SENATE BILL REPORT

SSB 5431

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Stevens, Hargrove, Regala, McAuliffe, Carrell, Brandland and King).

Majority Report: That Substitute Senate Bill No. 5431 be substituted therefor, and the substitute bill do pass.

Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens, Ranking Minority Member; Brandland, Carrell, Kauffman and McAuliffe.

Background: A number of children who have been in foster care and return home are forced for many reasons to return to foster care. The Department of Social and Health Services (DSHS) tries to place the child in an appropriate foster home which is sometimes not a relative nor the home in which the child had been previously placed.

Summary of Substitute Bill: When a child is returned to foster care, DSHS must give preference to placement of the child with a relative. If, after due diligence, DSHS cannot locate an appropriate relative or the relative is unavailable or inappropriate, DSHS must give preference to placement of the child with a foster family in which the child had been previously placed if the foster home is available and willing, is currently appropriate for the child's needs, and the placement is in the best interests of the child.

Staff Summary of Public Testimony: PRO: This bill gives recognition to the fact that children in long-term foster care do form important bonds which can help them when their other connections break down. It makes sense that the foster family that knows the child best would be in the best position to help the child again. We should listen to the voice of the child and see if the child is OK with returning to the particular foster home. It will not do the child any good to return to a foster home that the child dislikes.

OTHER: The department would prefer adding language to clarify that there would be preference to place in a former foster home if the home is available and the foster parents are willing to receive the child.

Persons Testifying: PRO: Gary Malkasian, Foster Care Justice Alliance; Ryan Murrey, State CASA Association.

OTHER: Ken Nichols, Children's Administration; Sharonda Amamilo, Thurston OAC Parent Representation Program.

House Amendment(s): Clarifies that the bill is consistent with existing statute regarding preferences for placement with a relative or other suitable person in child dependency cases. Establishes that the second priority for placement of a child returned to foster care is with a foster family with whom the child lived previously if certain conditions are met.