AN ACT Relating to children and family services; adding new sections to chapter 74.14A RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature hereby reaffirms that the family unit is a fundamental resource of American life which should remain intact in the absence of compelling evidence to the contrary. The legislature declares that all laws, administrative rules, agencies, programs, and employees shall recognize the family as the basic source for nurturing and raising children and shall protect and enhance family life. Because the state has the authority, by means of its police power, to remove a child from the home of his or her parents, it is the intent of the legislature to establish a process to protect the rights and interests of parents.

NEW SECTION. Sec. 2. A new section is added to chapter 74.14A RCW to read as follows:

(1) Each local office of the division of children and family services, or its successor, within the department of social and health services shall establish an accountability board to review petitions regarding the decisions, conduct, or performance of the employees of the local office.

(2) Members of each accountability board shall be appointed by a committee consisting of:

(a) A member of the legislative authority of each county in the office's service area;

(b) A superior court judge and a court commissioner from each county in the office's service area; and

(3) The committee shall accept applications for membership on the accountability board from any persons who (a) are not employed by the division of children and family services or any other child care agency, and (b) have not had under the care, custody, or control of the division of children and family services within the previous two years any children of their own or other children entrusted to their care. In making appointments to the board, the committee shall consider the criminal history of the applicant, who shall consent to release of such information to the committee.

(4) Members of the board shall not serve in excess of one year unless other applicants are not available. The committee may dismiss a member of the board for good cause, including the improper release of any confidential information obtained in the course of the board's work.

(5) Each accountability board may adopt bylaws or rules governing its procedures consistent with this section and section 3 of this act. The department shall assign an employee to serve as a resource person for each board.

NEW SECTION. Sec. 3. A new section is added to chapter 74.14A RCW to read as follows:

(1) A board of accountability established under section 2 of this act shall review any petition alleging wrongdoing based on the decisions, performance, or conduct of a local employee of the division of children and family services if:

(a) The petition is brought by a parent whose child has been removed from the home by action of an employee of the division and the child is currently in an out-of-home placement;

(b) The parent has first registered a written complaint with the area manager of the division office involved in the case. The area manager shall respond in writing to the complaint within twenty days. If the response is not satisfactory or timely, the parent may then petition the board.

(c) The parent states in the petition the names and ages of the children involved, the specific wrongdoing by the division employee, the desired action, and what steps the parent has taken to resolve the problem. A copy of the complaint to the area manager and response, if any, shall be attached to the petition.

(2) The board may provide forms for petitions but shall accept a petition in any form that substantially meets the requirements of this section. Following acceptance of the petition, the board may, at its discretion, review any information in the file, and conduct interviews with the parents and division employees. All information reviewed by the board shall be confidential.

(3) The board shall respond in writing to the parent within forty-five days from the date a valid petition is filed. In its response, the board shall state whether or not it believes there was any wrongdoing based on the division employee's decisions, performance, or conduct. The board shall recommend what action, if any, is indicated, which may include returning the child to the parent or recommending a reprimand, suspension, termination, or further training of an employee. A copy of the board's response shall become part of the division's file on the case, one copy shall be sent to the court having jurisdiction on the case, and one copy shall be sent to the director of the division.

(4) The remedies provided by this section are cumulative and are in addition to any other remedies provided by law.