Brief Description: Establishing the use of family team decision meetings.

Sponsors: Representatives Kagi, O'Brien, Dickerson, Schual-Berke, Boldt and Morrell.

Hearing Date: 1/21/04

Staff: Cynthia Forland (786-7152).

Background:

The Department of Social and Health Services (DSHS) is required to provide child welfare services throughout the state. Child welfare services are defined by state law as public social services, including adoption services, which strengthen, supplement, or substitute for parental care and supervision for the purpose of:

       •    preventing or remedying, or assisting in the solution of, problems that may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;

       •    protecting and caring for dependent or neglected children;

       •    assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children with services designed to resolve those conflicts;

       •    protecting and promoting the welfare of children, including the strengthening of their own homes where possible or where needed; and

       •    providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.

The DSHS is also specifically required to perform the following:

       •    develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of runaway, dependent, or neglected children;

       •    within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, that is, homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, and pregnant and parenting teens;

       •    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;

       •    offer, on a voluntary basis, family reconciliation services to families who are in conflict;

       •    monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided; and

       •    provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement, within amounts appropriated for that specific purpose.

Summary of Bill:

The DSHS is required to establish as a goal the use of a family team decision meeting in each case in which a child is involved in the child welfare system throughout the state by January 1, 2005. It is provided that a family team decision meeting is a family-focused intervention facilitated by dedicated professional staff that is designed to build and strengthen the natural caregiving system for the child. The purpose of the family team decision meeting is to establish a plan that provides for the safety, attachment, and permanency needs of the child. Family team decision meetings may include family group conferences, family unity meetings, family mediation, or other professionally recognized interventions that include extended family and rely upon the family to make decisions about planning for its children.

When the DSHS determines that the use of a family team decision meeting is appropriate, an initial meeting must be held as soon as possible following a child's involvement in the child welfare system with subsequent meetings being held at key decision points relating to the child, as appropriate. If the DSHS elects not to conduct a family team decision meeting, the reasons for that decision must be clearly documented in the written service plan of the child developed by the DSHS.

If the DSHS determines that the use of a family team decision meeting is appropriate, the DSHS is required to conduct and document reasonable inquiries to promptly locate and notify the parents, grandparents, and any other family members who have a significant relationship with the child. A family members is any person 12 years of age or older, or, when appropriate, a child under 12 years of age, to whom the child involved in the child welfare system is related by blood, adoption, or marriage, including marriages that have been dissolved, or any other individual to whom the child is not related but who has been identified as having a significant relationship with the child. Family members include, but are not limited to: parents; stepparents; persons denoted by the prefix "grand" or "great"; siblings, whether full, half, or step; aunts and uncles; nephews and nieces; and cousins. It is provided that reasonable inquiries mean efforts that involve reviewing the case file for relevant information, contacting the parents or guardians of the child, and contacting additional sources of information that may lead to ascertaining the whereabouts of family members, if necessary.

All notified family members may attend the family team decision meeting unless the DSHS determines that the safety of any attendee will be compromised by the attendance of any family member. Any family member who the DSHS deems a safety risk may provide written statements that address the subject of any family team decision meeting, including the determination of placement of the child or components of a service plan for the child and family members.

If the DSHS conducts a family team decision meeting, the meeting must result in the development of a written family plan that may include service recommendations, placement recommendations, and a permanency plan. The family plan must include the following:

       •    the expectations of the parents of the child and other family members;

       •    services the DSHS will provide;

       •    timelines for implementation of the plan;

       •    the benefits of compliance with the plan;

       •    the consequences of noncompliance with the plan; and

       •    a schedule of subsequent meetings, if appropriate.

Any family member participating in a family team decision meeting must sign a written acknowledgment of the content of the family plan developed at the family team decision meeting and that family member's attendance at the meeting. 

The DSHS is required to incorporate the family plan developed at the family team decision meeting into the service plan for the child to the extent that the family plan protects the child, builds on family strengths, and is focused on achieving permanency for the child within a reasonable time. If the family plan is not incorporated into the service plan for the child, the DSHS is required to document the reasons in the service plan.

The DSHS is required to send a copy of the family plan to the family participants, including those family members who participated by written statement, no later than 21 days after the conclusion of the family team decision meeting.

Appropriation: None.

Fiscal Note: Requested on January 14, 2004.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.