SENATE BILL REPORT

SHB 2873

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 of February 18, 2020

Title: An act relating to families in conflict.

Brief Description: Concerning families in conflict.

Sponsors: House Committee on Human Services & Early Learning (originally sponsored by Representatives J. Johnson, Frame, Ramel, Callan, Hudgins, Ryu, Davis, Orwall and Pollet).

Brief History: Passed House: 2/13/20, 94-3.

Committee Activity: Human Services, Reentry & Rehabilitation: 2/20/20.

Brief Summary of Bill

  • Provides a modified and expanded definition for family reconciliation services (FRS).

  • Directs the Department of Children, Youth and Families (DCYF), or a community-based entity under contract with DCYF, to offer FRS to families or youth experiencing conflict upon request from the family, subject to the funds appropriated for these services.

  • Specifies that DCYF, or a community-based entity under contract with DYCF, can complete a required family assessment as part of the child in need of services, or an at-risk youth petition.

  • Directs DCYF to provide data on the use of FRS.

SENATE COMMITTEE ON HUMAN SERVICES, REENTRY & REHABILITATION

Staff: Alison Mendiola (786-7488)

Background: Under state law, there are two different type of petitions that can be filed in juvenile court to protect youth and reconcile families in crisis—child in need of services (CHINS) and at-risk youth (ARY). The CHINS petition facilitates out-of-home placement for youth for up to six months while the family tries to address the conflict. A child, social worker or parent can initiate the CHINS petition. The ARY petition is similar to the CHINS, except that only parents can initiate ARY petitions.

At-Risk Youth. When members of a family are experiencing conflict, the parent of a child may file an ARY petition under certain circumstances. An ARY is a juvenile who is absent from home for at least 72 hours without parental consent; who is beyond the control of the parent such that the juvenile's behavior endangers the health, safety, and welfare of the juvenile or another person; or who has a substance use disorder for which there are no pending criminal charges. If a court grants an ARY petition, the court may order the juvenile to reside at home with the parent or to reside in an agreed out-of-home placement.

Child in Need of Services. A CHINS court process allows a child, parent, guardian, or DCYF, to petition the court if the child meets at least one of the following requirements:

The purpose of filing a CHINS petition is to obtain a court order mandating temporary placement of a child, for up to six months, in a residence other than the home of the child's parent or guardian, because a serious conflict exists between the parent and child that cannot be resolved by delivery of services to the family during continued placement of the child in the parental home, and reasonable efforts have been made to prevent the need for removal of the child from the parental home.

Family Reconciliation Services. FRS is a voluntary program serving runaway adolescents and youth in conflict with their families.

DCYF may involve a local multidisciplinary team in its response in determining the services to be provided and in providing those services. Services are to be provided to alleviate situations which present a serious and imminent threat to the health or stability of the child or family and to maintain families intact wherever possible.

FRS are designed to develop skills and supports within families to resolve problems related to ARY, CHINs, or family conflicts. These services may include, but are not limited to, referral to services for suicide prevention, psychiatric or other medical care, or psychological, mental health, drug or alcohol treatment, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family, and training in parenting, conflict management, and dispute resolution skills.

FRS can be accessed through the ARY or CHINS petition process, or directly through self-referral. According to DCYF's April 2019 Families and Youth Crisis Report, in 2017, more than 3000 youth had an FRS intake. Not all of these youth received services; one-quarter of youth with an FRS intake had one or more screened-in CPS report prior to their FRS intake. In 2017, 262 youth—8%, were placed in out-of-home care within nine months of their FRS intake.

Family Assessment. For both an ARY and CHINS petition a family assessment must be completed. For ARY petitions, the assessment must be completed prior to filing the petition. A CHINS petition may be filed before completion of a family assessment under FRS. The family assessment, completed by DCYF, involves the multidisciplinary team if one exists. The family assessment or plan of services developed by the multidisciplinary team is aimed at family reconciliation, reunification, and avoiding out-of-home placement of the child.

Summary of Bill: Family Reconciliation Services. Family reconciliation services (FRS) means culturally relevant and trauma-informed informed services. FRS are designed to assess and stabilize the family with the goal of resolving crises and building supports, skills, and connection to community networks and resources including, but not limited to:

DCYF, or community-based entities under contract with DCYF, must offer FRS to families or youth who are experiencing conflict and need services upon request from the family, subject to the availability of funding appropriated. A community-based entity under contract with DYCF, in addition to DCYF, can complete the required family assessment.

Data Requirements. Beginning December 1, 2020, and annually thereafter, DCYF must make available data on the use of FRS which includes:

If DCYF cannot provide this specified information, DCYF must identify steps necessary to obtain and make the required information available.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.