Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Early Learning & Human Services Committee

HB 1825

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Limits the criminal conduct that is part of a child abuse and neglect allegation and prevents a parent from receiving family assessment response services.
Extends the time for a family to receive family assessment response services from 45 days to 90 days with the ability to extend those services.
Removes the requirement that parents sign an agreement before receiving family assessment response services.

Background:

Family Assessment Response.

Legislation was enacted in 2012 requiring the Department of Social and Health Services (DSHS) to implement a differential response system for responding to allegations of child abuse and neglect with low to moderate risk of child maltreatment called family assessment response (FAR). On receiving a report of child abuse or neglect that screens in for a response, the DSHS must either refer the case for investigation or for a FAR. The DSHS has a method by which to assign cases to investigation or FAR. Cases must be referred for investigation when the assessment determines that there is a risk of imminent harm to the child, a serious threat of substantial harm to the child, the conduct constitutes criminal activity, the child is abandoned, the child is dependent, or in a facility licensed by the DSHS or the Department of Early Learning.

The DSHS must complete FAR services within 45 days of receiving the child abuse and neglect report, and parents may agree to extend the response period up to 90 days. Parents must sign an agreement to participate in FAR services before services begin.

Federal Disqualifying Crimes for Serving Foster Youth.

Federal law includes requirements that states complete criminal records checks for prospective or adoptive parents and indicates certain crimes that would disqualify an individual from caring for a foster youth or pursuing adoption. The crimes that would permanently disqualify a prospective foster parent or adoptive parent including felony convictions of:

child abuse or neglect;
crimes against children; and
crimes involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.

The crimes that disqualify an individual for five years after commission including felony convictions of:

physical assault or battery; and
drug-related offenses.

Summary of Bill:

Child abuse and neglect allegations that constitute criminal offenses that require an investigation rather than a FAR is limited to offenses within the categories of federal disqualifying crimes for purposes of prospective foster parents and adoptive parents. The FAR timeframe is extended from 45 to 90 days, and the response period may be extended for services essential to reducing risk of harm to the child and improving or restoring family well-being. Parents or guardians are no longer required to sign an agreement to receive FAR services but must agree to those services.