BILL REQ. #:  H-0999.1 

Read first time 01/26/11.   Referred to Committee on Early Learning & Human Services.

     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. In these cases, the parents shall 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 all children with developmental disabilities who are placed out of home shall receive services through a shared parenting placement agreement, except those children with developmental disabilities in foster care because of abuse, neglect, or exploitation.

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) Under the terms of a shared parenting placement agreement, the parent or legal guardian shall retain 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 and the rights and obligations of the parent or legal guardian, including any education and training the parent or legal guardian needs to support the child in home, 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, except that an agreement regarding an Indian child is not valid unless executed in writing before the court and filed with the court as provided in RCW 13.34.245.
     (4) Any party to a shared parenting placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child must be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.
     (5) 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. If the department does not accept the shared parenting placement agreement signed by the parent, a petition may be filed and an action pursued under chapter 13.34 RCW. The department shall inform the parent, guardian, or legal custodian in writing of their right to civil action under chapter 13.34 RCW.

NEW SECTION.  Sec. 4   (1) Under the shared parenting placement agreement, the department shall provide, directly or by contract, out-of-home residential services required for the child's health and safety.
     (2) The child's developmental disability assessment must determine the level and extent of residential and other services, which must be provided in a community setting in the least restrictive environment. After six months in the community setting, the child must be reassessed to determine if the community setting meets the needs of the child.
     (3) If a child would have otherwise been placed at a residential habilitation center for these services, the secretary shall transfer the funding from the institutional budget to the community budget to cover the costs for the child. The average rate for the services provided in the community may not exceed eighty percent of the average daily rate paid for placement in the residential habilitation center.
     (4) If 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 will meet the needs of the child.
     (5) Before the placement is made the department shall notify the local school district that the child is being placed within its jurisdiction.
     (6) Within thirty days of placement, the department shall convene the planning team to develop the individual services and support plan. This plan must be the basis for permanency planning and provide safeguards in the best interests of the child.
     (7) Whenever the parent or legal guardian requests an out-of-home placement under a shared parenting placement agreement, the department shall determine the level of support and services required, the appropriate home and community based waiver on which the child will be placed, and arrange residential services and other services the child may need.
     (8) The department shall license or certify new facilities or programs to serve children under shared parenting placement agreements as needed, and the licensing or certification must be done within thirty days from the date of the determination of need for such a new facility or program.

NEW SECTION.  Sec. 5   (1) Within the first one hundred eighty days of the placement, the department shall obtain a judicial determination pursuant to RCW 13.04.030(1)(j) and 13.34.270 that the placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination under RCW 13.04.030(1)(b) is required. The permanency planning hearings shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
     (2) Nothing in this section prevents the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030.

NEW SECTION.  Sec. 6   The department shall propose rules necessary to implement this chapter.

NEW SECTION.  Sec. 7   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. 8   Sections 1 through 6 of this act constitute a new chapter in Title 71A RCW.