HOUSE BILL REPORT

HB 1645

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.

As Reported by House Committee On:

Human Services & Early Learning

Title: An act relating to certificates of parental improvement.

Brief Description: Concerning certificates of parental improvement.

Sponsors: Representatives Ortiz-Self, Frame, Gregerson, Valdez, Jinkins, Davis, Santos and Morgan.

Brief History:

Committee Activity:

Human Services & Early Learning: 2/12/19, 2/15/19 [DPS], 1/31/20, 2/5/20 [DP2S].

Brief Summary of Second Substitute Bill

  • Requires the Department of Children, Youth, and Families (DCYF) to implement a process where an individual who received a founded finding or court finding of abuse or neglect can petition the DCYF for a certificate of parental improvement (CPI).

  • Prohibits the DCYF from denying or delaying a foster care or child care license or approval for unsupervised access solely because of a founded finding of abuse or neglect or court finding that the individual's child is dependent based on abuse or neglect if that finding is accompanied by a CPI.

  • Prohibits nursing homes and assisted living facilities from automatically denying a prospective volunteer solely based on a founded finding of abuse or neglect or a dependency court finding when that finding is accompanied by a CPI.

HOUSE COMMITTEE ON HUMAN SERVICES & EARLY LEARNING

Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. Signed by 10 members: Representatives Senn, Chair; Callan, Vice Chair; Frame, Vice Chair; Eslick, Assistant Ranking Minority Member; Corry, Goodman, Griffey, Kilduff, Lovick and Ortiz-Self.

Minority Report: Do not pass. Signed by 3 members: Representatives Dent, Ranking Minority Member; McCaslin, Assistant Ranking Minority Member; Klippert.

Staff: Luke Wickham (786-7146).

Background:

The Department of Children, Youth, and Families.

The Department of Children, Youth, and Families (DCYF) was created in 2017 and oversees early learning programs, child welfare services, and juvenile justice programs.

Reports of Child Abuse or Neglect.

If an individual suspects that a child has been abused or neglected, that abuse or neglect can be reported to the DCYF Child Protective Services (CPS) office or to law enforcement. There are many individuals who are required by law to report suspected abuse or neglect.

The CPS will then determine whether the report of child abuse or neglect is credible and whether the report meets the sufficiency screening criteria. If the report meets the screening criteria, the CPS will assign either: (1) a 24-hour response that includes an investigation; or (2) a family assessment response (FAR) for low- to moderate-risk allegations that requires a 72-hour response.

The DCYF, or anyone else, can file a court petition alleging that the child should be a dependent of the state due to abuse, neglect, or because no parent, guardian, or custodian is capable of adequately caring for the child. A court will hold a shelter care hearing following removal of a child from his or her home within 72 hours. At this hearing, the court will determine if the child can return home safely.

If a report of child abuse or neglect is investigated by the DCYF, the DCYF must complete the investigation within at least 90 days, unless law enforcement or the prosecuting attorney has determined that a longer investigation is necessary. At the completion of the investigation, the DCYF must make a finding that the report of child abuse or neglect is founded or unfounded. A "founded" determination means that it is more likely than not that child abuse or neglect did occur. An "unfounded" determination means that available information indicates that, more likely than not, child abuse or neglect did not occur, or that there is insufficient evidence for the DCYF to determine that it did or did not occur.

If a court in a civil or criminal proceeding, considering the same facts as contained in the report investigated by the DCYF, makes a finding by a preponderance of the evidence or higher that the subject of the investigation abused or neglect the child, the DCYF must adopt that finding.

Foster Parent Licensure.

When a child is placed in out-of-home care pursuant to a dependency court process, the child may be placed with relatives or in foster care. Foster parents are licensed by the DCYF to provide 24-hour temporary care to children placed in out-of-home care.

Individuals can apply for a foster parent license directly to the DCYF or through a child-placing agency (CPA). The CPAs are licensed by the DCYF and can certify that an individual meets the foster licensing requirements before the application is sent to the DCYF. The CPAs also provide ongoing case management to foster families.

To receive a foster parent license, an individual must:

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Summary of Second Substitute Bill:

The DCYF must implement a process where an individual who received a founded finding of neglect, maltreatment, or physical abuse, or a court finding that the individual's child was dependent based on abuse or neglect can petition the DCYF for a certificate of parental improvement (CPI).

The DCYF must respond to a request for a CPI within 60 days.

The DCYF may not issue a CPI if:

The DCYF shall consider the following when determining whether to issue a CPI:

A person who is denied a CPI has the right to seek review of the DCYF's denial of this CPI by first asking the DCYF to review the decision, and if the DCYF does not change its decision, the person may request an administrative hearing to review the decision.

The DCYF cannot deny or delay a foster care or child care license or approval or unsupervised access solely because of a founded finding of abuse or neglect or court finding that the individual's child is dependent based on abuse or neglect if that finding is accompanied by a CPI.

The Department of Social and Health Services (DSHS) may not consider founded findings of child abuse or negligent treatment when evaluating an applicant or employee's character if the finding is accompanied by a CPI.

A long-term care worker may not be employed with or have unsupervised access to vulnerable adults if the provider:

Nursing homes and assisted living facilities cannot deny a prospective volunteer solely based on a founded finding of abuse or neglect or a court finding that the individual's child was dependent based on abuse or neglect when that finding is accompanied by a CPI.

Second Substitute Bill Compared to Original Bill:

The substitute bill removes the provision prohibiting school districts, and other kindergarten through twelfth grade education entities from denying a prospective volunteer solely because of a founded finding of abuse or neglect when that is accompanied by a CPI.

The substitute bill requires that the Secretary of the DCYF issue a CPI if, on a more probable than not basis, the requestor has the character, suitability, and competence to care for children and meets the other requirements in the bill.

The substitute bill prohibits the Secretary of the DCYF from issuing a CPI if:

The substitute bill allows the Secretary of the DCYF to enact rules to implement the process for requesting a CPI.

The substitute bill provides that government entities are not liable in tort for acts or omissions in issuing a CPI.

The substitute bill allows individuals requesting a CPI to request that the DCYF review its denial of a certificate request within 45 days of the DCYF placing the notice in the mail.

The substitute bill prohibits assisted living facilities and nursing homes from automatically denying a prospective volunteer or employee solely because of a founded finding of child abuse or neglect accompanied by a CPI without conducting a review to determine the individual's character, suitability, and competency to volunteer with vulnerable adults.

The substitute bill allows the DCYF to adopt rules and investigate convictions when responding to a request for a CPI.

The substitute bill prohibits the DSHS from considering founded findings of child abuse or negligent treatment when evaluating an applicant or employee's character if the finding is accompanied by a CPI.

The substitute bill prohibits a long-term care worker from being employed in the care of and having unsupervised access to vulnerable adults if the provider:

The substitute bill prohibits the DCYF from denying or delaying a license to provide child care and early learning services solely because of a founded finding of physical abuse or negligent treatment when accompanied by a CPI.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Second Substitute Bill: The bill takes effect on January 1, 2021.

Staff Summary of Public Testimony:

(In support) This bill provides a second chance to individuals who have made mistakes. This bill was before the committee last year, and it passed out of the committee unanimously. The DCYF has a mission to treat people equally, and this bill aligns with that mission. This bill will help parents who have turned their lives around. This bill will allow parents who were involved in the child welfare system but corrected their parental deficiencies to care for their relatives if needed. People with lived experience are often in the best position to be involved with families that are impacted by the child welfare system and should not be prohibited from this activity if they have corrected their parental deficiencies. This bill recognizes that findings of neglect and maltreatment should not be a lifetime ban on licensure or unsupervised access to children. Many of the individuals eligible for this certificate were not able to participate in the FAR, as that process is still relatively new. Individuals subject to a founded finding can appeal that decision, but the appeal procedure is time-limited and only deals with the sufficiency of the evidence to substantiate that finding, and not whether that individual has remedied the deficiency. Five years is too long for individuals to wait for eligibility for this process; it should be three years. Child welfare involvement is a race equity issue. There is disproportionate contact with the child welfare system among racial minorities, and this bill would help remedy that problem. A majority of children under the DCYF care live with relatives, and this bill would allow increased placement with relatives.

(Opposed) None.

Persons Testifying: Representative Ortiz-Self, prime sponsor; Karen Monroe; Chris Desmond, Desmond Law Group P.S.; Patrick Dowd, Office of the Family and Children's Ombuds; Mary Fisher, Institute for Family Development; and Laurie Lippold, Partners for Our Children.

Persons Signed In To Testify But Not Testifying: None.