AN ACT Relating to children and family services; amending RCW 13.40.025, 13.40.027, and 13.40.030; adding a new chapter to Title 26 RCW; creating new sections; declaring an emergency; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds and declares that parents have the primary responsibility for meeting the needs of their children and the state has an obligation to help them discharge this responsibility when parents are unable to do so. The legislature recognizes the need to devote special attention to the well-being of children in the state. The purpose of this chapter is to create a department of children and family services which focuses on children as a sole priority and includes community involvement in decision-making, in delivering services, and in generating local support to meet unmet needs.

The legislature intends to deliver services through a coordinated system that engenders cooperation and support between state and regional employees, service providers, and recipients and provides for accountability for success and failure in service delivery. The legislature intends that the department deliver services which are culturally relevant and appropriate to the children and families it serves. All system workers should be treated with respect and included in decision-making processes.

The delivery system is intended to emphasize education, training, and emotional empowerment of parents as an approach to assisting and protecting children. The new department should seek to assist families to develop a stable structure appropriate to the current societal environment, which emphasizes parenting education and other prevention programs. In order to accomplish this purpose, the system should seek to insure that children in the state have adequate food, clothing, shelter, and parenting, as well as mental and physical health services.

NEW SECTION. Sec. 2. There is established a department of children and family services.

All powers, duties, and functions vested by law on July 1, 1989, in the following divisions and bureaus of the department of social and health services are transferred to the department of children and family services:

(1) The division of children and family services;

(2) The division of juvenile rehabilitation;

(3) The division of mental health, to the extent the powers, duties, and functions of the division of mental health pertain to children and youth;

(4) The division of health, to the extent the powers, duties and functions of the division of health pertain to children and youth;

(5) The bureau of alcohol and substance abuse, to the extent the powers, duties, and functions of the bureau of alcohol and substance abuse pertain to children and youth; and

(6) In furtherance of the purpose established in this section, the department of children and family services and the department of social and health services shall execute an interagency agreement to ensure the coordination necessary to prevent a loss of, or gap in service to those children remaining under the purview of divisions or bureaus remaining within the department of social and health services.

NEW SECTION. Sec. 3. Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

(1) "Secretary" means the secretary of children and family services.

(2) "Council" means the state advisory council on children and family services.

(3) "Department" means the department of children and family services.

(4) "County authority" means the county legislative authority, or two or more county legislative authorities if the counties are acting jointly under this chapter.

(5) "Advisory committee" means the children's services advisory committee created by RCW 74.13.031.

NEW SECTION. Sec. 4. The children's services advisory committee created in RCW 74.13.031 shall be temporarily expanded, during calendar year 1988 only, to include one member of each caucus of the senate and of the house of representatives, appointed by each caucus, and one member of the governor's commission on children, appointed by the governor. Committee members shall be reimbursed for travel expenses pursuant to RCW 43.03.050 and 43.03.060.

The advisory committee shall review and finalize a plan for an administrative structure in accordance with this act. The plan shall include recommendations for additional statutory modifications and efficient transition and shall be submitted to appropriate legislative committees by December 1, 1988.

The advisory committee shall hold at least one public hearing in each of the six administrative regions of the department of social and health services, and shall systematically consult with department staff from all levels of program operation in each of the divisions specified in section 2 of this act. Consultation with staff members from all program levels may be accomplished through the creation of a special staff task force under procedures that enable members to speak freely about relevant work experience observations. The children's services advisory committee may set up additional task forces or subcommittees as are deemed necessary and appropriate to accomplish the purposes of this section.

The proposed administrative structure for the department of children and family services shall include the concept of localized planning as set forth in this act. The plan shall also include a structure for simplified funding mechanisms which ensure prompt and equal payments to contracting service providers that serve clients from outside the county in which they are located. The funding mechanism shall allow children and families easy access to necessary and appropriate services that are available in other counties. The plan shall include a methodology for assuring cultural relevance in all departmental functions and shall ensure that line-level workers and contractors will be involved in service review processes and service design processes. The plan shall reserve the right of the state to monitor the compliance with all state and federal laws related to program operation and to temporarily administer any program found to be substantially out of compliance with state or federal law.

The proposed administrative structure shall include provision for the establishment of an office of children's advocacy, which shall investigate and respond to complaints filed by a child or family receiving services from the department of children and family services. The office of children's advocacy shall have access to the files of the department if written consent is given by the complainant or the complainant's parent or guardian and shall have authority to initiate a review of the case file in situations deemed appropriate by the office of children's advocacy.

The advisory committee shall consider the advisability of including portions of the division of economic and medical services of the department of social and health services responsible for administration of the aid to families with dependent children program into the new department of children and family services, and make recommendations to the legislature.

Staffing for the children's advisory committee shall be jointly provided by the department of social and health services, the office of financial management, and the legislature to accomplish the purposes of this act during 1988.

NEW SECTION. Sec. 5. Each county authority shall:

(1) Submit biennial needs assessments beginning January 1, 1989, and children and family services plans that incorporate all services provided for by the county authority consistent with state minimum standards and that provide access to services as outlined in this chapter.

The county authority shall develop the biennial needs assessment based on clients to be served, services to be provided, and the cost of those services. The plan may include input from the public, clients, and licensed services providers. Each county authority may appoint a county children and family services advisory board to review and provide comments on plans and policies developed by the county authority under this chapter. The composition of the board shall be broadly representative by the demographic character of the county and the children and families served therein. Length of terms of board members shall be determined by the county authority;

(2) Contract as needed with licensed service providers. The county authority may, in the absence of a licensed service provider entity pursuant to minimum standards required for licensing by the department for purposes of providing services not available from licensed service providers, operate as a licensed service provider if it deems that doing so is more efficient and cost-effective than contracting for services. When doing so, the county authority shall comply with rules promulgated by the secretary that provide measurements to determine if a county provided service is more efficient and cost-effective. If a county authority chooses to operate as a licensed service provider, the secretary shall act as the county authority for that service; and

(3) Monitor and perform biennial fiscal audits of licensed service providers who have contracted with the county to provide services required by this chapter. The monitoring and audit shall be performed by means of a formal process that ensures that the licensed service providers and professionals meet the terms of their contracts, including the minimum standards of management and service delivery as established by the department.

NEW SECTION. Sec. 6. Any agreement between two or more county authorities for the establishment of a children and family services plan shall provide that:

(1) Each county bears a share of the cost of developing the plan for the counties; and

(2) The treasurer of one participating county is the custodian of funds made available for purposes of children and family services and that the treasurer may make payments from such funds upon audit by the appropriate auditing officer of that county.

NEW SECTION. Sec. 7. Grants shall be made by the department to counties based upon the children and family services plan developed by the county or counties. The state reserves the right to directly contract with service providers for purposes of providing funding for services to clients from other counties. Counties shall use not less than ninety-five percent of allocated state funds to contract with local service providers in accordance with the needs assessment plan submitted to the secretary. A county may use up to forty percent of the remaining five percent to provide community pilot projects, including prevention and early intervention programs for children and their families, and the remainder shall be used for emergency need, technical assistance, and staff support in developing the plan.

NEW SECTION. Sec. 8. The county authority shall make satisfactory showing to the secretary that state funds are in no case used to replace local funds from any source being used to finance children and family services prior to July 1, 1988.

NEW SECTION. Sec. 9. In order to comply with this chapter, and before any funds are allocated, each county authority shall submit a children and family services program plan to the secretary for prior review and approval.

NEW SECTION. Sec. 10. It is the intent of the legislature that program service funding levels not be reduced as a result of the transition to a new department of children and family services. To implement this intent, the office of financial management shall prepare a transition plan to assure that appropriations are transferred to the department of children and family services in an amount adequate to perform current programs and administrative support activities necessary to operate the department of children and family services. A report on the implementation of this section shall be presented to the legislature by the office of financial management on or before December 1, 1988.

NEW SECTION. Sec. 11. By July 1, 1989, the governor shall, after consultation with the children's advisory committee, appoint a secretary of children and family services who shall be the administrative head of the department. The secretary shall devote full time to the duties of the office.

NEW SECTION. Sec. 12. The secretary or the secretary's designee shall:

(1) Establish or contract for the use of a variety of facilities and services for identification, evaluation, discipline, rehabilitation, aftercare, treatment, and care of children and youth in need of the department's services;

(2) Administer in a coordinated and integrated manner all institutions and facilities which are or may come under the jurisdiction of the department and may appoint advisory groups for any such institution or facility;

(3) Develop a central case-management system that will provide coordinated information on client progress, including the client's entry and exit from the system throughout the state, and assessment of the client's needs. The case-management system shall also include information which will accurately identify ethnic minorities who use services of the department;

(4) Encourage the development of programs and the establishment of facilities for children and families by public or private agencies and groups;

(5) Enter into cooperative arrangements with public or private agencies outside the state;

(6) Provide, in the secretary's discretion, needed service to any municipality, agency, or person, whether or not the person is committed to the secretary;

(7) Adopt and enforce rules for the internal operation and administration of the department;

(8) Undertake, contract for, or otherwise stimulate research concerning children and youth;

(9) Appoint such professional, technical, and other personnel as may be necessary for the efficient operation of the department;

(10) Coordinate the activities of the department with those of other state departments, municipalities, and private agencies concerned with providing services for children and youth and their families;

(11) Act as administrator of the interstate compact on juveniles when so designated by the governor in accordance with RCW 13.24.020;

(12) Submit to the children's services advisory committee, for its comment, proposals for new policies or programs and the proposed budget for the department; and

(13) Have any and all other powers and duties as are necessary to administer the department and implement the purposes of this chapter.

NEW SECTION. Sec. 13. The secretary, in cooperation with the department directors, shall prepare a proposed budget for the operation of the department to be submitted for the consideration of the governor and the legislature. The department shall be operated within the limitation of the biennial appropriation and any other funds appropriated by the legislature.

NEW SECTION. Sec. 14. The secretary, in cooperation with the advisory council, shall make an annual report to the governor and the legislature on the department's operations and render such other reports as the governor or legislature may request by law.

NEW SECTION. Sec. 15. (1) A juvenile justice advisory committee is established within the department of children and family services. The membership of the committee shall comply with federal law.

(2) The juvenile justice advisory committee shall serve in an advisory capacity as required by federal law. The committee shall establish priorities for the granting of federal juvenile delinquency and delinquency prevention funds. The committee shall submit its recommendations for improvement of the juvenile system, at least annually, to the governor and the legislature.

(3) The advisory committee shall:

(a) Provide analysis of juvenile delinquency problems;

(b) Advise on the development and coordination of juvenile justice programs; and

(4) Members of the advisory committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

Sec. 16. Section 3, chapter 299, Laws of 1981 as last amended by section 8, chapter 288, Laws of 1986 and RCW 13.40.025 are each amended to read as follows:

(1) There is established a juvenile disposition standards commission within the department of children and family services to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

(2) The commission shall be composed of the secretary of children and family services or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

(3) The secretary or the secretary's designee shall serve as chairman of the commission.

(4) The secretary of children and family services shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

(6) The commission shall meet at least once every three months.

Sec. 17. Section 4, chapter 299, Laws of 1981 as amended by section 9, chapter 288, Laws of 1986 and RCW 13.40.027 are each amended to read as follows:

(1) It is the responsibility of the commission to: (a) (i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally and (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion. The committee shall propose modifications to the legislature regarding subsection (1)(a)(ii) of this section by January 1, 1987; (b) solicit the comments and suggestions of the juvenile justice community concerning disposition standards; and (c) develop and propose to the legislature modifications of the disposition standards in accordance with RCW 13.40.030.

(2) It is the responsibility of the department of children and family services to: (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; (b) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c) provide the commission with recommendations for modification of the disposition standards.

Sec. 18. Section 57, chapter 291, Laws of 1977 ex. sess. as last amended by section 1, chapter 73, Laws of 1985 and RCW 13.40.030 are each amended to read as follows:

(1) (a) The juvenile disposition standards commission shall propose to the legislature no later than November 1st of each even-numbered year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards proposed for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards proposed by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing proposed disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

(b) The secretary of children and family services shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each even-numbered year. At the same time the secretary of children and family services shall submit a report on security at juvenile facilities during the preceding two-year period. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department of children and family services shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

(2) If the commission fails to propose disposition standards as provided in this section, the existing standards shall remain in effect and may be adopted by the legislature or referred to the commission for modification as provided in subsection (3) of this section. If the standards are referred for modification, the provisions of subsection (4) shall be applicable.

(3) The legislature may adopt the proposed standards or refer the proposed standards to the commission for modification. If the legislature fails to adopt or refer the proposed standards to the commission by February 15th of the following year, the proposed standards shall take effect without legislative approval on July 1st of that year.

(4) If the legislature refers the proposed standards to the commission for modification on or before February 15th, the commission shall resubmit the proposed modifications to the legislature no later than March 1st. The legislature may adopt or modify the resubmitted proposed standards. If the legislature fails to adopt or modify the resubmitted proposed standards by April 1st, the resubmitted proposed standards shall take effect without legislative approval on July 1st of that year.

(5) In developing and promulgating the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

NEW SECTION. Sec. 19. All reports, documents, surveys, books, records, files, papers or other writings in the possession of the department of social and health services and pertaining to the functions affected by section 2 of this act shall be delivered to the custody of the department of children and family services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the powers and duties transferred by section 2 of this act shall be made available to the department of children and family services in accordance with the plan approved by the legislature. All funds, credits, or other assets held in connection with the functions transferred by section 2 of this act shall be assigned to the department of children and family services.

Any appropriations made to the department of social and health services affected by section 2 of this act, for the purpose of carrying out the powers and duties transferred, shall, on the effective date of this act, be transferred and credited to the department of children and family services for the purpose of carrying out the transferred powers and duties.

Whenever any question arises as to the transfer of any funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred under section 2 of this act, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 20. All employees and personnel of the divisions and bureaus of the department of social and health services transferred by section 2 of this act are transferred to the jurisdiction of the department of children and family services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children and family services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 21. All rules and all pending business before the department of social and health services pertaining to matters transferred by section 2 of this act shall be continued and acted upon by the department of children and family services. All existing contracts and obligations pertaining to the functions transferred by section 2 of this act shall remain in full force and effect and shall be performed by the department of children and family services.

NEW SECTION. Sec. 22. The transfer of powers, duties, functions, and personnel under section 2 of this act does not affect the validity of any act performed by such employee prior to the effective date of this section.

NEW SECTION. Sec. 23. The department of social and health services shall identify all statutory changes necessary to ensure the smooth transfer of powers and responsibilities of all functions provided for in section 2 of this act. The department shall further develop the 1989-91 biennial budget request for the functions provided for in section 2 of this act, which shall include budgetary proposals designed to implement chapter 74.14A RCW. The statutory and budgetary proposals shall be submitted to the appropriate committees of the senate and house of representatives by January 1, 1989.

NEW SECTION. Sec. 24. The department of social and health services shall prepare a report to the children's services advisory committee on the following concepts:

(1) Models for more unified practice and service delivery strategies;

(2) Ways to promote better utilization of case managers;

(3) Ways to promote transfer of service strategies and communication among programs; and

(4) Improved practice strategies that involve entire families.

NEW SECTION. Sec. 25. Sections 1, 2, 3, 5 through 9, and 11 through 15 of this act shall constitute a new chapter in Title 26 RCW.

NEW SECTION. Sec. 26. 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. 27. (1) Sections 1, 4, 10, 11, 23 and 24 of this act are 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.

(2) All other sections of this act shall take effect July 1, 1989.