H-2064

AN ACT Relating to children's services; amending RCW 13.32A.040, 74.13.032, and 74.13.035; adding a new section to chapter 13.40 RCW; adding a new section to chapter 74.13 RCW; adding new sections to chapter 43.20A RCW; creating new sections; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the number of group home beds for children has declined dramatically since 1980. This decline has resulted in the placement of children who need residential group care in family foster homes, crisis residential centers, interim care programs, residential treatment centers, and other programs not designed for residential group care. This misuse of the out-of-home care system has resulted in personal injury and property damage to those operating family foster homes, the lack of availability of services intended by the legislature for runaways and families in conflict, and harm to the children whose needs required residential group care.

The legislature also finds that the current administration of services to runaway youth, at-risk youth, and families in conflict is inconsistent across the state and that services and programs intended for this population have been used inappropriately and contrary to the requirements of state law.

To remedy this state of affairs, the legislature declares that it intends to provide a full continuum of care for children in need of state assistance.

NEW SECTION. Sec. 2. 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. The 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. 3. After March 1, 1993, all children requiring residential and treatment services through the department shall be assessed to determine the appropriate level of services required. The assessment procedure shall be the same regardless of the residential and treatment services ultimately provided by the department.

NEW SECTION. Sec. 4. The department shall ensure that the administration of chapter 13.32A RCW and applicable portions of chapter 74.13 RCW relating to runaway youth, at-risk youth, and families in conflict is consistent in all areas of the state and in accordance with statutory requirements.

NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:

The department of social and health services shall 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 develop and maintain a mutually reinforcing relationship between the youth and the therapeutic staff associated with the program.

Sec. 6. RCW 13.32A.040 and 1990 c 276 s 4 are each amended to read as follows:

Families who are in conflict or who are experiencing problems with at-risk youth may request family reconciliation services from the department. Such services shall be provided to alleviate personal or family 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. Family reconciliation services shall be designed to develop skills and supports within families to resolve problems related to at-risk youth or family conflicts and may include but are not limited to referral to services for suicide prevention, psychiatric or other medical care, or psychological, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family. Family reconciliation services shall be available in all communities of the state. Family reconciliation services shall be available during evenings and weekends.

Sec. 7. RCW 74.13.032 and 1979 c 155 s 78 are each amended to read as follows:

(1) The department shall establish, by contracts with private vendors, not less than eight regional crisis residential centers, which shall be structured group care facilities licensed under rules adopted by the department. ((~~Each regional center shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children.~~)) The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.

(2) The department shall, in addition to the regional facilities established under subsection (1) of this section, establish not less than thirty additional crisis residential centers pursuant to contract with licensed private group care or specialized foster home facilities. The staff at the facilities shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

Crisis residential facilities shall be operated as semi-secure facilities.

Sec. 8. RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:

Crisis residential centers shall compile yearly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year. Such information shall include but shall not be limited to the following:

(1) The number, age, and sex of children admitted to custody;

(2) Who brought the children to the center;

(3) Services provided to children admitted to the center;

(4) The circumstances which necessitated the children being brought to the center;

(5) The ultimate disposition of cases;

(6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;

(7) Length of stay.

The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.

((~~A center may, in addition to being licensed as such, also be licensed as a family foster home or group care facility and may house on the premises juveniles assigned for foster or group care.~~))

NEW SECTION. Sec. 9. The legislature finds that a destructive lifestyle of drug and street gang activity is rapidly becoming prevalent among some of the state's youths. A significant portion of these gang and drug-involved youths are African American youths as well as the youths of other ethnic and cultural minority groups. 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.

The legislature also finds that the treatment needs of gang and drug-involved youths who are committed to the custody of the division of juvenile rehabilitation in the department of social and health services are not being met by existing programs. These youths can benefit from the establishment of programs that seek to restore physical, mental, and spiritual health; instill an interest in learning; teach respect for others; foster self-esteem and pride; and foster the establishment of positive ties with the community. Therefore, the legislature directs the department of social and health services to establish a three-step transitional treatment program for gang and drug-involved youths in the custody of the department under chapter 13.40 RCW.

NEW SECTION. Sec. 10. A new section is added to chapter 13.40 RCW to read as follows:

(1) The department of social and health services shall 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. The 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 three-step program shall be culturally relevant and appropriate and shall include:

(a) A culturally relevant and appropriate institution-based program which shall provide 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 which shall focus 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 which shall provide support services, academic services, and coordinated individual and family counseling.

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

(3) The department shall adopt rules as necessary to implement the three-step transitional treatment program.

NEW SECTION. Sec. 11. (1) The department of social and health services shall contract with an independent research organization to conduct an evaluation of the model program established under section 10 of this act. The research organization shall assess whether the program is operating in a culturally relevant and appropriate manner. 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. The evaluation shall also include a determination of the program's applicability to other types of juvenile offenders.

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

NEW SECTION. Sec. 12. Sections 3 and 4 of this act are each added to chapter 43.20A RCW.

NEW SECTION. Sec. 13. The sum of six hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purpose of establishing a therapeutic family home program under section 5 of this act.

NEW SECTION. Sec. 14. The sum of two million two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purposes of establishing a three-step transitional treatment program under section 10 of this act.