FINAL BILL REPORT

2SSB 5065

                             C 17 L 89 E1

BYSenate Committee on Ways & Means (originally sponsored by Senators Craswell, Smith, Stratton and Bailey)

Creating a citizen review board system for cases involving substitute care of children.

Senate Committee on Children & Family Services and Committee on Ways & Means

House Committe on Human Services

SYNOPSIS AS ENACTED

BACKGROUND:

Washington's substitute care system for children who do not live with their families is dysfunctional for many reasons.  The service system has become out of balance, functioning as a crisis placement system with an insufficient focus on assisting families to avoid the need to remove children, or on reunifying families once a child has been removed.

Children are often in temporary situations for months at a time before the court reviews evidence of abuse or neglect to determine dependency.  If dependency is found, children may spend years in one or many foster homes before any decisions are made about their permanent status.

Parents are allowed only minimal input and visitation during the course of the intervention system and the substitute placement process.

The Department of Social and Health Services may experience a shortfall in the foster care budget during the next biennium.

SUMMARY:

A citizen review panel is established in at least one class 1 or higher county to be administered through the Office of the Administrator of the Courts.

Each board shall be made up of five members appointed by the local juvenile court who are trained and sworn to confidentiality.  The members must meet certain requirements before they can be chosen to serve on the board.

The boards are to conduct periodic reviews regarding the appropriateness of removing a child, the efforts made to heal the family, and the ongoing situation of a child while he or she remains in foster care.

The procedures for a review system are established including a method for dealing with potential conflicts of interest that may arise.

If a child is placed pursuant to parental consent and not a dependency petition, within 45 days from the start of the placement the department shall assign the case to a review board.  The board shall review the case at the following times:  90 days following the start of the placement; six months following the start of the placement; one year following the start of the placement unless the child is no longer in placement.  Each time the board conducts a review of the case, it must prepare written findings and recommendations about its decision.

If a child is placed pursuant to a dependency proceeding, within 45 days from the start of the placement the department must assign the matter to a board.  The board shall review the matter at the following times:  90 days following the start of the placement; six months following the start of the placement; one year following the start of the placement.  Within 18 months following the start of placement, the court must hold a permanency planning hearing.  After the 18 month review, the board and the court shall alternate reviewing the matter every six months until the child is no longer in substitute care, is not within the jurisdiction of the court or an adoption or guardianship decree has been entered.  Each time the board conducts a review of the case, it must prepare written findings and recommendations about its decision.

If the department will not agree to the board's recommendations, a process for court review is created.

A review system is established for dependency cases that were initiated before the effective date of this act.

VOTES ON FINAL PASSAGE:

     Senate   39    8

First Special Session

     Senate   36    6

     House 92  1

EFFECTIVE:August 9, 1989