AN ACT Relating to children and family services; 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 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. 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. 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; and

(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.

NEW SECTION. Sec. 3. 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 committee shall plan an administrative structure for the new department of children and family services. The plan shall be submitted to appropriate legislative committees by December 1, 1988, and shall include the delivery of services currently provided by the divisions specified in section 2 of this act. The plan shall be structured to comply with relevant federal laws.

The advisory committee shall also submit a transition plan by December 1, 1988. The department of social and health services shall provide necessary staff and support to the children's advisory committee.

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 and delivery of services, as recommended by the advisory committee. 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.

NEW SECTION. Sec. 4. 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. 5. 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. 6. 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) Encourage the development of programs and the establishment of facilities for children and families by public or private agencies and groups;

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

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

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

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

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

(9) 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;

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

(11) 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

(12) 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. Sections 1, 2, 5, and 6 of this act shall constitute a new chapter in Title 26 RCW.

NEW SECTION. Sec. 12. (1) Sections 1, 3, 4, and 5 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.