BILL REQ. #:  H-1887.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to shared parenting and out-of-home placement program; adding a new chapter to Title 71A RCW; and repealing RCW 74.13.350.

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

NEW SECTION.  Sec. 1   The legislature recognizes that parents are responsible for the care and support of their children with developmental disabilities. The legislature also recognizes that, in some cases, the intense support required to care for a child with developmental disabilities may cause undue caregiver stress and burnout, causing the family to request an out-of-home placement.
     It is the intent of the legislature that, when the sole reason for the out-of-home placement is the child's developmental disability, such services be offered by the department to these children and their families through a shared parenting placement agreement, under which the parents retain legal custody of the child.
     The legislature intends that out-of-home services assisting children with disabilities and their families should be available in the most integrated setting appropriate to individual needs, consistent with the mandate of the Americans with disabilities act and the regulations adopted thereto, as interpreted by the United States supreme court in Olmstead v. L.C., 527 U.S. 581 (1999).
     It is the intent of the legislature that if a child with developmental disabilities is placed out of his or her family home, the placement be accomplished through the use of a shared parenting placement agreement, unless the child is in foster care under chapter 13.34 or 26.44 RCW.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Child" means a person age twenty-one years or younger who has intellectual or developmental disabilities and is eligible for services under Title 71A RCW.
     (2) "Department" means the department of social and health services.
     (3) "Developmental disability assessment" means an annual assessment administered to clients of the department who are eligible and receiving services under Title 71A RCW.
     (4) "Out-of-home placement" and "out-of-home care" means the placement of a child in a foster family home or group care facility licensed under chapter 74.15 RCW, a certified resident program under Title 71A RCW, or a residential habilitation center.
     (5) "Shared parenting placement agreement" means a written agreement between a child's parent or legal guardian and the department authorizing the department to place the child in a licensed or certified facility or program.

NEW SECTION.  Sec. 3   (1) The department may undertake a shared parenting placement agreement in cases where the child's developmental 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. Under the terms of a shared parenting placement agreement, the parent or legal guardian retains legal custody of the child. The parent or legal guardian shall share parenting responsibilities as outlined in the shared parenting placement agreement.
     (2) The shared parenting placement agreement must, at a minimum, specify the legal status of the child, the rights and obligations of the parent or legal guardian, and the rights and obligations of the department while the child is in placement.
     (3) The agreement must be signed by the child's parent or legal guardian and the department in order to take effect. Any party to a shared parenting placement agreement may terminate the agreement at any time.

NEW SECTION.  Sec. 4   (1) To the extent of available funding, out-of-home placements must be accomplished through the use of a shared parenting placement agreement that describes the out-of-home residential services that provide for the child's health and safety.
     (2) If, during the time that a shared parenting placement agreement is in place, a child is transferred from a least restrictive environment to a more restrictive environment, a planning team, within ten days of placement, shall develop a transition plan to a less restrictive environment that meets the needs of the child.
     (3) Before the placement is made the department shall notify the local school district that the child is being placed within its jurisdiction.

NEW SECTION.  Sec. 5   The department shall adopt rules necessary to implement this chapter.

NEW SECTION.  Sec. 6   RCW 74.13.350 (Children with developmental disabilities -- Out-of-home placement -- Voluntary placement agreement) and 2004 c 183 s 4, 1998 c 229 s 1, & 1997 c 386 s 16 are each repealed.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act constitute a new chapter in Title 71A RCW.