AN ACT Relating to community social services; adding a new chapter to Title 74 RCW; adding a new section to chapter 43.20A RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the purpose of this chapter to establish a system of planning for and providing community social services administered by the executive authority of each county under the supervision of the secretary of social and health services.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Community social services" means services included in the comprehensive annual services plan published by the secretary, including those community services made available prior to the effective date of this act by the department's division of developmental disabilities, division of mental health, bureau of aging, and bureau of alcohol and substance abuse.

Community social services do not include public assistance programs known as aid to families with dependent children, supplemental aid, medical assistance, general assistance, general assistance medical care, or community health services, and those made available by the division of children and family services and the division of juvenile rehabilitation.

(2) "State social services plan" means the state social services plan required by section 3 of this act.

(3) "County plan" means the community social services plan required by section 8 of this act.

(4) "County board" means the executive authority in each county.

(5) "Department" means the department of social and health services.

(6) "Secretary" means the secretary of social and health services.

NEW SECTION. Sec. 3. (1) The secretary shall prepare a biennial social services plan and present the plan to the governor and the legislature. The secretary shall update the plan biennially. The plan shall include:

(a) A statement of methods used to ensure intergovernmental coordination of state and local planning and delivery of community social services;

(b) A coordination statement setting forth the relationship of the state social services plan to any other federal, state, or locally financed human services programs, including but not limited to, programs for the aged, children, the developmentally disabled, the chemically dependent, and programs related to corrections, education, vocational rehabilitation, mental health, housing, health, and employment;

(c) A statement of the relationship of the state social services plan to comprehensive social, economic, physical, and environmental plans adopted by the local governmental units, including the rationale for any differences; and

(d) An evaluation of the effectiveness of the prior two years performance of each program in relation to identified public social problems, stating the measurable goals, objectives, methods, and outcome for those years, including the extent to which the numbers of persons and families proposed to be served by each category of social service were actually served, the direct cost, and the administrative cost per unit of social service for each category.

The secretary shall consult with the heads of human service related state departments and agencies in preparing the coordination statement required by this section.

(2) Copies of the proposed state plan shall be made reasonably available to the public allowing sufficient time for public review and comment. Copies of the updated state social services plan shall be submitted to the governor and the legislature prior to the beginning of each biennium and shall be made available to the public.

NEW SECTION. Sec. 4. (1) The secretary shall supervise the community social services administered by the counties through standard-setting, technical assistance to the counties, approval of county plans, preparation of the state biennial plan, evaluation of community social services programs, and distribution of public money for services.

(2) Within thirty days after submission of the community social services plan by the counties pursuant to section 8(5) of this act, the secretary shall certify whether the plan fulfills the purposes and requirements of law and the rules of the department. If the secretary certifies that the plan does not do so, the secretary shall state the reasons therefor, and the county shall have thirty days to submit a plan amended to comply with the requirements of the secretary. If the county fails to resubmit a plan amended as required by the secretary, the secretary shall notify the county of the secretary's intention to reduce the next quarterly payment by an amount equal to one-third of one percent of the county's annual entitlement for each thirty-day period during which the county fails to amend the plan as required by the secretary. The county board has the right to appeal the secretary's decision pursuant to section 5(8) of this act.

(3) The secretary shall also:

(a) Provide necessary forms and instructions to the counties for plan format and information;

(b) Eliminate or revise all applicable department rules as appropriate to accommodate this chapter;

(c) Provide training and other support services to county boards to assist in needs assessment, planning, implementing, and monitoring social services programs in the counties;

(d) Design and implement a method of monitoring and evaluating the social services programs delivered within the state, and assure compliance with applicable standards, guidelines, and the county and state social services plans;

(e) Annually publish a report on community social services which reflects the contents of the individual county reports. The report shall be submitted to the governor and the legislature with an evaluation of community social service programs and recommendations for changes needed to fully implement state social service policies; and

(f) Request waivers from federal programs as necessary to implement this chapter.

NEW SECTION. Sec. 5. (1) The secretary shall distribute community service aids to each county board in an amount determined according to a formula that incorporates the following elements:

(a) The average unduplicated number of persons who received aid to families with dependent children, general assistance, and medical assistance in the county in calendar year 1984;

(b) The number of persons residing in the county; and

(c) The number of persons residing in the county who are sixty-five years of age or older as determined by the most recent data of the state demographer.

In establishing the formula, the secretary shall consult with local government officials, social services providers, and social service recipients.

(2) A county shall not receive less for community social services in calendar years 1987 and 1988 than 106 percent and 112 percent respectively of the amount of state money expended in the year 1985 by the state for social services. A county shall not receive more than 130 percent of the amount received in the immediately preceding year as specified in this section. For the first year following July 1, 1986, a county shall not receive more than 130 percent of the amount received in 1984.

(3) The secretary shall make payments for community social services to each county in four installments per year. The secretary may certify the payments for the first three months of a calendar year based on estimates of the unduplicated number of persons receiving aid to families with dependent children, general assistance, and medical assistance for the prior year. The following three payments shall be adjusted to reflect the actual unduplicated number of persons who received aid to families with dependent children, general assistance, and medical assistance as required by subsection (1) of this section.

(4) Each county shall quarterly certify to the secretary that the county has provided from its resources funding for community social services in an amount at least equal to its state aids pursuant to the formula in subsection (1) of this section.

(5) A county which has not spent the aids granted under this chapter for community social services within two years of receiving those aids shall receive a reduction in aid calculated pursuant to subsection (1) of this section. This reduction shall be made in the calendar year which begins no more than thirty months after the underspending has occurred and shall be equal to one-half the amount of aids which were not spent.

(6) A county which provides less than the amount required in subsection (4) of this section shall receive a reduction in the aid calculated by the secretary.

(7) Prior to certifying any reduction in aids, the secretary shall notify the county of the secretary's intention to certify a reduction and of the county's right to a hearing. If the county requests a hearing within thirty days of notification of intention to reduce aids, the secretary shall not certify any reduction in aids until a hearing is conducted and a decision rendered in accordance with chapter 34.04 RCW.

(8) The secretary may make grants to counties for planning community social service programs. The secretary shall specify the terms and conditions of the planning grants. Grants for planning shall be limited to one year.

NEW SECTION. Sec. 6. (1) Beginning in calendar year 1987, money for social services that is received from the federal government to reimburse counties for social service expenditures pursuant to Title XX of the federal social security act shall be allocated to each county according to a formula that includes those services made available prior to the effective date of this act by the department of social and health services division of children and family services and those community services made available by the department's division of developmental disabilities, division of mental health, bureau of aging, and bureau of alcohol and substance abuse.

If the amount allocated to any county is less than the minimum Title XX share of that county, its allocation shall be raised to its minimum Title XX share through a percent reduction applied to the amounts that allocations to other counties exceed their minimum Title XX shares. If in any year the amount of Title XX funds to the state is reduced below the level it received in federal fiscal year 1985, the guarantee provided in this section shall be reduced by a percentage reduction equal to the percentage reduction in Title XX money to the state as a whole. The secretary shall annually review the use of Title XX money by each county and reallocate unused money among the other counties so as to raise them to their earnings in federal fiscal year 1986. Any federal Title XX money unused after this reallocation shall be reallocated by the secretary according to the formula in this subsection so that all available federal money is used within the federal fiscal year.

(2) The secretary shall make determined efforts to obtain the maximum amount of training money to which the state is entitled pursuant to Title XX of the federal social security act. In allocating training money received from the federal government pursuant to Title XX of the federal social security act, the secretary shall, insofar as federal regulations allow, give preference to training or retraining county personnel in the administration of community social services.

NEW SECTION. Sec. 7. (1) The county board of each county shall be responsible for administration, planning, and funding of community social services programs. Each county board shall singly or in combination with other county boards as provided in section 8 of this act prepare a social services plan for development and coordination of community social services programs and shall update the plan biennially. Upon final approval of the plan by the county board or boards, the plan shall be submitted to the secretary. The county board shall distribute money available pursuant to sections 5 and 6 of this act for community social services programs.

(2) The county board may appoint a director of community social services to serve at the pleasure of the board and to perform the administrative functions required of the board by this chapter.

(3) The county board may contract for community social services programs with a human services board, a multicounty board established by a joint powers agreement, other political subdivisions, or private organizations. The final approval of the community social services plan required in section 8 of this act shall be made by the county board of each county. Nothing in this subsection shall be construed to negate any collective bargaining unit agreements that are operative between exclusive representatives and the county prior to the effective date of this act.

(4) In the accounts and records of each county, there shall be created a community social services fund. All moneys provided for community social services programs under sections 5 and 6 of this act and all other revenues, fees, grants-in-aid, gifts, or bequests designated for community social services purposes shall be identified in the record of the fund and in the report required in subsection (7) of this section. The fund shall be used exclusively for planning and delivery of community social services. If county boards have joined for purposes of administering community social services, the county boards may create a joint community social services fund.

(5) The county board may, subject to approval of the secretary, establish a schedule of fees based upon clients' ability to pay, to be charged to recipients of community social services. Payment, in whole or in part, for services may be accepted from any person. If services are provided to any person, including a recipient of aids administered by the federal, state, or county government, payment of any charges due may be billed to and accepted from a public assistance agency or from any public or private corporation.

(6) The county responsible for payment for community social services is the county in which the recipient of services resides at the time of application. The county of financial responsibility does not change as a result of referral for services to another county. Minors are considered as residing in the county in which their parents or guardians reside. When a minor reaches the age of eighteen, the county of financial responsibility is the county in which the minor resides. If a person continues in residential care or treatment after reaching the age of eighteen, the county that initiated the treatment is the county of financial responsibility.

(7) Beginning in calendar year 1987, each county shall submit to the secretary a financial accounting of the county's community social services fund. A quarterly statement shall be submitted no later than fifteen days after the end of the calendar quarter, and shall include:

(a) A detailed statement of income and expenses attributable to the fund in the preceding quarter; and

(b) A statement of the source and application of all money used for social services programs by the county during the preceding quarter, including the number of clients served and expenditure for each service provided, as required by the secretary.

In addition, each county shall submit to the secretary no later than February 15 of each year, a detailed balance sheet of the community social development fund for the preceding calendar year.

If county boards have joined or designated human service boards for purposes of providing community social services programs, the county boards may submit a joint statement or the human service board shall submit the statement, as applicable.

(8) In calendar years 1987 and 1988, the county board shall not reduce the expenditures provided in calendar year 1985 for the following services: Mental health, chemical dependency, and mental retardation services, including developmental achievement centers.

(9) Two or more contiguous counties may, by resolution of their respective county boards, agree to combine into one board for social service purposes to serve the counties that enter into the agreement. The joint board shall have the same powers, duties, and functions as the individual county boards. The term of the joint board, withdrawal from the joint board, composition of the board, and contribution to the expenses of the board shall be according to the terms of the agreement. A joint board established pursuant to this section may encompass completely two regions. Insofar as possible, social services that are jointly administered shall be equally accessible to all citizens of the counties that are party to the agreement.

NEW SECTION. Sec. 8. (1) Commencing in 1986 and every two years thereafter, the county board shall, on or before May 1 of that year, publish and make available upon request to all residents of the county a proposed biennial community social services plan.

(2) The county board shall provide opportunities for participation by citizens in the county, including representatives of users of services, in the development of the biennial plan and in the allocation of money for community social services. At least sixty days prior to publication of the proposed plan, the county board shall publish the methods proposed to achieve citizen participation in the planning process.

(3) The biennial community social services plan published by the county shall include:

(a) A statement of the goals of community social service programs in the county;

(b) Methods used pursuant to subsection (2) of this section to encourage participation of citizens and providers in the development of the plan and the allocation of money;

(c) Methods used to identify persons in need of service and the social problems to be addressed by the community social service programs;

(d) A description of each community social service proposed and identification of the agency or person proposed to provide the service;

(e) The amount of money proposed to be allocated to each service;

(f) An inventory of public and private resources which are available to the county for social services;

(g) Evidence that serious consideration was given to the purchase of services from private and public agencies; and

(h) Methods whereby community social service programs will be monitored and evaluated by the county.

(4) Each county plan must address the needs of the following groups of citizens:

(a) Families with children under eighteen years of age who are experiencing serious conflict, neglect, or abuse;

(b) Persons who are under the supervision of the secretary as dependent persons;

(d) Persons sixty years of age or older who are experiencing difficulty living independently and are unable to provide for their own needs;

(e) Emotionally disturbed children and adolescents, and chronically and acutely mentally ill persons who are unable to provide for their own needs or to independently engage in ordinary community activities;

(f) Mentally retarded persons who are unable to provide for their own needs or to independently engage in ordinary community activities;

(g) Drug-dependent and intoxicated persons and persons at risk of harm to self or others due to the ingestion of alcohol or other drugs; and

(h) Other groups of persons who, in the judgment of the county board, are in need of social services.

(5) The county board shall submit the biennial community social services plan to the secretary. The date of publication and submission to the secretary shall be determined so that the plan is coordinated with the proposed and final comprehensive annual services program plan required by Title XX of the federal social security act.

(6) The county board shall make available to the public through publication or posting in public buildings the names and locations of agencies responsible for the provision of community social services.

NEW SECTION. Sec. 9. Beginning in calendar year 1988, each county shall submit to the secretary a report on the effectiveness of the community social service programs in the county. The secretary in collaboration with county boards shall prescribe standard methods to be used by the counties in making the report. The report shall be submitted no later than January 15 of each year and shall include (1) the number and type of recipients of each service; and (2) an evaluation on the basis of measurable program objectives and performance criteria for each county social service program.

NEW SECTION. Sec. 10. The secretary may, pursuant to rules, assess each county a proportion of the costs not to exceed forty percent for each county resident committed or voluntarily admitted to a state institution for the mentally ill or the chronically dependent. The secretary may take into consideration such factors as the community-based services made available in the past for the person and the appropriateness of less restrictive alternatives for the person.

NEW SECTION. Sec. 11. Beginning in calendar year 1987, community social services previously provided and made available by the department of social and health services shall be provided and be made available by the counties except where otherwise provided by law. Nothing in this section shall be construed to mean that programs provided or made available by the counties must be the same as those offered by the department.

NEW SECTION. Sec. 12. Nothing in this chapter prohibits the secretary from making grants for pilot programs in certain counties or on a state-wide basis if the legislature authorizes money to encourage innovation in community social services programs or to respond to the needs of a specified group of persons.

NEW SECTION. Sec. 13. This chapter may be known and cited as the community social services act.

NEW SECTION. Sec. 14. A new section is added to chapter 43.20A RCW to read as follows:

(1) The organization of the department under RCW 43.20A.060 shall include:

(a) A division responsible for the maintenance and operation of all state-owned social service residential institutions; and

(b) A division that administers those programs administered prior to the effective date of this act by the division of income assistance, children and family services, and juvenile rehabilitation, with the exception of the administration of state-owned residential institutions.

(2) It is the primary goals of the department to:

(a) Operate state institutions in an efficient, humane manner;

(b) Increase the self-sufficiency of individuals receiving public assistance; and

The department shall develop standards by which these goals may be monitored.

NEW SECTION. Sec. 15. Sections 1 through 13 of this act shall constitute a new chapter in Title 74 RCW.

NEW SECTION. Sec. 16. (1) There is established an advisory committee on the delivery of social services. The committee shall consist of:

(a) One member of the house of representatives from each of the two major political parties, to be appointed by the speaker of the house of representatives;

(b) One member of the senate from each of the two major political parties, to be appointed by the president of the senate; and

(c) Six persons to be appointed by the governor, which shall include at least one person representing county governments.

(2) The committee shall study alternative methods to efficiently deliver social services in the state. The committee shall submit a report to the governor and the legislature by December 31, 1986, on which date the committee shall cease to exist.

NEW SECTION. Sec. 17. Section 16 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.