AN ACT Relating to children; amending RCW 2.56.030, 13.34.130, and 26.44.115; adding a new chapter to Title 13 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature recognizes the importance of permanency and continuity to children and of fairness to parents in the provision of child welfare services. The legislature intends to create an independent monitoring system to periodically review children in substitute care.

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

(1) "Child" means a person within the jurisdiction of the juvenile court under Title 13 RCW.

(2) "Conflict of interest" means that a person appointed to a local citizen review board has a personal or pecuniary interest in a case being reviewed by that board.

(3) "Counselor" means a counselor within the division of juvenile rehabilitation in the department of social and health services.

(4) "Court" means the juvenile court.

(5) "Detention" or "detention facility" means a facility suitable for the safekeeping of a child who is taken into temporary custody pending investigation and disposition where the circumstances are such that the child must be kept in secure custody.

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

(7) "Local citizen review board" means the board under section 5 of this act.

(8) "Mature child" means a child who is able to understand and participate in the decision-making process without excessive anxiety or fear. A child fourteen years old or over shall be rebuttably presumed to be a mature child.

(9) "Records" means any information in written form, pictures, photographs, charts, graphs, recordings, or documents pertaining to a case.

(10) "Resides" or "residence," when used in reference to the residence of a child, means the place where the child is actually living and not the legal residence or domicile of the parent or guardian.

(11) "Shelter care" means temporary physical care in a facility licensed under RCW 74.15.030 or in a home not required to be licensed under that section.

(12) "Substitute care" means an out-of-home placement directly supervised by the department or other agency, including placement in a foster family home, group home, or other institution or facility for the care of children. "Substitute care" does not include care in:

(a) A detention facility, forestry camp, or training school;

(b) A family home which the court has approved as a child's permanent placement, where a private child care agency has been appointed guardian of the child and where the child's care is entirely privately financed; or

(13) "Surrogate" means a person appointed by the court to protect the right of the child to receive procedural safeguards with respect to the provision of free appropriate public education.

NEW SECTION. Sec. 3. Subject to the availability of funds, the supreme court shall:

(1) Establish and approve policies and procedures for the creation and operation of local citizen substitute care review boards;

(2) Approve and cause to have conducted training programs for local citizen review board members;

(3) Provide consultation services on request to local citizen review boards;

(4) Establish reporting procedures to be followed by the local citizen review boards to provide data for the evaluation of this chapter;

(5) Monitor the local citizen review board to ensure the impartiality of reviews and consistency of review standards throughout the state;

(6) Employ staff and provide for support services for the local citizen review boards which shall be provided with staff through the local juvenile court in accordance with guidelines and procedures established by the supreme court;

(7) Direct the administrator for the courts to carry out duties prescribed by the supreme court relating to the administration of this chapter;

(8) Prepare a biennial report to the governor, the legislature, and the public regarding:

(a) State laws, policies, and practices affecting permanence and appropriate care for children in the custody of the department and other agencies;

(b) Whether local citizen review boards are effective in bringing about permanence and appropriate care for children in the custody of the department and other agencies;

(9) Adopt rules regarding:

(a) Removal of members of local citizen review boards for good cause. Good cause shall not include the fact that potential panel members had a child of their own, or one which was under their control, under the care of the division of children and family services;

(b) The time, content, and manner in which case plans and case progress reports shall be provided by the department or other agency or individual directly responsible for the care of the child to the local citizen review board. These rules may require that such information be provided in shorter time periods than those contained in statute;

(c) Procedures for providing written notice of the review to the department, any other agency directly responsible for the care or placement of the child, the parents or their attorneys, foster parents, surrogate parents, mature children or their attorneys, the court-appointed attorney or guardian ad litem of any child, any prosecuting attorney or attorney general actively involved in the case, and other interested persons. The notice shall include advice that persons receiving a notice may participate in the hearing and be accompanied by a representative;

(d) Procedures for securing or excusing the presence at the review of caseworkers and other employees of the department or other agencies directly responsible for the care of the child.

NEW SECTION. Sec. 4. At least one local citizen review board shall be created in each county with a population of five thousand or over, except that the two or more contiguous counties, each with a population of fewer than one hundred thousand may have joint local citizen review boards. Each local citizen review board shall be composed of three or five members appointed by the juvenile court. The court shall create additional local citizen review boards when the number of cases requiring review by existing boards exceeds one hundred for each local board.

NEW SECTION. Sec. 5. Each local citizen review board shall be appointed according to the following guidelines:

(1) As far as practicable, members of each local citizen review board shall represent the various socioeconomic and ethnic groups of the area served. In any case in which an Indian child as defined in the Indian child welfare act, 25 U.S.C. 1901 et seq. is assigned to a review panel, the composition of the panel shall be approved by the local Indian child welfare advisory committee or the local Indian child welfare advisory committee may serve as a local citizen review panel, if so authorized by the juvenile court.

(2) No person employed by a juvenile court, by the department, or by any private agency licensed or contracted by the department to provide services for clients of the division of children and family services may serve on any local citizen review board.

(3) No person who has had a child of his or her own, or one under his or her control, under the care of the division of children and family services within the last two years except foster parents may serve on any local citizen review board.

(4) All local citizen review board members shall serve a term of two years, except that if a vacancy occurs, a successor shall be appointed to serve the unexpired term. The term of each member shall expire on December 31 of the appropriate year. The terms of the initial members shall be staggered. Members may be reappointed and shall continue to serve until a successor is appointed.

(5) Pursuant to rules established by the supreme court, local citizen review board members may be removed for nonparticipation or for other cause.

(6) Each local citizen review board shall elect annually from its membership a chair and vice-chair to serve in the absence of the chair.

(7) Each local citizen review board shall meet at the nearest office of the department or another place mutually agreed to by a majority of the board as often as it considers necessary to carry out the duties of the board.

(8) Members of local citizen review boards shall be domiciled within the counties of the appointing courts.

NEW SECTION. Sec. 6. Prior to reviewing cases, all persons appointed to serve as local citizen review board members shall participate in a training program established and approved by the supreme court.

NEW SECTION. Sec. 7. (1) Before beginning to serve on a local citizen review board, each member shall swear or affirm to the court that the member shall keep confidential the information reviewed by the board and its actions and recommendations in individual cases.

(2) A member of a local citizen review board who violates the duty imposed by subsection (1) of this section is subject to dismissal from the board.

NEW SECTION. Sec. 8. Within ten days of entry of the order of disposition, or thirty days of placement in shelter care or substitute care, whichever comes first, the court shall assign the case of each child in substitute care to a local citizen review board and forward to the board a copy of the petition and the order of disposition for each child who has been found to be within the jurisdiction of the court and who has been placed in substitute care.

NEW SECTION. Sec. 9. (1) Each local citizen review board shall have access to:

(a) Any records of the court which are pertinent to the case; and

(b) Any records of the department that would be admissible in a dispositional review hearing, including school records and reports of private service providers contained in the records of the department or other agency.

(2) All requested records not already before the local citizen review board shall be submitted by the department within ten working days after receipt of the request. Copies may be sent in lieu of originals. All records and copies must be returned to the department within seven working days after completion of the review.

(3) If a local citizen review board is denied access to requested records, it may request a court hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section.

NEW SECTION. Sec. 10. (1) The local citizen review board shall review the case of each child in substitute care which is assigned by the court or is referred by the department as a result of care arrangements resulting from written parental consent. The review shall take place at times set by the board, the first review to be no more than one hundred eighty days after the child is removed from the home, unless the parents request an earlier review as provided for in accordance with this section. Subsequent reviews to take place no less frequently than once every six months thereafter until the child is no longer within the jurisdiction of the court or no longer in substitute care or until a guardianship or an adoption proceeding becomes final. Parents may request one expedited review at least thirty days after the child is removed from the home and within the first one hundred eighty days after removal. As soon as practical but no later than forty-five days after the denial, the board shall review any case where a petition to terminate parental rights has been denied.

(2) After reviewing each case, the local citizen review board shall prepare written findings and recommendations with respect to:

(a) Whether reasonable efforts were made before the placement, including whether the child could have been placed with relatives, to prevent or eliminate the need for removal of the child from the home, and to make it possible for the child to be returned home;

(b) The continuing need for and appropriateness of the placement;

(d) The progress which has been made toward alleviating the need for placement;

(e) A likely date by which the child may be returned home or placed for adoption;

(f) Other problems, solutions, or alternatives the board determines should be explored; and

(g) Whether the court should appoint an attorney or other person to represent or appear on behalf of the child under section 13 of this act.

(3) Whenever a member of a local citizen review board has a potential conflict of interest in a case being reviewed, the member shall declare to the local citizen review board the nature of the potential conflict prior to participating in the case review. The declaration of the member shall be recorded in the official records of the board. If, in the judgment of the majority of the local board, the potential conflict of interest may prevent the member from fairly and objectively reviewing the case, the local board may remove the member from participation in the review.

(4) The local citizen review board shall keep accurate records and retain these records on file. The local citizen review board shall send copies of its written findings and recommendations to the court, the department, and other participants in the review.

(5) The local citizen review board may hold joint or separate reviews for groups of siblings.

(6) The local citizen review board may disclose to parents and their attorneys, mature children and their attorneys, or other attorneys or guardians ad litem appointed to represent children, the department or other social agencies responsible for custody and/or supervision of a child in substitute care. Before participating in a local citizen review board case review, each participant shall swear or affirm to the board that the participant shall keep confidential the information disclosed by the board in the case review and to disclose it only as authorized by law.

(7) Anyone participating in a case review by a local citizen review board shall have immunity from any liability, civil or criminal, for defamation for statements made in good faith by the participant, orally or in writing, in the course of such case review. Members of the local citizen review board shall not be held liable in any civil action for recommending that a child be returned home, if the recommendation was made in good faith under this chapter. The participant shall have the same immunity with respect to participating in any judicial proceeding resulting from the review or recommendation of a local board to the juvenile court.

NEW SECTION. Sec. 11. (1) Unless excused from doing so by the local citizen review board, the department and any other agency directly responsible for the care and placement of the child shall require the presence of any employees having knowledge of the case at local board meetings.

(2) The court is not required to review the findings and recommendations of the local citizen review board in cases where the child has been placed in substitute care with signed parental consent and no court action has been filed unless the child is taken into custody pursuant to RCW 13.34.050 or 26.44.050.

(3) The local citizen review board may require the presence of specific employees of the department or applicable agency at local board meetings. If an employee fails to be present at such a meeting, the local review board may request a court hearing. The court may require the employee to be present and show cause why the employee should not be compelled to appear before the local citizen review board.

(4) As used in this section, "presence" includes telephone participation, but the caseworker on the case at the time of the meeting shall be physically present if required.

NEW SECTION. Sec. 12. In addition to reviewing individual cases of children in substitute care, local citizen review boards may make recommendations to the court and the department concerning substitute care services, policies, procedures, and laws.

NEW SECTION. Sec. 13. (1) The court shall review the findings and recommendations of the local citizen review board within ten days after the findings and recommendations are received by the court. If the court finds it appropriate, the court may on its own motion schedule a review hearing. The findings and recommendations of the local citizen review board shall become part of the juvenile court file.

(2) The department shall review the findings and recommendations of the local citizen review board within ten days after the findings and recommendations are received by the department. The department may file a motion for a review hearing on the findings and recommendations of the review board. The recommendations shall be implemented unless there are inadequate resources to carry out the plan or unless good cause exists not to follow the findings of the local citizen review board. The findings and recommendations of the local citizen review board shall become part of the case file of the department. In cases where the child is in substitute care with parental consent as defined in subsection (2) of this section the department shall notify the local citizen review board if the department modifies the case plan recommended by the board.

(3) Upon its own motion or upon the request of the department, the local citizen review board or any interested party, the court may appoint an attorney or other person to represent or appear on behalf of the child. The guardian ad litem shall be appointed under chapter 13.34 RCW and shall perform duties under that chapter subject to the direction of the court, including periodic visits to the child in a substitute care setting for the purpose of monitoring the child's health, safety, and conditions of minimal nurture.

(4) The hearing shall be conducted in the manner provided by law for hearings involving juveniles, except that the court may receive testimony and reports as provided by law.

NEW SECTION. Sec. 14. (1) The state citizen review board operating account is created in the state treasury for the administrator for the courts to pay the expenses incurred under this chapter. Such expenses shall be paid only from funds specifically appropriated for the purposes of this chapter and no other moneys appropriated to the administrator for the courts shall be used for these purposes.

(2) The administrator for the courts may apply for and receive funds from federal, local, and private sources for carrying out the purposes of this chapter. Such funds shall be credited to the state citizen review board operating account.

NEW SECTION. Sec. 15. (1) Any public or private agency having legal custody and/or supervision, excluding those children for whom a plan of guardianship has been finalized by the court, shall file reports on the child with the juvenile court which entered the original order concerning the child or, where no such order exists, with the juvenile court of the county of the child's residence in the following circumstances:

(a) Where the child has been placed with the agency as a result of a court order and prior to, or as soon as practicable after the agency places the child in any placement including, but not limited to, the child's home, shelter care, or substitute care, unless the court has previously received a report or treatment plan indicating the actual physical placement of the child;

(b) Where the child has been placed with the agency as the result of a court order and remains under agency care for six consecutive months except for a child who has been committed to a state juvenile correctional facility; or

(c) Where the child has been surrendered for adoption or the parents' rights have been terminated and the agency has not physically placed the child for adoption or initiated adoption proceedings within six months of receiving the child.

(2) The department shall refer all written consents for voluntary placement of children to the juvenile court for referral to the local citizen review board within ten days of the signing of the consent.

(3) The reports required by subsection (1) (b) and (c) of this section shall be filed by the agency within thirty days of the initial placement and no less frequently than each six months thereafter. The agency shall file reports more frequently if the court so orders.

(4) The reports shall include, but not be limited to:

(a) A description of the problems or offenses which necessitated the placement of the child with the agency;

(b) A description of the type and an analysis of the effectiveness of the care, treatment, and supervision that the agency has provided for the child, together with a list of all placements made since the child has been in the guardianship or legal custody of an agency and the length of time the child has spent in each placement;

(c) A description of agency efforts to return the child to the parental home or find permanent placement for the child, including, where applicable, efforts to assist the parents in remedying factors which contributed to the removal of the child from the home;

(d) A proposed treatment plan or proposed continuation or modification of an existing treatment plan, including, where applicable, terms of visitation to be allowed and expected of parents and a description of efforts expected of the child and the parents to remedy factors which have prevented the return of the child to the parental home; and

(e) If continued substitute care is recommended, a proposed timetable for the child's return home or other permanent placement or a justification of why extended substitute care is necessary.

(5) Notwithstanding the requirements of subsection (4) of this section, reports following the initial report need not contain information contained in prior reports.

(6) Upon receiving any report required by this section, the court may hold a hearing to review the child's condition and circumstances and a determination by the court that clearly states the future status of the child and agreement or disagreement with the permanent planning goal recommended by the department. The court shall hold a hearing:

(a) In all cases under subsection (1)(c) of this section where the parents' rights have been terminated; or

(b) If requested by the child, the attorney for the child, if any, the parents, or the public or private agency having legal custody of the child within thirty days of receipt of the notice provided in subsection (8) of this section.

(7) The hearing provided in subsection (6) of this section shall be conducted in the manner provided by chapter 13.34 RCW, except that the court may receive testimony and reports as provided by statute. At the conclusion of the hearing, the court shall enter findings of fact if the decision is to continue the child in substitute care. Such findings shall specifically state:

(a) Why continued care is necessary as opposed to returning the child to the child's home or prompt action to secure another permanent placement; or

(b) The expected timetable for return or other permanent placement.

(8) Except where a child has been surrendered for adoption or the parents' rights have been terminated, the court shall send a copy of the report required by this section to the parents of the child and shall notify the parents either that a hearing will be held or that the parents may request a hearing at which time they may ask for modifications in the care, treatment, and supervision of the child. If the court finds that informing the parents of the identity and location of the foster parents of the child is not in the child's best interest, the court may order such information deleted from the report before sending the report to the parents.

(9) Where a child has been surrendered for adoption and the agency has not physically placed the child for adoption or initiated adoption proceedings within six months of receiving the child, the agency shall file a petition alleging that the child comes within the jurisdiction of the court.

(10) Any decision of the court made pursuant to the hearing provided in subsection (6) of this section shall be a final order for the purposes of this title.

Sec. 16. Section 3, chapter 259, Laws of 1957 as last amended by section 6, chapter 363, Laws of 1987 and RCW 2.56.030 are each amended to read as follows:

The administrator for the courts shall, under the supervision and direction of chief justice:

(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;

(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;

(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;

(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;

(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;

(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;

(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;

(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;

(9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;

(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;

(11) Administer programs and standards for the training and education of judicial personnel;

(12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature by January 1, 1989. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective; ((~~and~~))

(13) Coordinate and administer the local citizen substitute care review board program under sections 1 through 15 of this 1988 act; and

(14) Attend to such other matters as may be assigned by the supreme court of this state.

Sec. 17. Section 4, chapter 188, Laws of 1984 and RCW 13.34.130 are each amended to read as follows:

If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

(1) The court shall order one of the following dispositions of the case:

(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Such an order may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home and that:

(i) There is no parent or guardian available to care for such child;

(ii) The child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian;

(iii) The parent, guardian, or legal custodian is not willing to take custody of the child;

(iv) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home; or

(v) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

(2) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties.

(a) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody and what requirements the parents must meet in order to resume custody.

(b) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement.

(c) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(d) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

(3) The status of all children found to be dependent shall be reviewed by the court at least ((~~every six months~~)) annually at a hearing in which it shall be determined whether court supervision should continue. The court may review the status more frequently at the request of the local citizen review board, the department or other agency supervising the out-of-home placement of the child, the child's parents, a child's attorney or guardian ad litem.

(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

(b) If the child is not returned home, the court shall direct the local citizen review board to review the status of the child and the court shall establish in writing:

(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion including a brief description of the efforts and a statement about why further efforts would not have prevented or shortened the separation of the family. However, reasonable efforts shall be deemed to have been made if first contact with the child was during an emergency where the child was in jeopardy;

(ii) The extent to which the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

(iii) Whether the agency is satisfied with the cooperation given to it by the parents;

(iv) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered; and

(v) When return of the child can be expected.

(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

Sec. 18. Section 4, chapter 183, Laws of 1985 and RCW 26.44.115 are each amended to read as follows:

If a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050, the child protective services worker shall take reasonable steps to advise the parents immediately, regardless of the time of day, that the child has been taken into custody, the reasons why the child was taken into custody, and general information about the child's placement. Notice of the substitute care review board process under chapter 13.-- RCW (sections 1 through 15 of this 1988 act) and the parents' rights under that process shall be provided to the parents within seventy-two hours after the child is removed from the home. Notice may be given by any means reasonably certain of notifying the parents, including but not limited to, written, telephonic, or in-person oral notification. If the initial notification is provided by a means other than writing, the information shall also be provided to the parent in writing as soon thereafter as possible.

NEW SECTION. Sec. 19. This act shall be implemented only if specific funding, referring to this act by bill number, is provided in the omnibus appropriations act. If such specific funding is not provided by June 30, 1989, this act shall be null and void.

NEW SECTION. Sec. 20. Sections 1 through 15 of this act shall constitute a new chapter in Title 13 RCW.

NEW SECTION. Sec. 21. 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.