) Section 13 of this act; and

(10) Section 14 of this act.

NEW SECTION. Sec. 18.  Sections 4 through 6 and 8 through 14 of this act are each added to chapter 70.190 RCW.

NEW SECTION. Sec. 19.  The sum of . . . . . . 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 department of social and health services for the purposes of this act.

NEW SECTION. Sec. 20.  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.

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