FINAL BILL REPORT

2SSB 6537

                              C 284 L 90

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

Providing for foster care reform and making appropriations.

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

House Committe on Human Services

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

Many open cases pertaining to the termination of parental rights currently exist.  These cases remain open due to an insufficient number of attorneys general and public defenders. 

A review hearing is held six months after a child has been found to be dependent and a disposition order has been entered by the court.  At that time a judge can order a petition for termination of parental rights be filed.

Six allegations must be established by clear, cogent, and convincing evidence before a judge will order that parental rights be terminated.  One of the allegations that must be established is that the child has been removed from the custody of the parent for at least six months.  Establishment of this allegation may be waived by the court if the other five allegations are proven beyond a reasonable doubt.

There have been disturbing reports from parents whose children were removed from their homes by Department of Social and Health Services' Child Protective Services workers.  The parents report that they were provided almost no information on the status of their children or how to proceed to regain custody.  Most children removed from their homes are placed in foster care.

The Governor established a Task Force on Foster Care to review the foster care delivery system and department policies.  The report included 20 recommendations regarding the foster care delivery system.

The United States Congress published a report by the United States General Accounting Office, "Foster Parents Recruiting and Preservice Training Practices Need Evaluation," that has many recommendations concerning training, teamwork, reimbursement rates, respite care, and recruitment.

Experts believe foster parents should be assisted in developing their ability to care for more difficult children with emotional and physical handicaps.

Experts also believe preservice and continuing training of foster parents is key to creating a stable and high quality foster care system.  Quality assurance can also be enhanced through an on-site monitoring program which is designed to identify problems and obstacles to better care.

SUMMARY:

After the dependency of a child has been established, the court will hold a disposition hearing and may require that a petition for termination of parental rights be filed, if it is recommended by the supervising agency and is in the best interests of the child.  The court must find that aggravated circumstances exist and is provided with a list of conditions to consider in making that determination.  At the disposition hearing, the agency charged with the child's care is required to provide the court with a permanent plan of care which may include adoption, guardianship, return of the child to the home of the parents, or placement in the home of a relative or in foster care with a long-term, written agreement.

At the disposition hearing, the judge need not consider whether the child is willing to reside in the custody of the child's parent, guardian, or legal custodian in determining the need for an out-of-home placement. 

At the hearing regarding the issue of termination of parental rights, a court may waive the need to prove reasonable services were provided to correct the parental deficiencies.  The court may waive this only if the four other allegations described in the statute are established beyond a reasonable doubt.  The court is provided with a list of conditions for which this waiver may be appropriate.

Any notice of appeal or notice for discretionary review, related to a proceeding concerning dependency of a child or termination of a parent and child relationship, must be signed by the person seeking the review or the person's guardian-ad-litem.  A sworn, written declaration by the person's attorney stating that the person has requested the attorney to file the notice and pursue appellate review is also acceptable.

The Department of Social and Health Services (DSHS) is required to offer mandatory preservice training for licensed foster parent applicants.  DSHS must monitor a minimum of 10 percent of licensed family foster homes.

DSHS shall contract for a comprehensive evaluation of protective services, child welfare services, and foster care programs on an ongoing basis.  DSHS is to develop a respite care program for foster parents who care for special needs children.

Whenever a child is placed in out-of-home care by DSHS or by an agency, DSHS and the agency may share information about the child with the care provider.  Confidentiality provisions are included.

To provide stability for the child, DSHS is instructed, within certain limitations, to consider the initial placement of the child as the only placement.  To minimize disruption, DSHS must, within certain limitations, notify the foster family at least five days prior to the planned removal of the child from the foster home.

Additional training must be offered to foster parents who are willing to care for children with emotional, mental or physical handicaps.

DSHS is required to consider the wishes of the natural parent regarding family constellation, ethnicity and religion when placing a child in foster care.

DSHS is required to hire an administrator for a statewide recruitment program for foster care and adoptive homes.  Expansion of the foster adopt program is mandated statewide.  DSHS is required to assist foster and adoptive agencies with printing of materials.  A report to the Legislature on why foster parents leave the program is required by December 1991.

DSHS is required to establish a statewide program to manage health services for children in foster care.  This program is to include strategies for reimbursement using prospective payment or capitation methods.

Liability settlements or judgments against foster parents are included within the state treasury liability account.

If appropriate, foster parents may be involved in the reunification of the child with his or her family.

The section requiring a comprehensive evaluation of child protective services, child welfare services and foster care programs does not take effect due to lack of funding in the operating budget.  In addition, the managed health program and liability settlement sections are null and void because no funds were provided in the operating budget.

VOTES ON FINAL PASSAGE:

     Senate   48    0

     House 97  0 (House amended)

     Senate          (Senate refused to concur)

Free Conference Committee

     House 94  0

     Senate   46    0

EFFECTIVE:July 1, 1990