1608-S.E AAS 4/19/91

 

 

 

ESHB 1608 - S COMM AMD

By Committee on Children & Family Services

 

                                            Adopted as Amended 4/19/91 - Voice Vote

 

     Strike everything after the enacting clause and insert the following:

 

     "NEW SECTION.  Sec. 1.     The department of social and health services shall conduct an assessment of the children in its care to determine the appropriate level of residential and treatment services required by these children.  Prior to performing the assessment, the department shall, in conjunction with the private sector, develop a comprehensive, multidisciplinary diagnostic/assessment tool to be used in conducting the assessment.  Any such assessment shall be based on a statistically valid sample of all children in the department's care.  The department shall report the results of the assessment to the appropriate standing committees of the legislature by September 15, 1992.  The department shall submit recommendations to the appropriate standing committees of the legislature on reallocating funds for children's services by December 1, 1992."

 

     "NEW SECTION.  Sec. 2.  A new section is added to chapter 74.13 RCW to read as follows:

     The department of social and health services may implement a therapeutic family home program for up to fifteen youth in the custody of the department under chapter 13.34 RCW.  The program shall strive to develop and maintain a mutually reinforcing relationship between the youth and the therapeutic staff associated with the program."

 

     "NEW SECTION.  Sec. 3.     The legislature finds that a destructive lifestyle of drug and street gang activity is rapidly becoming prevalent among some of the state's youths.  Gang and drug activity may be a culturally influenced phenomenon which the legislature intends public and private agencies to consider and address in prevention and treatment programs.  Gang and drug-involved youths are more likely to become addicted to drugs or alcohol, live in poverty, experience high unemployment, be incarcerated, and die of violence than other youths."

 

     "NEW SECTION.  Sec. 4.  A new section is added to chapter 13.40 RCW to read as follows:

     (1) The department of social and health services may contract with a community-based nonprofit organization to establish a three-step transitional treatment program for gang and drug-involved juvenile offenders committed to the custody of the department under chapter 13.40 RCW.  Any such program shall provide six to twenty-four months of treatment.  The program shall emphasize the principles of self-determination, unity, collective work and responsibility, cooperative economics, and creativity.  The program shall be culturally relevant and appropriate and shall include:

     (a) A culturally relevant and appropriate institution-based program that provides comprehensive drug and alcohol services, individual and family counseling, and a wilderness experience of constructive group living, rigorous physical exercise, and academic studies;

     (b) A culturally relevant and appropriate community-based structured group living program that focuses on individual goals, positive community involvement, coordinated drug and alcohol treatment, coordinated individual and family counseling, academic and vocational training, and employment in apprenticeship, internship, and entrepreneurial programs; and

     (c) A culturally relevant and appropriate transitional group living program that provides support services, academic services, and coordinated individual and family counseling. 

     (2) Participation in any such program shall be on a voluntary basis.

     (3) The department shall adopt rules as necessary to implement any such program."

 

     "NEW SECTION.  Sec. 5.           (1) The department of social and health services may contract with an independent research organization to conduct an evaluation of any program that is established under section 4 of this act.  The evaluation shall include an analysis of the race and ethnicity of juvenile offenders served, the offenses for which the youths were committed, the services provided, the effects of the program on educational and vocational achievement, and the rate of recidivism for these youth.

     (2) Any organization selected shall provide a preliminary report on the program to appropriate standing committees of the senate and house of representatives by September 15, 1992.  Any final report shall be submitted to appropriate standing committees of the senate and house of representatives by January 15, 1993."

 

     "Sec. 6.  RCW 13.34.030 and 1988 c 176 s 901 are each amended to read as follows:

     For purposes of this chapter:

     (1) "Child" and "juvenile" means any individual under the age of eighteen years;

     (2) "Dependent child" means any child:

     (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has evidenced either by statement or conduct, a settled intent to forego, for an extended period, all parental rights or all parental responsibilities despite an ability to do so;

     (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

     (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or

     (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home.  However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.

     (3) "Permanency planning" means the process by which a child is diagnostically assessed and provided treatment services based on his or her unique individual and developmental needs to facilitate the attainment of successful maturity as an adult.  Permanency planning should occur in the least restrictive setting appropriate and available and with minimum placement disruption.

     (4) "Transitional living programs" means programs that provide shelter and services designed to promote transition to self-sufficient living, development of independent living skills, and to minimize the incidence of long-term dependency on social services."

 

     "NEW SECTION.  Sec. 7.     Out-of-home placement services become necessary whenever voluntary or court-ordered out-of-home placement of a child is imminent or has already occurred.  In striving to meet the objective of permanency for every child, a continuum of services must encompass the full range of possible alternatives.  A variety of services are available to prevent out-of-home placement or address the needs of the child and family when out-of-home placement becomes necessary, however, the continuum of care is severely lacking in providing transitional living services for older youth."

 

     "NEW SECTION.  Sec. 8.  A new section is added to chapter 13.34 RCW to read as follows:

     The department of social and health services shall contract, using the request for proposal process, with independent qualified agencies to provide transitional living services to minors.

     Persons sixteen to eighteen years old or sixteen years old until emancipation are eligible for transitional living services.  The population eligible for transitional living services are those for whom returning to their parents' or guardians' home is not possible and for whom foster care or adoption is not likely or appropriate.  An assessment shall be done of each minor, including the minor's family situation, before receiving transitional living services.  The assessment shall include input from the agency that would be providing the transitional living services to the minor, the agency currently providing services to the minor, and the caseworker for the minor.  The assessment shall seek to determine whether the most appropriate plan for the minor is preparation for emancipation.  The assessment shall also determine whether the minor is motivated to participate in a transitional living program that requires significant commitment from the minor.  A primary goal of transitional living services shall be the acquisition by the youth of basic educational and/or vocational skills that are compatible with the individual's treatment plan.  If a youth demonstrates a consistent unwillingness to participate in the acquisition of such skills, a reassessment shall be done of the youth's appropriateness for the program."

 

     "NEW SECTION.  Sec. 9.  A new section is added to chapter 13.34 RCW to read as follows:

     Transitional living services should be tailored to meet the needs of the particular minor.  A transitional living program should include, but is not limited to, the following:

     (1) Educational services, including basic literacy and computational skills training, either in local alternative or public high schools or in a high school equivalency program that leads to obtaining a high school equivalency degree;

     (2) Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search assistance, and placement programs;

     (3) Health services including pre and post-natal care;

     (4) Counseling and instruction in life skills such as money management, home management, consumer skills, parenting, health care, access to community resources, and transportation and housing options;

     (5) Individual and group counseling with emphasis on issues of avoiding abuse, sexual abuse, prostitution, drug and alcohol abuse, depression, motivation, self-esteem, and interpersonal and social skills training and development;

     (6) Recognizing and facilitating long-term relationships with significant adults; and

     (7) Establishing networks with federal agencies and state and local organizations such as the department of labor, employment and training administration programs including the job training partnership act which administers private industry councils and the job corps; vocational rehabilitation; and volunteer programs."

 

     "NEW SECTION.  Sec. 10.    If specific funding for the purposes of sections 6 through 9 of this act, referencing this act by bill and section number, is not provided by June 30, 1991, in the omnibus appropriations act, sections 6 through 9 of this act shall be null and void."

 

     "NEW SECTION.  Sec. 11.    It is the intent of the legislature to provide timely, thorough, and fair procedures for resolution of grievances of clients, foster parents, and the community resulting from decisions made by the department of social and health services.  Grievances should be resolved at the lowest level possible, however, all levels of the department should be held accountable and responsible to individuals who are experiencing difficulties with their services or decisions."

 

     "NEW SECTION.  Sec. 12.  A new section is added to chapter 74.13 RCW to read as follows:

     The department shall develop and implement, by July 1, 1991, a formal complaint resolution process to be used by clients of the department, individual complainants, and foster parents who have complaints regarding a policy of a division of the department or procedure or the application of a division policy or procedure.

     After a complainant initiates the complaint resolution process, jurisdiction shall continue for thirty days unless an extension is agreed to by the complainant.  After thirty days, if no extension has been agreed to, the complainant may file an application for an adjudicative proceeding under chapter 34.05 RCW.

     The department shall develop procedures to assure that clients of the department and foster parents are informed of the availability of the complaint resolution process and how to access it.  The department shall incorporate information regarding the complaint resolution process into the training for foster parents and caseworkers.

     Any client of the department, individual complainant, or foster parent who uses the department's complaint resolution process and who is subjected to any reprisal or retaliatory action undertaken after the complainant makes his or her complaint known to the department may seek judicial review of the reprisal or retaliatory action in superior court.  In such action, the reviewing court may award reasonable attorneys' fees.

     The department shall compile complaint resolution data including about whom a complaint was made, by whom, and the outcome of the complaint.  The department shall submit semiannual reports, due January and July of each year, beginning January 1992, to the senate children and family services committee and the house of representatives human services committee."

 

     "NEW SECTION.  Sec. 13.  A new section is added to chapter 74.13 RCW to read as follows:

     A foster parent or relative care provider may seek review of an agency decision to remove a foster child residing in the home of the foster parent or relative, pursuant to a court order entered in a proceeding under this chapter, through use of the department's complaint resolution process.  The complaint resolution process shall not be used to contest a decision to return the child home when a court order has been entered to that effect or to contest a decision regarding visitation.  The foster parent or relative care provider shall initiate that process within five days of receipt of the removal decision notification.  Thirty days following the initiation of the department's complaint resolution process, unless an agreed extension exists, the foster parent or relative care provider may file an application for an adjudicative proceeding under chapter 34.05 RCW.  The agency shall schedule the adjudicative hearing within five days after the application is filed.  A final order shall be issued by the presiding officer of the adjudicative proceeding within twenty-one days after conclusion of the hearing or after submission of memos, briefs, or proposed findings in accordance with RCW 34.05.461(7).

     The general public shall be excluded from adjudicative proceedings regarding agency removal decisions.  Only parties to the adjudicative or the dependency proceeding or persons the judge finds to have a direct interest in the case shall be admitted."

 

     "NEW SECTION.  Sec. 14.  A new section is added to chapter 74.13 RCW to read as follows:

     If a foster parent or relative care provider is using the department's complaint resolution process to review a decision to remove a child from the foster family home or from a relative home or has filed an application for an adjudicative proceeding, the foster child shall remain in the foster or relative home unless the regional administrator determines that the child's safety is in jeopardy or that other compelling reasons exist necessitating the removal."

 

     "Sec. 15.  RCW 74.13.300 and 1990 c 284 s 12 are each amended to read as follows:

     (1) Whenever a child has been placed in a foster family home or the home of a relative care provider by the department or a child-placing agency and the child has thereafter resided in the home for at least ninety consecutive days, the department or child-placing agency shall notify the foster family in writing of the reasons upon which the decision to move the child was based, at least five days prior to moving the child to another placement, unless:

     (a) A court order has been entered requiring an immediate change in placement; or

     (b) ((The child is being returned home;

     (c))) The child's safety is in jeopardy((; or

     (d) The child is residing in a receiving home or a group home)).

     (2) If a decision is made by the department or a child-placing agency to move a child to another placement, the foster family parent or relative care provider shall receive written notice of his or her right to request a review of the removal decision regarding a child that is residing in the home of the foster parent or relative pursuant to a court order entered in a proceeding under this chapter through the department's complaint resolution process.  The notification shall also advise the foster family parent or relative care provider that if the complaint remains unresolved after use of the department's complaint resolution process, he or she may file an application for an adjudicative proceeding under chapter 34.05 RCW.  Notification of the department's complaint resolution process and right to an adjudicative proceeding is not required to be provided if:

     (a) A court order has been entered requiring an immediate change in placement; or

     (b) The child is being returned home and a court order has been entered to that effect.

     (3) If the child has resided in a foster family home for less than ninety days or if, due to one or more of the circumstances in subsection (1) of this section, it is not possible to give five days' notification, the department or child-placing agency shall notify the foster family of proposed placement changes as soon as reasonably possible.

     (((3))) (4) This section is intended solely to assist in minimizing disruption to the child in changing foster care placements.  Nothing in this section shall be construed to ((require that a court hearing be held prior to changing a child's foster care placement nor to)) create any substantive custody rights in the foster parents."

 

     "NEW SECTION.  Sec. 16.  A new section is added to chapter 74.13 RCW to read as follows:

     The department shall establish rules specifying the criteria needed to be a foster-adopt parent and create a license for that category of foster parent.  Specific placement procedures regarding foster-adopt shall be incorporated into the training for caseworkers.  The department shall develop a form that constitutes an agreement between the department and each foster-adopt parent.  The agreement shall include, in bold-faced, capital letters, the fact that there is no guarantee that parental rights to a foster child being placed in the foster-adopt home will be terminated.  The form shall include a section where the foster-adopt parents indicate what representations, if any, were made to them by the department regarding adoption.  The department shall implement the foster-adopt agreement form by July 1, 1991, and report back to the legislature by September 1, 1991.  If parental rights to the child in the foster-adopt home are terminated, the foster-adopt parents shall be given first consideration to adopt the foster child. If foster-adopt parents seek judicial review of a decision to remove a foster child from their care and prevail, the department shall pay court costs and attorneys' fees."

 

     "NEW SECTION.  Sec. 17.  A new section is added to chapter 13.34 RCW to read as follows:

     If a child has resided in a foster-adopt home for a period of twelve months or more, the foster-adopt parents may file a petition seeking termination of the parent and child relationship."

 

     "Sec. 18.  RCW 13.34.110 and 1983 c 311 s 4 are each amended to read as follows:

     The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown.  The parties need not appear at the fact-finding or dispositional hearing if all are in agreement; but the court shall receive and review a social study before entering an order based on agreement.  No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.  Notice of the time and place of the continued hearing may be given in open court.  If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

     All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court.  The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court.  If a child resides in foster care or in the home of a relative pursuant to a disposition order entered under RCW 13.34.130, the court shall allow the child's foster parent or relative care provider to attend dependency review proceedings pertaining to the child for the purpose of providing information about the child to the court.

     Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200."

 

     "NEW SECTION.  Sec. 19.  A new section is added to chapter 13.34 RCW to read as follows:

     If a dependent child has resided in the home of a foster parent or a relative for at least eighteen months pursuant to a court order entered in a proceeding under this chapter, the foster parent or relative may file a motion to intervene as a party in the action pertaining to the child.  The motion to intervene shall be served upon the parties to the action as provided in applicable juvenile court and superior court rules."

 

     "NEW SECTION.  Sec. 20.    Sections 11 through 19 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

 

 

 

ESHB 1608 - S COMM AMD

By Committee on Children & Family Services

 

                                            Adopted as Amended 4/19/91 - Voice Vote

 

 

     On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 13.34.030, 74.13.300, and 13.34.110; adding a new section to chapter 13.40 RCW; adding new sections to chapter 74.13 RCW; adding new sections to chapter 13.34 RCW; creating new sections; and declaring an emergency."