AN
ACT Relating to homeless children and their families; amending RCW 43.63A.650,
13.34.030, 74.13.020, 74.13.031, 74.15.020, and 26.44.030; reenacting and
amending RCW 13.34.130, 13.34.130, and 13.34.145; adding a new section to
chapter 43.20A RCW; adding new sections to chapter 43.63A RCW; adding new
sections to chapter 74.15 RCW; adding a new section to chapter 13.60 RCW;
creating new sections; and providing an effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that homelessness for families with children is a serious,
widespread problem that has a devastating effect on children, including
significant adverse effects upon their growth and development. Planning for
and serving the shelter and housing needs of homeless families with children
has been and continues to be a responsibility of the department of community,
trade, and economic development. The legislature further finds that the
department of social and health services also plays an important role in
addressing the service needs of homeless families with children. In order to
adequately and effectively address the complex issues confronting homeless
families with children, planning for, implementing, and evaluating such
services must be a collaborative effort between the department of community,
trade, and economic development and the department of social and health
services, other local, state, and federal agencies, and community
organizations. It is the intent of the legislature that the department of
community, trade, and economic development and the department of social and
health services jointly present the plan to the appropriate committees of the
legislature as required in section 3 of this act. It is the intent of the legislature
that children should not be placed or retained in the foster care system if
family homelessness is the primary reason for placement or the continuation of
their placement. It is the further intent of the legislature that services to
homeless families with children shall be provided within funds appropriated for
that specific purpose by the legislature in the operating and capital budgets.
Nothing in this act is intended to prevent the court's review of the plan
developed by the department of social and health services and the department of
community, trade, and economic development under Washington State Coalition
for the Homeless v. Department of Social and Health Services, King County
Superior Court No. 91-2-15889-4. However, it is the intent of the legislature
that the court's review in that proceeding be confined solely to review of the
plan submitted under the order of February 4, 1998. Nothing in sections 1
through 10 of this act is intended to grant the court in this proceeding
continuing review over the department of social and health services after the
effective date of this act.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.20A RCW to read as follows:
(1)
The department shall collaborate with the department of community, trade, and
economic development in the development of the coordinated and comprehensive
plan for homeless families with children required under RCW 43.63A.650, which
designates the department of community, trade, and economic development as the
state agency with primary responsibility for providing shelter and housing
services to homeless families with children. In fulfilling its
responsibilities to collaborate with the department of community, trade, and
economic development pursuant to RCW 43.63A.650, the department shall develop,
administer, supervise, and monitor its portion of the plan. The department's
portion of the plan shall contain at least the following elements:
(a)
Coordination or linkage of services with shelter and housing;
(b)
Accommodation and addressing the needs of homeless families in the design and
administration of department programs;
(c)
Participation of the department's local offices in the identification,
assistance, and referral of homeless families; and
(d)
Ongoing monitoring of the efficiency and effectiveness of the plan's design and
implementation.
(2)
The department shall include community organizations involved in the delivery
of services to homeless families with children, and experts in the development
and ongoing evaluation of the plan.
(3)
The duties under this section shall be implemented within amounts appropriated
for that specific purpose by the legislature in the operating and capital
budgets.
Sec.
3. RCW
43.63A.650 and 1993 c 478 s 13 are each amended to read as follows:
(1)
The department shall be the principal state department responsible for
coordinating federal and state resources and activities in housing, except for
programs administered by the Washington state housing finance commission under
chapter 43.180 RCW, and for evaluating the operations and accomplishments of
other state departments and agencies as they affect housing.
(2)
The department shall work with local governments, tribal organizations, local
housing authorities, nonprofit community or neighborhood-based organizations,
and regional or state-wide nonprofit housing assistance organizations, for the
purpose of coordinating federal and state resources with local resources for
housing.
(3)
The department shall be the principal state department responsible for
providing shelter and housing services to homeless families with children. The
department shall have the principal responsibility to coordinate, plan, and
oversee the state's activities for developing a coordinated and comprehensive
plan to serve homeless families with children. The plan shall be developed
collaboratively with the department of social and health services. The
department shall include community organizations involved in the delivery of
services to homeless families with children, and experts in the development and
ongoing evaluation of the plan. The department shall follow professionally
recognized standards and procedures. The plan shall be implemented within amounts
appropriated by the legislature for that specific purpose in the operating and
capital budgets. The department shall submit the plan to the appropriate
committees of the senate and house of representatives no later than September
1, 1999, and shall update the plan and submit it to the appropriate committees
of the legislature by January 1st of every odd-numbered year through 2007. The
plan shall address at least the following: (a) The need for prevention
assistance; (b) the need for emergency shelter; (c) the need for transitional
assistance to aid families into permanent housing; (d) the need for linking
services with shelter or housing; and (e) the need for ongoing monitoring of
the efficiency and effectiveness of the plan's design and implementation.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.63A RCW to read as follows:
(1)
In order to improve services for the homeless, the department, within amounts
appropriated by the legislature for this specific purpose, shall implement a
system for the ongoing collection and analysis of data about the extent and
nature of homelessness in Washington state, giving emphasis to information
about extent and nature of homelessness in Washington state families with children.
The system may be merged with other data gathering and reporting systems and
shall:
(a)
Protect the right of privacy of individuals;
(b)
Provide for consultation and collaboration with state agencies including the
department of social and health services, experts, and community organizations
involved in the delivery of services to homeless persons; and
(c)
Include related information held or gathered by other state agencies.
(2)
Within amounts appropriated by the legislature, for this specific purpose, the
department shall evaluate the information gathered and disseminate the analysis
and the evaluation broadly, using appropriate computer networks as well as
written reports.
NEW
SECTION. Sec. 5. A
new section is added to chapter 43.63A RCW to read as follows:
The
department shall, by rule, establish program standards, eligibility standards,
eligibility criteria, and administrative rules for emergency housing programs
and specify other benefits that may arise in consultation with providers.
Sec.
6. RCW
13.34.030 and 1998 c 130 s 1 are each amended to read as follows:
For
purposes of this chapter:
(1)
"Child" and "juvenile" means any individual under the age
of eighteen years.
(2)
"Current placement episode" means the period of time that begins with
the most recent date that the child was removed from the home of the parent,
guardian, or legal custodian for purposes of placement in out-of-home care and
continues until the child returns home, an adoption decree, a permanent custody
order, or guardianship order is entered, or the dependency is dismissed,
whichever occurs soonest. If the most recent date of removal occurred prior to
the filing of a dependency petition under this chapter or after filing but
prior to entry of a disposition order, such time periods shall be included when
calculating the length of a child's current placement episode.
(3)
"Dependency guardian" means the person, nonprofit corporation, or
Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited
purpose of assisting the court in the supervision of the dependency.
(4)
"Dependent child" means any child:
(a)
Who has been abandoned; that is, where the child's parent, guardian, or other
custodian has expressed either by statement or conduct, an intent to forego,
for an extended period, parental rights or parental responsibilities despite an
ability to do so. If the court finds that the petitioner has exercised due
diligence in attempting to locate the parent, no contact between the child and the
child's parent, guardian, or other custodian for a period of three months
creates a rebuttable presumption of abandonment, even if there is no expressed
intent to abandon;
(b)
Who is abused or neglected as defined in chapter 26.44 RCW by a person legally
responsible for the care of the child; or
(c)
Who has no parent, guardian, or custodian capable of adequately caring for the
child, such that the child is in circumstances which constitute a danger of
substantial damage to the child's psychological or physical development.
(5)
"Guardian" means the person or agency that: (a) Has been appointed
as the guardian of a child in a legal proceeding other than a proceeding under
this chapter; and (b) has the legal right to custody of the child pursuant to
such appointment. The term "guardian" shall not include a
"dependency guardian" appointed pursuant to a proceeding under this
chapter.
(6)
"Guardian ad litem" means a person, appointed by the court to
represent the best interest of a child in a proceeding under this chapter, or
in any matter which may be consolidated with a proceeding under this chapter.
A "court-appointed special advocate" appointed by the court to be the
guardian ad litem for the child, or to perform substantially the same duties
and functions as a guardian ad litem, shall be deemed to be guardian ad litem
for all purposes and uses of this chapter.
(7)
"Guardian ad litem program" means a court-authorized volunteer
program, which is or may be established by the superior court of the county in
which such proceeding is filed, to manage all aspects of volunteer guardian ad
litem representation for children alleged or found to be dependent. Such
management shall include but is not limited to: Recruitment, screening,
training, supervision, assignment, and discharge of volunteers.
(8)
"Out-of-home care" means placement in a foster family home or group
care facility licensed pursuant to chapter 74.15 RCW or placement in a home,
other than that of the child's parent, guardian, or legal custodian, not
required to be licensed pursuant to chapter 74.15 RCW.
(9)
"Preventive services" means preservation services, as defined in
chapter 74.14C RCW, and other reasonably available services, including
housing services, capable of preventing the need for out-of-home placement
while protecting the child. Housing services may include, but are not
limited to, referrals to federal, state, local, or private agencies or
organizations, assistance with forms and applications, or financial subsidies
for housing.
Sec.
7. RCW
74.13.020 and 1979 c 155 s 76 are each amended to read as follows:
As
used in Title 74 RCW, child welfare services shall be defined as public social
services including adoption services which strengthen, supplement, or
substitute for, parental care and supervision for the purpose of:
(1)
Preventing or remedying, or assisting in the solution of problems which may
result in families in conflict, or the neglect, abuse, exploitation, or
criminal behavior of children;
(2)
Protecting and caring for ((homeless,)) dependent((,)) or
neglected children;
(3)
Assisting children who are in conflict with their parents, and assisting
parents who are in conflict with their children with services designed to
resolve such conflicts;
(4)
Protecting and promoting the welfare of children, including the strengthening
of their own homes where possible, or, where needed;
(5)
Providing adequate care of children away from their homes in foster family
homes or day care or other child care agencies or facilities.
As
used in this chapter, child means a person less than eighteen years of age.
The
department's duty to provide services to homeless families with children is set
forth in section 2 of this act and in appropriations provided by the
legislature for implementation of the plan.
Sec.
8. RCW
74.13.031 and 1998 c 314 s 10 are each amended to read as follows:
The
department shall have the duty to provide child welfare services and shall:
(1)
Develop, administer, supervise, and monitor a coordinated and comprehensive
plan that establishes, aids, and strengthens services for the protection and
care of ((homeless,)) runaway, dependent, or neglected children.
(2)
Within available resources, recruit an adequate number of prospective adoptive
and foster homes, both regular and specialized, i.e. homes for children of ethnic
minority, including Indian homes for Indian children, sibling groups,
handicapped and emotionally disturbed, teens, pregnant and parenting teens, and
annually report to the governor and the legislature concerning the department's
success in: (a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies for
legally free children; and (d) implementing and operating the passport program
required by RCW 74.13.285. The report shall include a section entitled
"Foster Home Turn-Over, Causes and Recommendations."
(3)
Investigate complaints of any recent act or failure to act on the part of a
parent or caretaker that results in death, serious physical or emotional harm,
or sexual abuse or exploitation, or that presents an imminent risk of serious
harm, and on the basis of the findings of such investigation, offer child
welfare services in relation to the problem to such parents, legal custodians,
or persons serving in loco parentis, and/or bring the situation to the
attention of an appropriate court, or another community agency: PROVIDED, That
an investigation is not required of nonaccidental injuries which are clearly
not the result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation reveals
that a crime against a child may have been committed, the department shall
notify the appropriate law enforcement agency.
(4)
Offer, on a voluntary basis, family reconciliation services to families who are
in conflict.
(5)
Monitor out-of-home placements, on a timely and routine basis, to assure the
safety, well-being, and quality of care being provided is within the scope of
the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and
annually submit a report measuring the extent to which the department achieved
the specified goals to the governor and the legislature.
(6)
Have authority to accept custody of children from parents and to accept custody
of children from juvenile courts, where authorized to do so under law, to
provide child welfare services including placement for adoption, and to provide
for the physical care of such children and make payment of maintenance costs if
needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no
private adoption agency which receives children for adoption from the
department shall discriminate on the basis of race, creed, or color when
considering applications in their placement for adoption.
(7)
Have authority to provide temporary shelter to children who have run away from
home and who are admitted to crisis residential centers.
(8)
Have authority to purchase care for children; and shall follow in general the
policy of using properly approved private agency services for the actual care
and supervision of such children insofar as they are available, paying for care
of such children as are accepted by the department as eligible for support at
reasonable rates established by the department.
(9)
Establish a children's services advisory committee which shall assist the
secretary in the development of a partnership plan for utilizing resources of
the public and private sectors, and advise on all matters pertaining to child
welfare, licensing of child care agencies, adoption, and services related
thereto. At least one member shall represent the adoption community.
(10)
Have authority to provide continued foster care or group care for individuals
from eighteen through twenty years of age to enable them to complete their high
school or vocational school program.
(11)
Have authority within funds appropriated for foster care services to purchase
care for Indian children who are in the custody of a federally recognized
Indian tribe or tribally licensed child-placing agency pursuant to parental
consent, tribal court order, or state juvenile court order; and the purchase of
such care shall be subject to the same eligibility standards and rates of
support applicable to other children for whom the department purchases care.
Notwithstanding
any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through
74.13.036, or of this section all services to be provided by the department of
social and health services under subsections (4), (6), and (7) of this section,
subject to the limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the federal
juvenile justice and delinquency prevention act of 1974.
(12)
Within amounts appropriated for this specific purpose, provide preventive
services to families with children that prevent or shorten the duration of an
out-of-home placement.
Sec.
9. RCW
13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended
to read as follows:
If,
after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; after consideration of the predisposition report prepared
pursuant to RCW 13.34.110 and after a disposition hearing has been held
pursuant to RCW 13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1)
The court shall order one of the following dispositions of the case:
(a)
Order a disposition other than removal of the child from his or her home, which
shall provide a program designed to alleviate the immediate danger to the
child, to mitigate or cure any damage the child has already suffered, and to
aid the parents so that the child will not be endangered in the future. In
selecting a program, the court should choose those services, including
housing assistance, that least interfere with family autonomy, provided
that the services are adequate to protect the child.
(b)
Order that the child be removed from his or her home and ordered into the
custody, control, and care of a relative or the department of social and health
services or a licensed child placing agency for placement in a foster family
home or group care facility licensed pursuant to chapter 74.15 RCW or in a home
not required to be licensed pursuant to chapter 74.15 RCW. Unless there is
reasonable cause to believe that the safety or welfare of the child would be
jeopardized or that efforts to reunite the parent and child will be hindered,
such child shall be placed with a person who is related to the child as defined
in RCW 74.15.020(((4)(a))) (2)(a) and with whom the child has a
relationship and is comfortable, and who is willing and available to care for
the child. Placement of the child with a relative under this subsection shall
be given preference by the court. An order for out-of-home placement may be
made only if the court finds that reasonable efforts have been made to prevent
or eliminate the need for removal of the child from the child's home and to
make it possible for the child to return home, specifying the services that
have been provided to the child and the child's parent, guardian, or legal
custodian, and that preventive services have been offered or provided and have
failed to prevent the need for out-of-home placement, unless the health,
safety, and welfare of the child cannot be protected adequately in the home,
and that:
(i)
There is no parent or guardian available to care for such child;
(ii)
The parent, guardian, or legal custodian is not willing to take custody of the
child;
(iii)
The court finds, by clear, cogent, and convincing evidence, a manifest danger
exists that the child will suffer serious abuse or neglect if the child is not
removed from the home and an order under RCW 26.44.063 would not protect the
child from danger; or
(iv)
The extent of the child's disability is such that the parent, guardian, or
legal custodian is unable to provide the necessary care for the child and the
parent, guardian, or legal custodian has determined that the child would
benefit from placement outside of the home.
(2)
If the court has ordered a child removed from his or her home pursuant to
subsection (1)(b) of this section, the court may order that a petition seeking
termination of the parent and child relationship be filed if the court finds:
(a) Termination is recommended by the supervising agency; (b) termination is in
the best interests of the child; and (c) that because of the existence of
aggravated circumstances, reasonable efforts to unify the family are not
required. Notwithstanding the existence of aggravated circumstances,
reasonable efforts may be required if the court or department determines it is
in the best interest of the child. In determining whether aggravated
circumstances exist, the court shall consider one or more of the following:
(i)
Conviction of the parent of rape of the child in the first, second, or third
degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(ii)
Conviction of the parent of criminal mistreatment of the child in the first or
second degree as defined in RCW 9A.42.020 and 9A.42.030;
(iii)
Conviction of the parent of one of the following assault crimes, when the child
is the victim: Assault in the first or second degree as defined in RCW
9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as
defined in RCW 9A.36.120 or 9A.36.130;
(iv)
Conviction of the parent of murder, manslaughter, or homicide by abuse of the
child's other parent, sibling, or another child;
(v)
Conviction of the parent of attempting, soliciting, or conspiracy to commit a
crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;
(vi)
A finding by a court that a parent is a sexually violent predator as defined in
RCW 71.09.020;
(vii)
Failure of the parent to complete available treatment ordered under this
chapter or the equivalent laws of another state, where such failure has
resulted in a prior termination of parental rights to another child and the
parent has failed to effect significant change in the interim. In the case of
a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L.
95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also
consider tribal efforts to assist the parent in completing treatment and make
it possible for the child to return home;
(viii)
An infant under three years of age has been abandoned as defined in RCW
13.34.030(4)(a);
(ix)
The mother has given birth to three or more drug-affected infants, resulting in
the department filing a petition under section 23 of this act.
(3)
If reasonable efforts are not ordered under subsection (2) of this section a
permanency ((plan [planning])) planning hearing shall be held
within thirty days. Reasonable efforts shall be made to place the child in a
timely manner in accordance with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent placement of the child.
(4)
Whenever a child is ordered removed from the child's home, the agency charged
with his or her care shall provide the court with:
(a)
A permanency plan of care that shall identify one of the following outcomes as
a primary goal and may identify additional outcomes as alternative goals:
Return of the child to the home of the child's parent, guardian, or legal
custodian; adoption; guardianship; permanent legal custody; ((or))
long-term relative or foster care, until the child is age eighteen, with a
written agreement between the parties and the care provider; and independent
living, if appropriate and if the child is age sixteen or older; or a
responsible living skills program. Whenever a permanency plan identifies
independent living as a goal, the plan shall also specifically identify the
services that will be provided to assist the child to make a successful
transition from foster care to independent living. Before the court approves
independent living as a permanency plan of care, the court shall make a finding
that the provision of services to assist the child in making a transition from
foster care to independent living will allow the child to manage his or her
financial affairs and to manage his or her personal, social, educational, and
nonfinancial affairs. The department shall not discharge a child to an
independent living situation before the child is eighteen years of age unless
the child becomes emancipated pursuant to chapter 13.64 RCW.
(b)
Unless the court has ordered, pursuant to subsection (2) of this section, that
a termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to return the child home, and what actions the
agency will take to maintain parent-child ties. All aspects of the plan shall
include the goal of achieving permanence for the child.
(i)
The agency plan shall specify what services the parents will be offered in
order to enable them to resume custody, what requirements the parents must meet
in order to resume custody, and a time limit for each service plan and parental
requirement.
(ii)
The agency shall be required to encourage the maximum parent-child contact
possible, including regular visitation and participation by the parents in the
care of the child while the child is in placement. Visitation may be limited
or denied only if the court determines that such limitation or denial is
necessary to protect the child's health, safety, or welfare.
(iii)
A child shall be placed as close to the child's home as possible, preferably in
the child's own neighborhood, unless the court finds that placement at a
greater distance is necessary to promote the child's or parents' well-being.
(iv)
The agency charged with supervising a child in placement shall provide all
reasonable services that are available within the agency, or within the
community, or those services which the department of social and health services
has existing contracts to purchase. It shall report to the court if it is
unable to provide such services.
(c)
If the court has ordered, pursuant to subsection (2) of this section, that a
termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to achieve permanency for the child, services
to be offered or provided to the child, and, if visitation would be in the best
interests of the child, a recommendation to the court regarding visitation
between parent and child pending a fact-finding hearing on the termination
petition. The agency shall not be required to develop a plan of services for
the parents or provide services to the parents.
(5)
If the court determines that the continuation of reasonable efforts to prevent
or eliminate the need to remove the child from his or her home or to safely
return the child home should not be part of the permanency plan of care for the
child, reasonable efforts shall be made to place the child in a timely manner
and to complete whatever steps are necessary to finalize the permanent
placement of the child.
(6)
If there is insufficient information at the time of the disposition hearing
upon which to base a determination regarding the suitability of a proposed
placement with a relative, the child shall remain in foster care and the court
shall direct the supervising agency to conduct necessary background
investigations as provided in chapter 74.15 RCW and report the results of such
investigation to the court within thirty days. However, if such relative
appears otherwise suitable and competent to provide care and treatment, the
criminal history background check need not be completed before placement, but
as soon as possible after placement. Any placements with relatives, pursuant
to this section, shall be contingent upon cooperation by the relative with the
agency case plan and compliance with court orders related to the care and
supervision of the child including, but not limited to, court orders regarding
parent-child contacts and any other conditions imposed by the court.
Noncompliance with the case plan or court order shall be grounds for removal of
the child from the relative's home, subject to review by the court.
(7)
Except for children whose cases are reviewed by a citizen review board under
chapter 13.70 RCW, the status of all children found to be dependent shall be
reviewed by the court at least every six months from the beginning date of the
placement episode or the date dependency is established, whichever is first, at
a hearing in which it shall be determined whether court supervision should
continue. The review shall include findings regarding the agency and parental
completion of disposition plan requirements, and if necessary, revised
permanency time limits. The supervising agency shall provide a foster parent,
preadoptive parent, or relative with notice of, and their right to an
opportunity to be heard in, a review hearing pertaining to the child, but only
if that person is currently providing care to that child at the time of the hearing.
This section shall not be construed to grant party status to any person who has
been provided an opportunity to be heard.
(a)
A child shall not be returned home at the review hearing unless the court finds
that a reason for removal as set forth in this section no longer exists. The
parents, guardian, or legal custodian shall report to the court the efforts
they have made to correct the conditions which led to removal. If a child is
returned, casework supervision shall continue for a period of six months, at
which time there shall be a hearing on the need for continued intervention.
(b)
If the child is not returned home, the court shall establish in writing:
(i)
Whether reasonable services have been provided to or offered to the parties to
facilitate reunion, specifying the services provided or offered;
(ii)
Whether the child has been placed in the least-restrictive setting appropriate
to the child's needs, including whether consideration and preference has been
given to placement with the child's relatives;
(iii)
Whether there is a continuing need for placement and whether the placement is
appropriate;
(iv)
Whether there has been compliance with the case plan by the child, the child's
parents, and the agency supervising the placement;
(v)
Whether progress has been made toward correcting the problems that necessitated
the child's placement in out-of-home care;
(vi)
Whether the parents have visited the child and any reasons why visitation has
not occurred or has been infrequent;
(vii)
Whether additional services, including housing assistance, are needed to
facilitate the return of the child to the child's parents; if so, the court
shall order that reasonable services be offered specifying such services; and
(viii)
The projected date by which the child will be returned home or other permanent
plan of care will be implemented.
(c)
The court at the review hearing may order that a petition seeking termination of
the parent and child relationship be filed.
(8)
The court's ability to order housing assistance under this section is: (a)
Limited to cases in which homelessness or the lack of adequate and safe housing
is the primary reason for an out-of-home placement; and (b) subject to the
availability of funds appropriated for this specific purpose.
NEW
SECTION. Sec. 10.
Sections 10 through 26 of this act may be referred to as the homeless youth
prevention, protection, and education act, or the HOPE act. Every day many
youth in this state seek shelter out on the street. A nurturing nuclear family
does not exist for them, and state-sponsored alternatives such as foster homes
do not meet the demand and isolate youth, who feel like outsiders in families
not their own. The legislature recognizes the need to develop placement
alternatives for dependent youth ages sixteen to eighteen, who are living on
the street. The HOPE act is an effort to engage youth and provide them access
to services through development of life skills in a setting that supports
them. Nothing in sections 10 through 26 of this act shall constitute an
entitlement.
Sec.
11. RCW
74.15.020 and 1998 c 269 s 3 are each amended to read as follows:
For
the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise
clearly indicated by the context thereof, the following terms shall mean:
(1)
"Agency" means any person, firm, partnership, association,
corporation, or facility which receives children, expectant mothers, or persons
with developmental disabilities for control, care, or maintenance outside their
own homes, or which places, arranges the placement of, or assists in the
placement of children, expectant mothers, or persons with developmental
disabilities for foster care or placement of children for adoption, and shall
include the following irrespective of whether there is compensation to the
agency or to the children, expectant mothers or persons with developmental
disabilities for services rendered:
(a)
"Child day-care center" means an agency which regularly provides care
for a group of children for periods of less than twenty-four hours;
(b)
"Child-placing agency" means an agency which places a child or
children for temporary care, continued care, or for adoption;
(c)
"Community facility" means a group care facility operated for the
care of juveniles committed to the department under RCW 13.40.185. A county
detention facility that houses juveniles committed to the department under RCW
13.40.185 pursuant to a contract with the department is not a community
facility;
(d)
"Crisis residential center" means an agency which is a temporary
protective residential facility operated to perform the duties specified in
chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;
(e)
"Family day-care provider" means a child day-care provider who
regularly provides child day care for not more than twelve children in the
provider's home in the family living quarters;
(f)
"Foster-family home" means an agency which regularly provides care on
a twenty-four hour basis to one or more children, expectant mothers, or persons
with developmental disabilities in the family abode of the person or persons
under whose direct care and supervision the child, expectant mother, or person
with a developmental disability is placed;
(g)
"Group-care facility" means an agency, other than a foster-family
home, which is maintained and operated for the care of a group of children on a
twenty-four hour basis;
(h)
"HOPE center" means an agency licensed by the secretary to provide
temporary residential placement and other services to street youth. A street
youth may remain in a HOPE center for thirty days while services are arranged
and permanent placement is coordinated. No street youth may stay longer than
thirty days unless approved by the department and any additional days approved
by the department must be based on the unavailability of a long-term placement
option. A street youth whose parent wants him or her returned to home may
remain in a HOPE center until his or her parent arranges return of the youth,
not longer. All other street youth must have court approval under chapter
13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
(i)
"Maternity service" means an agency which provides or arranges for
care or services to expectant mothers, before or during confinement, or which
provides care as needed to mothers and their infants after confinement;
(((i)))
(j) "Responsible living skills program" means an agency licensed
by the secretary that provides residential and transitional living services to
persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and
who have been unable to live in his or her legally authorized residence and, as
a result, the minor lived outdoors or in another unsafe location not intended
for occupancy by the minor. Dependent minors ages fourteen and fifteen may be
eligible if no other placement alternative is available and the department
approves the placement;
(k)
"Service provider" means the entity that operates a community
facility.
(2)
"Agency" shall not include the following:
(a)
Persons related to the child, expectant mother, or person with developmental
disability in the following ways:
(i)
Any blood relative, including those of half-blood, and including first cousins,
nephews or nieces, and persons of preceding generations as denoted by prefixes
of grand, great, or great-great;
(ii)
Stepfather, stepmother, stepbrother, and stepsister;
(iii)
A person who legally adopts a child or the child's parent as well as the
natural and other legally adopted children of such persons, and other relatives
of the adoptive parents in accordance with state law;
(iv)
Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a),
even after the marriage is terminated; or
(v)
Extended family members, as defined by the law or custom of the Indian child's
tribe or, in the absence of such law or custom, a person who has reached the
age of eighteen and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
second cousin, or stepparent who provides care in the family abode on a
twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b)
Persons who are legal guardians of the child, expectant mother, or persons with
developmental disabilities;
(c)
Persons who care for a neighbor's or friend's child or children, with or
without compensation, where: (i) The person providing care for periods of less
than twenty-four hours does not conduct such activity on an ongoing, regularly
scheduled basis for the purpose of engaging in business, which includes, but is
not limited to, advertising such care; or (ii) the parent and person providing
care on a twenty-four-hour basis have agreed to the placement in writing and
the state is not providing any payment for the care;
(d)
Parents on a mutually cooperative basis exchange care of one another's
children;
(e)
A person, partnership, corporation, or other entity that provides placement or
similar services to exchange students or international student exchange
visitors or persons who have the care of an exchange student in their home;
(f)
Nursery schools or kindergartens which are engaged primarily in educational
work with preschool children and in which no child is enrolled on a regular
basis for more than four hours per day;
(g)
Schools, including boarding schools, which are engaged primarily in education,
operate on a definite school year schedule, follow a stated academic
curriculum, accept only school-age children and do not accept custody of
children;
(h)
Seasonal camps of three months' or less duration engaged primarily in recreational
or educational activities;
(i)
Hospitals licensed pursuant to chapter 70.41 RCW when performing functions
defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW
and boarding homes licensed under chapter 18.20 RCW;
(j)
Licensed physicians or lawyers;
(k)
Facilities providing care to children for periods of less than twenty-four
hours whose parents remain on the premises to participate in activities other
than employment;
(l)
Facilities approved and certified under chapter 71A.22 RCW;
(m)
Any agency having been in operation in this state ten years prior to June 8,
1967, and not seeking or accepting moneys or assistance from any state or
federal agency, and is supported in part by an endowment or trust fund;
(n)
Persons who have a child in their home for purposes of adoption, if the child
was placed in such home by a licensed child-placing agency, an authorized
public or tribal agency or court or if a replacement report has been filed
under chapter 26.33 RCW and the placement has been approved by the court;
(o)
An agency operated by any unit of local, state, or federal government or an
agency, located within the boundaries of a federally recognized Indian
reservation, licensed by the Indian tribe;
(p)
An agency located on a federal military reservation, except where the military
authorities request that such agency be subject to the licensing requirements
of this chapter.
(3)
"Department" means the state department of social and health
services.
(4)
"Juvenile" means a person under the age of twenty-one who has been
sentenced to a term of confinement under the supervision of the department
under RCW 13.40.185.
(5)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
(6)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(7)
"Secretary" means the secretary of social and health services.
(8)
"Street youth" means a person under the age of eighteen who lives
outdoors or in another unsafe location not intended for occupancy by the minor
and who is not residing with his or her parent or at his or her legally
authorized residence.
(9)
"Transitional living services" means at a minimum, to the extent
funds are available, the following:
(a)
Educational services, including basic literacy and computational skills
training, either in local alternative or public high schools or in a high school
equivalency program that leads to obtaining a high school equivalency degree;
(b)
Assistance and counseling related to obtaining vocational training or higher
education, job readiness, job search assistance, and placement programs;
(c)
Counseling and instruction in life skills such as money management, home
management, consumer skills, parenting, health care, access to community
resources, and transportation and housing options;
(d)
Individual and group counseling; and
(e)
Establishing networks with federal agencies and state and local organizations
such as the United States department of labor, employment and training
administration programs including the job training partnership act which
administers private industry councils and the job corps; vocational
rehabilitation; and volunteer programs.
NEW
SECTION. Sec. 12. A
new section is added to chapter 74.15 RCW to read as follows:
The
secretary shall establish HOPE centers that provide no more than seventy-five
beds across the state and may establish HOPE centers by contract, within funds
appropriated by the legislature specifically for this purpose. HOPE centers
shall be operated in a manner to reasonably assure that street youth placed
there will not run away. Street youth may leave a HOPE center during the
course of the day to attend school or other necessary appointments, but the
street youth must be accompanied by an administrator or an administrator's
designee. The street youth must provide the administration with specific
information regarding his or her destination and expected time of return to the
HOPE center. Any street youth who runs away from a HOPE center shall not be
readmitted unless specifically authorized by the street youth's placement and
liaison specialist, and the placement and liaison specialist shall document
with specific factual findings an appropriate basis for readmitting any street
youth to a HOPE center. HOPE centers are required to have the following:
(1)
A license issued by the secretary;
(2)
A professional with a master's degree in counseling, social work, or related
field and at least one year of experience working with street youth or a
bachelor of arts degree in social work or a related field and five years of
experience working with street youth. This professional staff person may be
contractual or a part-time employee, but must be available to work with street
youth in a HOPE center at a ratio of one to every fifteen youth staying in a
HOPE center. This professional shall be known as a placement and liaison
specialist. Preference shall be given to those professionals
cross-credentialed in mental health and chemical dependency. The placement and
liaison specialist shall:
(a)
Conduct an assessment of the street youth that includes a determination of the
street youth's legal status regarding residential placement;
(b)
Facilitate the street youth's return to his or her legally authorized residence
at the earliest possible date or initiate processes to arrange legally
authorized appropriate placement. Any street youth who may meet the definition
of dependent child under RCW 13.34.030 must be referred to the department. The
department shall determine whether a dependency petition should be filed under
chapter 13.34 RCW. A shelter care hearing must be held within seventy-two
hours to authorize out-of-home placement for any youth the department
determines is appropriate for out-of-home placement under chapter 13.34 RCW.
All of the provisions of chapter 13.32A RCW must be followed for children in
need of services or at-risk youth;
(c)
Interface with other relevant resources and system representatives to secure
long-term residential placement and other needed services for the street youth;
(d)
Be assigned immediately to each youth and meet with the youth within eight
hours of the youth receiving HOPE center services;
(e)
Facilitate a physical examination of any street youth who has not seen a
physician within one year prior to residence at a HOPE center and facilitate
evaluation by a county-designated mental health professional, a chemical
dependency specialist, or both if appropriate; and
(f)
Arrange an educational assessment to measure the street youth's competency
level in reading, writing, and basic mathematics, and that will measure
learning disabilities or special needs;
(3)
Staff trained in development needs of street youth as determined by the
secretary, including an administrator who is a professional with a master's
degree in counseling, social work, or a related field and at least one year of
experience working with street youth, or a bachelor of arts degree in social
work or a related field and five years of experience working with street youth,
who must work with the placement and liaison specialist to provide appropriate
services on site;
(4)
A data collection system that measures outcomes for the population served, and
enables research and evaluation that can be used for future program development
and service delivery. Data collection systems must have confidentiality rules
and protocols developed by the secretary;
(5)
Notification requirements that meet the notification requirements of chapter
13.32A RCW. The youth's arrival date and time must be logged at intake by HOPE
center staff. The staff must immediately notify law enforcement and dependency
caseworkers if a street youth runs away from a HOPE center. A child may be
transferred to a secure facility as defined in RCW 13.32A.030 whenever the
staff reasonably believes that a street youth is likely to leave the HOPE
center and not return after full consideration of the factors set forth in RCW
13.32A.130(2)(a) (i) and (ii). The street youth's temporary placement in the
HOPE center must be authorized by the court or the secretary if the youth is a
dependent of the state under chapter 13.34 RCW or the department is responsible
for the youth under chapter 13.32A RCW, or by the youth's parent or legal
custodian, until such time as the parent can retrieve the youth who is
returning to home;
(6)
HOPE centers must identify to the department any street youth it serves who is
not returning promptly to home. The department then must contact the missing
children's clearinghouse identified in chapter 13.60 RCW and either report the
youth's location or report that the youth is the subject of a dependency action
and the parent should receive notice from the department;
(7)
Services that provide counseling and education to the street youth; and
(8)
The department shall only award contracts for the operation of HOPE center beds
and responsible living skills programs in departmental regions: (a) With
operating secure crisis residential centers; or (b) in which the secretary
finds significant progress is made toward opening a secure crisis residential
center.
NEW
SECTION. Sec. 13. A
new section is added to chapter 74.15 RCW to read as follows:
The
secretary shall establish responsible living skills programs that provide no
more than seventy-five beds across the state and may establish responsible
living skills programs by contract, within funds appropriated by the
legislature specifically for this purpose. Responsible living skills programs
shall have the following:
(1)
A license issued by the secretary;
(2)
A professional with a master's degree in counseling, social work, or related
field and at least one year of experience working with street youth available
to serve residents or a bachelor of arts degree in social work or a related
field and five years of experience working with street youth. The professional
shall provide counseling services and interface with other relevant resources
and systems to prepare the minor for adult living. Preference shall be given
to those professionals cross-credentialed in mental health and chemical
dependency;
(3)
Staff trained in development needs of older adolescents eligible to participate
in responsible living skills programs as determined by the secretary;
(4)
Transitional living services and a therapeutic model of service delivery that
provides necessary program supervision of residents and at the same time
includes a philosophy, program structure, and treatment planning that
emphasizes achievement of competency in independent living skills. Independent
living skills include achieving basic educational requirements such as a GED,
enrollment in vocational and technical training programs offered at the community
and vocational colleges, obtaining and maintaining employment; accomplishing
basic life skills such as money management, nutrition, preparing meals, and
cleaning house. A baseline skill level in ability to function productively and
independently shall be determined at entry. Performance shall be measured and
must demonstrate improvement from involvement in the program. Each resident
shall have a plan for achieving independent living skills by the time the
resident leaves the placement. The plan shall be written within the first
thirty days of placement and reviewed every ninety days. A resident who fails
to consistently adhere to the elements of the plan shall be subject to
reassessment by the professional staff of the program and may be placed outside
the program; and
(5)
A data collection system that measures outcomes for the population served, and
enables research and evaluation that can be used for future program development
and service delivery. Data collection systems must have confidentiality rules
and protocols developed by the secretary.
(6)
The department shall not award contracts for the operation of responsible
living skills programs until HOPE center beds are operational.
NEW
SECTION. Sec. 14. A
new section is added to chapter 74.15 RCW to read as follows:
To
be eligible for placement in a responsible living skills program, the minor
must be dependent under chapter 13.34 RCW and must have lived in a HOPE center
or in a secure crisis residential center. Responsible living skills centers
are intended as a placement alternative for dependent youth that the department
chooses for the youth because no other services or alternative placements have
been successful. Responsible living skills centers are not for dependent youth
whose permanency plan includes return to home or family reunification.
NEW
SECTION. Sec. 15. A
new section is added to chapter 74.15 RCW to read as follows:
The
secretary is authorized to license HOPE centers and responsible living skills
programs that meet statutory and rule requirements created by the secretary.
The secretary is authorized to develop rules necessary to carry out the
provisions of sections 10 through 26 of this act. The secretary may rely upon
existing licensing provisions in development of licensing requirements for HOPE
centers and responsible living skills programs, as are appropriate to carry out
the intent of sections 10 through 26 of this act. HOPE centers and responsible
living skills programs shall be required to adhere to departmental regulations
prohibiting the use of alcohol, tobacco, controlled substances, violence, and
sexual activity between residents.
Sec.
16. RCW
13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended
to read as follows:
If,
after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; after consideration of the predisposition report prepared
pursuant to RCW 13.34.110 and after a disposition hearing has been held
pursuant to RCW 13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1)
The court shall order one of the following dispositions of the case:
(a)
Order a disposition other than removal of the child from his or her home, which
shall provide a program designed to alleviate the immediate danger to the
child, to mitigate or cure any damage the child has already suffered, and to
aid the parents so that the child will not be endangered in the future. In
selecting a program, the court should choose those services that least
interfere with family autonomy, provided that the services are adequate to
protect the child.
(b)
Order that the child be removed from his or her home and ordered into the
custody, control, and care of a relative or the department of social and health
services or a licensed child placing agency for placement in a foster family
home or group care facility licensed pursuant to chapter 74.15 RCW or in a home
not required to be licensed pursuant to chapter 74.15 RCW. Unless there is
reasonable cause to believe that the safety or welfare of the child would be
jeopardized or that efforts to reunite the parent and child will be hindered,
such child shall be placed with a person who is related to the child as defined
in RCW 74.15.020(((4))) (2)(a) and with whom the child has a
relationship and is comfortable, and who is willing and available to care for
the child. Placement of the child with a relative under this subsection shall
be given preference by the court. An order for out-of-home placement may be
made only if the court finds that reasonable efforts have been made to prevent
or eliminate the need for removal of the child from the child's home and to
make it possible for the child to return home, specifying the services that
have been provided to the child and the child's parent, guardian, or legal
custodian, and that preventive services have been offered or provided and have
failed to prevent the need for out-of-home placement, unless the health,
safety, and welfare of the child cannot be protected adequately in the home,
and that:
(i)
There is no parent or guardian available to care for such child;
(ii)
The parent, guardian, or legal custodian is not willing to take custody of the
child;
(iii)
The court finds, by clear, cogent, and convincing evidence, a manifest danger
exists that the child will suffer serious abuse or neglect if the child is not
removed from the home and an order under RCW 26.44.063 would not protect the
child from danger; or
(iv)
The extent of the child's disability is such that the parent, guardian, or
legal custodian is unable to provide the necessary care for the child and the
parent, guardian, or legal custodian has determined that the child would
benefit from placement outside of the home.
(2)
If the court has ordered a child removed from his or her home pursuant to
subsection (1)(b) of this section, the court may order that a petition seeking
termination of the parent and child relationship be filed if the court finds:
(a) Termination is recommended by the supervising agency; (b) termination is in
the best interests of the child; and (c) that because of the existence of
aggravated circumstances, reasonable efforts to unify the family are not
required. Notwithstanding the existence of aggravated circumstances,
reasonable efforts may be required if the court or department determines it is
in the best interest of the child. In determining whether aggravated
circumstances exist, the court shall consider one or more of the following:
(i)
Conviction of the parent of rape of the child in the first, second, or third
degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(ii)
Conviction of the parent of criminal mistreatment of the child in the first or
second degree as defined in RCW 9A.42.020 and 9A.42.030;
(iii)
Conviction of the parent of one of the following assault crimes, when the child
is the victim: Assault in the first or second degree as defined in RCW
9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as
defined in RCW 9A.36.120 or 9A.36.130;
(iv)
Conviction of the parent of murder, manslaughter, or homicide by abuse of the
child's other parent, sibling, or another child;
(v)
Conviction of the parent of attempting, soliciting, or conspiracy to commit a
crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;
(vi)
A finding by a court that a parent is a sexually violent predator as defined in
RCW 71.09.020;
(vii)
Failure of the parent to complete available treatment ordered under this
chapter or the equivalent laws of another state, where such failure has resulted
in a prior termination of parental rights to another child and the parent has
failed to effect significant change in the interim. In the case of a parent of
an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25
U.S.C. (([Sec.])) Sec. 1903), the court shall also consider
tribal efforts to assist the parent in completing treatment and make it
possible for the child to return home;
(viii)
An infant under three years of age has been abandoned as defined in RCW
13.34.030(4)(a);
(ix)
The mother has given birth to three or more drug-affected infants, resulting in
the department filing a petition under section 23 ((of this act)),
chapter 314, Laws of 1998.
(3)
If reasonable efforts are not ordered under subsection (2) of this section a
permanency ((plan [planning])) planning hearing shall be held
within thirty days. Reasonable efforts shall be made to place the child in a
timely manner in accordance with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent placement of the child.
(4)
Whenever a child is ordered removed from the child's home, the agency charged
with his or her care shall provide the court with:
(a)
A permanency plan of care that shall identify one of the following outcomes as
a primary goal and may identify additional outcomes as alternative goals:
Return of the child to the home of the child's parent, guardian, or legal
custodian; adoption; guardianship; permanent legal custody; ((or))
long-term relative or foster care, until the child is age eighteen, with a
written agreement between the parties and the care provider; a responsible
living skills program; and independent living, if appropriate and if the
child is age sixteen or older. Whenever a permanency plan identifies
independent living as a goal, the plan shall also specifically identify the
services that will be provided to assist the child to make a successful
transition from foster care to independent living. Before the court approves
independent living as a permanency plan of care, the court shall make a finding
that the provision of services to assist the child in making a transition from
foster care to independent living will allow the child to manage his or her
financial affairs and to manage his or her personal, social, educational, and
nonfinancial affairs. The department shall not discharge a child to an
independent living situation before the child is eighteen years of age unless
the child becomes emancipated pursuant to chapter 13.64 RCW.
(b)
Unless the court has ordered, pursuant to subsection (2) of this section, that
a termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to return the child home, and what actions the
agency will take to maintain parent-child ties. All aspects of the plan shall
include the goal of achieving permanence for the child.
(i)
The agency plan shall specify what services the parents will be offered in
order to enable them to resume custody, what requirements the parents must meet
in order to resume custody, and a time limit for each service plan and parental
requirement.
(ii)
The agency shall be required to encourage the maximum parent-child contact
possible, including regular visitation and participation by the parents in the
care of the child while the child is in placement. Visitation may be limited
or denied only if the court determines that such limitation or denial is
necessary to protect the child's health, safety, or welfare.
(iii)
A child shall be placed as close to the child's home as possible, preferably in
the child's own neighborhood, unless the court finds that placement at a
greater distance is necessary to promote the child's or parents' well-being.
(iv)
The agency charged with supervising a child in placement shall provide all
reasonable services that are available within the agency, or within the
community, or those services which the department of social and health services
has existing contracts to purchase. It shall report to the court if it is
unable to provide such services.
(c)
If the court has ordered, pursuant to subsection (2) of this section, that a
termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to achieve permanency for the child, services
to be offered or provided to the child, and, if visitation would be in the best
interests of the child, a recommendation to the court regarding visitation
between parent and child pending a fact-finding hearing on the termination
petition. The agency shall not be required to develop a plan of services for
the parents or provide services to the parents.
(5)
If the court determines that the continuation of reasonable efforts to prevent
or eliminate the need to remove the child from his or her home or to safely
return the child home should not be part of the permanency plan of care for the
child, reasonable efforts shall be made to place the child in a timely manner
and to complete whatever steps are necessary to finalize the permanent
placement of the child.
(6)
If there is insufficient information at the time of the disposition hearing
upon which to base a determination regarding the suitability of a proposed
placement with a relative, the child shall remain in foster care and the court
shall direct the supervising agency to conduct necessary background
investigations as provided in chapter 74.15 RCW and report the results of such
investigation to the court within thirty days. However, if such relative
appears otherwise suitable and competent to provide care and treatment, the
criminal history background check need not be completed before placement, but
as soon as possible after placement. Any placements with relatives, pursuant
to this section, shall be contingent upon cooperation by the relative with the
agency case plan and compliance with court orders related to the care and
supervision of the child including, but not limited to, court orders regarding
parent-child contacts and any other conditions imposed by the court.
Noncompliance with the case plan or court order shall be grounds for removal of
the child from the relative's home, subject to review by the court.
(7)
Except for children whose cases are reviewed by a citizen review board under
chapter 13.70 RCW, the status of all children found to be dependent shall be
reviewed by the court at least every six months from the beginning date of the
placement episode or the date dependency is established, whichever is first, at
a hearing in which it shall be determined whether court supervision should
continue. The review shall include findings regarding the agency and parental
completion of disposition plan requirements, and if necessary, revised
permanency time limits. The supervising agency shall provide a foster parent,
preadoptive parent, or relative with notice of, and their right to an
opportunity to be heard in, a review hearing pertaining to the child, but only
if that person is currently providing care to that child at the time of the
hearing. This section shall not be construed to grant party status to any
person who has been provided an opportunity to be heard.
(a)
A child shall not be returned home at the review hearing unless the court finds
that a reason for removal as set forth in this section no longer exists. The
parents, guardian, or legal custodian shall report to the court the efforts
they have made to correct the conditions which led to removal. If a child is
returned, casework supervision shall continue for a period of six months, at
which time there shall be a hearing on the need for continued intervention.
(b)
If the child is not returned home, the court shall establish in writing:
(i)
Whether reasonable services have been provided to or offered to the parties to
facilitate reunion, specifying the services provided or offered;
(ii)
Whether the child has been placed in the least-restrictive setting appropriate
to the child's needs, including whether consideration and preference has been
given to placement with the child's relatives;
(iii)
Whether there is a continuing need for placement and whether the placement is
appropriate;
(iv)
Whether there has been compliance with the case plan by the child, the child's
parents, and the agency supervising the placement;
(v)
Whether progress has been made toward correcting the problems that necessitated
the child's placement in out-of-home care;
(vi)
Whether the parents have visited the child and any reasons why visitation has
not occurred or has been infrequent;
(vii)
Whether additional services are needed to facilitate the return of the child to
the child's parents; if so, the court shall order that reasonable services be
offered specifying such services; and
(viii)
The projected date by which the child will be returned home or other permanent
plan of care will be implemented.
(c)
The court at the review hearing may order that a petition seeking termination
of the parent and child relationship be filed.
Sec.
17. RCW
13.34.145 and 1998 c 314 s 3 and 1998 c 130 s 3 are each reenacted and amended
to read as follows:
(1)
A permanency plan shall be developed no later than sixty days from the time the
supervising agency assumes responsibility for providing services, including
placing the child, or at the time of a hearing under RCW 13.34.130, whichever
occurs first. The permanency planning process continues until a permanency
planning goal is achieved or dependency is dismissed. The planning process
shall include reasonable efforts to return the child to the parent's home.
(a)
Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the
agency that has custody of the child shall provide the court with a written
permanency plan of care directed towards securing a safe, stable, and permanent
home for the child as soon as possible. The plan shall identify one of the
following outcomes as the primary goal and may also identify additional
outcomes as alternative goals: Return of the child to the home of the child's
parent, guardian, or legal custodian; adoption; guardianship; permanent legal
custody; ((or)) long-term relative or foster care, until the child is
age eighteen, with a written agreement between the parties and the care
provider; a responsible living skills program; and independent living,
if appropriate and if the child is age sixteen or older and the provisions of
subsection (2) of this section are met.
(b)
The identified outcomes and goals of the permanency plan may change over time
based upon the circumstances of the particular case.
(c)
Permanency planning goals should be achieved at the earliest possible date,
preferably before the child has been in out-of-home care for fifteen months.
In cases where parental rights have been terminated, the child is legally free
for adoption, and adoption has been identified as the primary permanency
planning goal, it shall be a goal to complete the adoption within six months
following entry of the termination order.
(d)
For purposes related to permanency planning:
(i)
"Guardianship" means a dependency guardianship pursuant to this
chapter, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws
of another state or a federally recognized Indian tribe.
(ii)
"Permanent custody order" means a custody order entered pursuant to
chapter 26.10 RCW.
(iii)
"Permanent legal custody" means legal custody pursuant to chapter
26.10 RCW or equivalent laws of another state or of a federally recognized
Indian tribe.
(2)
Whenever a permanency plan identifies independent living as a goal, the plan
shall also specifically identify the services that will be provided to assist
the child to make a successful transition from foster care to independent
living. Before the court approves independent living as a permanency plan of
care, the court shall make a finding that the provision of services to assist
the child in making a transition from foster care to independent living will
allow the child to manage his or her financial affairs and to manage his or her
personal, social, educational, and nonfinancial affairs. The department shall
not discharge a child to an independent living situation before the child is
eighteen years of age unless the child becomes emancipated pursuant to chapter
13.64 RCW.
(3)
A permanency planning hearing shall be held in all cases where the child has
remained in out-of-home care for at least nine months and an adoption decree,
guardianship order, or permanent custody order has not previously been
entered. The hearing shall take place no later than twelve months following
commencement of the current placement episode.
(4)
Whenever a child is removed from the home of a dependency guardian or long-term
relative or foster care provider, and the child is not returned to the home of
the parent, guardian, or legal custodian but is placed in out-of-home care, a
permanency planning hearing shall take place no later than twelve months, as
provided in subsection (3) of this section, following the date of removal
unless, prior to the hearing, the child returns to the home of the dependency
guardian or long-term care provider, the child is placed in the home of the
parent, guardian, or legal custodian, an adoption decree, guardianship order,
or permanent custody order is entered, or the dependency is dismissed.
(5)
No later than ten working days prior to the permanency planning hearing, the
agency having custody of the child shall submit a written permanency plan to
the court and shall mail a copy of the plan to all parties and their legal
counsel, if any.
(6)
At the permanency planning hearing, the court shall enter findings as required
by RCW 13.34.130(7) and shall review the permanency plan prepared by the
agency. If the child has resided in the home of a foster parent or relative
for more than six months prior to the permanency planning hearing, the court
shall also enter a finding regarding whether the foster parent or relative was
informed of the hearing as required in RCW 74.13.280 and 13.34.130(7). If a
goal of long-term foster or relative care has been achieved prior to the
permanency planning hearing, the court shall review the child's status to
determine whether the placement and the plan for the child's care remain
appropriate. In cases where the primary permanency planning goal has not yet
been achieved, the court shall inquire regarding the reasons why the primary
goal has not been achieved and determine what needs to be done to make it
possible to achieve the primary goal. In all cases, the court shall:
(a)(i)
Order the permanency plan prepared by the agency to be implemented; or
(ii)
Modify the permanency plan, and order implementation of the modified plan; and
(b)(i)
Order the child returned home only if the court finds that a reason for removal
as set forth in RCW 13.34.130 no longer exists; or
(ii)
Order the child to remain in out-of-home care for a limited specified time
period while efforts are made to implement the permanency plan.
(7)
If the court orders the child returned home, casework supervision shall
continue for at least six months, at which time a review hearing shall be held
pursuant to RCW 13.34.130(7), and the court shall determine the need for
continued intervention.
(8)
Continued juvenile court jurisdiction under this chapter shall not be a barrier
to the entry of an order establishing a legal guardianship or permanent legal
custody when, (a) the court has ordered implementation of a permanency plan
that includes legal guardianship or permanent legal custody, and (b) the party
pursuing the legal guardianship or permanent legal custody is the party
identified in the permanency plan as the prospective legal guardian or
custodian. During the pendency of such proceeding, juvenile court shall
conduct review hearings and further permanency planning hearings as provided in
this chapter. At the conclusion of the legal guardianship or permanent legal
custody proceeding, a juvenile court hearing shall be held for the purpose of
determining whether dependency should be dismissed. If a guardianship or
permanent custody order has been entered, the dependency shall be dismissed.
(9)
Following the first permanency planning hearing, the court shall hold a further
permanency planning hearing in accordance with this section at least once every
twelve months until a permanency planning goal is achieved or the dependency is
dismissed, whichever occurs first.
(10)
Except as otherwise provided in RCW 13.34.235, the status of all dependent
children shall continue to be reviewed by the court at least once every six
months, in accordance with RCW 13.34.130(7), until the dependency is
dismissed. Prior to the second permanency planning hearing, the agency that
has custody of the child shall consider whether to file a petition for
termination of parental rights.
(11)
Nothing in this chapter may be construed to limit the ability of the agency
that has custody of the child to file a petition for termination of parental
rights or a guardianship petition at any time following the establishment of
dependency. Upon the filing of such a petition, a fact-finding hearing shall
be scheduled and held in accordance with this chapter unless the agency
requests dismissal of the petition prior to the hearing or unless the parties
enter an agreed order terminating parental rights, establishing guardianship,
or otherwise resolving the matter.
(12)
The approval of a permanency plan that does not contemplate return of the child
to the parent does not relieve the supervising agency of its obligation to
provide reasonable services, under this chapter, intended to effectuate the
return of the child to the parent, including but not limited to, visitation
rights.
(13)
Nothing in this chapter may be construed to limit the procedural due process
rights of any party in a termination or guardianship proceeding filed under
this chapter.
NEW
SECTION. Sec. 18. A
new section is added to chapter 13.60 RCW to read as follows:
The
department of social and health services shall develop a procedure for
reporting missing children information to the missing children clearinghouse on
children who are receiving departmental services in each of its administrative
regions. The purpose of this procedure is to link parents to missing
children. When the department has obtained information that a minor child has
been located at a facility funded by the department, the department shall
notify the clearinghouse and the child's legal custodian, advising the
custodian of the child's whereabouts or that the child is subject to a
dependency action. The department shall inform the clearinghouse when
reunification occurs.
NEW
SECTION. Sec. 19. The
Washington institute for public policy shall review the effectiveness of the
procedures established in section 18 of this act. The study shall include:
(1) The number of legal custodians who utilize the clearinghouse; (2) the
number of children who are located after the department's procedures are
operational; (3) the impediments to effective utilization of the procedures and
what steps may be taken to reduce or eliminate the impediments; (4) the methods
of public education regarding the availability of the program and how to
increase public awareness of the program.
The
review shall be submitted to the legislature and the governor not later than
December 1, 2001.
Sec.
20. RCW
26.44.030 and 1998 c 328 s 5 are each amended to read as follows:
(1)(a)
When any practitioner, county coroner or medical examiner, law enforcement
officer, professional school personnel, registered or licensed nurse, social
service counselor, psychologist, pharmacist, licensed or certified child care
providers or their employees, employee of the department, juvenile probation
officer, placement and liaison specialist, responsible living skills program
staff, HOPE center staff, or state family and children's ombudsman or any
volunteer in the ombudsman's office has reasonable cause to believe that a
child or adult dependent or developmentally disabled person, has suffered abuse
or neglect, he or she shall report such incident, or cause a report to be made,
to the proper law enforcement agency or to the department as provided in RCW
26.44.040.
(b)
The reporting requirement shall also apply to department of corrections
personnel who, in the course of their employment, observe offenders or the
children with whom the offenders are in contact. If, as a result of
observations or information received in the course of his or her employment,
any department of corrections personnel has reasonable cause to believe that a
child or adult dependent or developmentally disabled person has suffered abuse
or neglect, he or she shall report the incident, or cause a report to be made,
to the proper law enforcement agency or to the department as provided in RCW
26.44.040.
(c)
The reporting requirement shall also apply to any adult who has reasonable
cause to believe that a child or adult dependent or developmentally disabled
person, who resides with them, has suffered severe abuse, and is able or
capable of making a report. For the purposes of this subsection, "severe
abuse" means any of the following: Any single act of abuse that causes
physical trauma of sufficient severity that, if left untreated, could cause
death; any single act of sexual abuse that causes significant bleeding, deep
bruising, or significant external or internal swelling; or more than one act of
physical abuse, each of which causes bleeding, deep bruising, significant
external or internal swelling, bone fracture, or unconsciousness.
(d)
The report shall be made at the first opportunity, but in no case longer than
forty-eight hours after there is reasonable cause to believe that the child or
adult has suffered abuse or neglect. The report shall include the identity of
the accused if known.
(2)
The reporting requirement of subsection (1) of this section does not apply to
the discovery of abuse or neglect that occurred during childhood if it is
discovered after the child has become an adult. However, if there is
reasonable cause to believe other children, dependent adults, or
developmentally disabled persons are or may be at risk of abuse or neglect by
the accused, the reporting requirement of subsection (1) of this section shall
apply.
(3)
Any other person who has reasonable cause to believe that a child or adult
dependent or developmentally disabled person has suffered abuse or neglect may
report such incident to the proper law enforcement agency or to the department
of social and health services as provided in RCW 26.44.040.
(4)
The department, upon receiving a report of an incident of alleged abuse or
neglect pursuant to this chapter, involving a child or adult dependent or
developmentally disabled person who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental means or who has
been subjected to alleged sexual abuse, shall report such incident to the
proper law enforcement agency. In emergency cases, where the child, adult
dependent, or developmentally disabled person's welfare is endangered, the
department shall notify the proper law enforcement agency within twenty-four
hours after a report is received by the department. In all other cases, the
department shall notify the law enforcement agency within seventy-two hours
after a report is received by the department. If the department makes an oral
report, a written report shall also be made to the proper law enforcement
agency within five days thereafter.
(5)
Any law enforcement agency receiving a report of an incident of alleged abuse
or neglect pursuant to this chapter, involving a child or adult dependent or
developmentally disabled person who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental means, or who has
been subjected to alleged sexual abuse, shall report such incident in writing
as provided in RCW 26.44.040 to the proper county prosecutor or city attorney
for appropriate action whenever the law enforcement agency's investigation
reveals that a crime may have been committed. The law enforcement agency shall
also notify the department of all reports received and the law enforcement
agency's disposition of them. In emergency cases, where the child, adult
dependent, or developmentally disabled person's welfare is endangered, the law
enforcement agency shall notify the department within twenty-four hours. In
all other cases, the law enforcement agency shall notify the department within
seventy-two hours after a report is received by the law enforcement agency.
(6)
Any county prosecutor or city attorney receiving a report under subsection (5)
of this section shall notify the victim, any persons the victim requests, and
the local office of the department, of the decision to charge or decline to
charge a crime, within five days of making the decision.
(7)
The department may conduct ongoing case planning and consultation with those
persons or agencies required to report under this section, with consultants
designated by the department, and with designated representatives of Washington
Indian tribes if the client information exchanged is pertinent to cases
currently receiving child protective services or department case services for
the developmentally disabled. Upon request, the department shall conduct such
planning and consultation with those persons required to report under this
section if the department determines it is in the best interests of the child
or developmentally disabled person. Information considered privileged by
statute and not directly related to reports required by this section shall not
be divulged without a valid written waiver of the privilege.
(8)
Any case referred to the department by a physician licensed under chapter 18.57
or 18.71 RCW on the basis of an expert medical opinion that child abuse,
neglect, or sexual assault has occurred and that the child's safety will be
seriously endangered if returned home, the department shall file a dependency
petition unless a second licensed physician of the parents' choice believes
that such expert medical opinion is incorrect. If the parents fail to
designate a second physician, the department may make the selection. If a
physician finds that a child has suffered abuse or neglect but that such abuse
or neglect does not constitute imminent danger to the child's health or safety,
and the department agrees with the physician's assessment, the child may be
left in the parents' home while the department proceeds with reasonable efforts
to remedy parenting deficiencies.
(9)
Persons or agencies exchanging information under subsection (7) of this section
shall not further disseminate or release the information except as authorized
by state or federal statute. Violation of this subsection is a misdemeanor.
(10)
Upon receiving reports of alleged abuse or neglect, the department or law enforcement
agency may interview children. The interviews may be conducted on school
premises, at day-care facilities, at the child's home, or at other suitable
locations outside of the presence of parents. Parental notification of the
interview shall occur at the earliest possible point in the investigation that
will not jeopardize the safety or protection of the child or the course of the
investigation. Prior to commencing the interview the department or law
enforcement agency shall determine whether the child wishes a third party to be
present for the interview and, if so, shall make reasonable efforts to
accommodate the child's wishes. Unless the child objects, the department or
law enforcement agency shall make reasonable efforts to include a third party
in any interview so long as the presence of the third party will not jeopardize
the course of the investigation.
(11)
Upon receiving a report of alleged child abuse and neglect, the department or
investigating law enforcement agency shall have access to all relevant records
of the child in the possession of mandated reporters and their employees.
(12)
The department shall maintain investigation records and conduct timely and
periodic reviews of all cases constituting abuse and neglect. The department
shall maintain a log of screened-out nonabusive cases.
(13)
The department shall use a risk assessment process when investigating alleged
child abuse and neglect referrals. The department shall present the risk
factors at all hearings in which the placement of a dependent child is an
issue. Substance abuse must be a risk factor. The department shall, within
funds appropriated for this purpose, offer enhanced community-based services to
persons who are determined not to require further state intervention.
The
department shall provide annual reports to the legislature on the effectiveness
of the risk assessment process.
(14)
Upon receipt of a report of alleged abuse or neglect the law enforcement agency
may arrange to interview the person making the report and any collateral
sources to determine if any malice is involved in the reporting.
(15)
The department shall make reasonable efforts to learn the name, address, and
telephone number of each person making a report of abuse or neglect under this
section. The department shall provide assurances of appropriate
confidentiality of the identification of persons reporting under this section.
If the department is unable to learn the information required under this
subsection, the department shall only investigate cases in which: (a) The
department believes there is a serious threat of substantial harm to the child;
(b) the report indicates conduct involving a criminal offense that has, or is
about to occur, in which the child is the victim; or (c) the department has,
after investigation, a report of abuse or neglect that has been founded with
regard to a member of the household within three years of receipt of the
referral.
NEW
SECTION. Sec. 21. A
new section is added to chapter 74.15 RCW to read as follows:
The
department shall provide technical assistance in preparation of grant proposals
for HOPE centers and responsible living skills programs to nonprofit
organizations unfamiliar with and inexperienced in submission of requests for
proposals to the department.
NEW
SECTION. Sec. 22. A
new section is added to chapter 74.15 RCW to read as follows:
The
department shall consider prioritizing, on an ongoing basis, the awarding of
contracts for HOPE centers and responsible living skills programs to providers
who have not traditionally been awarded contracts with the department.
NEW
SECTION. Sec. 23. The
department of social and health services shall seek any necessary federal
waivers for federal funding of the programs created under sections 10 through
26 of this act. The department shall pursue federal funding sources for the
programs created under sections 10 through 26 of this act, and report to the
legislature any statutory barriers to federal funding.
NEW
SECTION. Sec. 24. The
Washington state institute for public policy shall review the effectiveness of
the HOPE centers and the responsible living skills programs. The study shall
include the characteristics of the youth being served, the services offered to
participating youth, the success of permanent placement of youth, the number of
youth participating in each program, the number of youth who successfully
complete the responsible living skills program, educational achievement of
participants, employment history of participants, the outcomes for youth who
have progressed through the programs, and other measures that the institute
deems helpful in determining the measurable outcomes of sections 10 through 26
of this act.
The
review shall be submitted to the legislature and the governor not later than
December 1, 2001.
NEW
SECTION. Sec. 25. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 26.
Within funds specifically appropriated by the legislature, HOPE center beds
referenced in section 12 of this act and responsible living skills program beds
referenced in section 13 of this act shall be phased in at the rate of
twenty-five percent each year beginning January 1, 2000, until the maximum is
attained.
NEW SECTION. Sec. 27.
Sections 12 and 13 of this act take effect January 1, 2000.
