H-4491

AN ACT Relating to family preservation services; adding a new chapter to Title 74 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) It is the intent of the legislature to make available, within available funds, intensive services to children and families that are designed to prevent the unnecessary imminent placement of children in foster care, and facilitate the reunification of the children with their families. These services are known as family preservation services and are characterized by the following values, beliefs, and goals:

(a) Safety of the child is always the first concern;

(b) Children need their families and should be raised by their own families whenever possible;

(d) Improvement of family functioning in order to promote the child's health, safety, and welfare and thereby allowing the family to remain intact and allowing children to remain at home.

(2) Subject to the availability of funds for such purposes, the legislature intends for family preservation services to be made available to all eligible families on a state-wide basis through a phased-in process. Except as otherwise specified by statute, the department of social and health services shall have the authority and discretion to implement and expand family preservation services according to a plan and time frame determined by the department.

(3) Nothing in this chapter shall be construed to create an entitlement to services nor to create judicial authority to order the provision of family preservation services to any person or family where the department has determined that such services are unavailable or unsuitable or that the child or family are not eligible for such services.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of social and health services.

(2) "Family preservation services" means services that are delivered primarily in the home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for imminent state-funded foster care placement, and that have all of the characteristics delineated in section 3 of this act.

(3) "Foster care" means placement of a child by the department or a licensed child placing agency in a home or facility licensed pursuant to chapter 74.15 RCW, or in a home or facility that is not required to be licensed pursuant to chapter 74.15 RCW.

(4) "Imminent" means a decision has been made by the department that, without family preservation services, a petition requesting the removal of a child from the family home will be immediately filed under chapter 13.32A or 13.34 RCW, or that a voluntary placement agreement will be immediately initiated.

NEW SECTION. Sec. 3. Family preservation services provided pursuant to this chapter shall have all of the following characteristics:

(1) Services are provided by specially trained caseworkers who have received at least forty hours of training from recognized family preservation services experts. Caseworkers provide the services in the family's home, and may provide some of the services in other natural environments of the family, such as their neighborhood or schools;

(2) Caseload size averages two families per caseworker;

(3) The services to the family are provided by a single caseworker, with backup caseworkers identified to provide assistance as necessary;

(4) Caseworkers have the authority and discretion to spend funds, up to a maximum amount specified by the department, to help families obtain necessary food, shelter, or clothing, or to purchase other goods or services that will enhance the effectiveness of intervention;

(5) Services are available to the family within twenty-four hours following receipt of a referral to the program;

(6) Services are available to the family twenty-four hours a day and seven days a week;

(7) Duration of service is limited to a maximum of forty days, unless the department authorizes an additional provision of service through an exception to policy;

(8) Services assist the family to improve parental and household management competence and to solve practical problems that contribute to family stress so as to effect improved parental performance and enhanced functioning of the family unit; and

(9) Services help families locate and utilize additional assistance, including, but not limited to, counseling and treatment services, housing, child care, education, job training, emergency cash grants, state and federally funded public assistance, and other basic support services.

NEW SECTION. Sec. 4. (1) The department shall be the lead administrative agency for family preservation services and may receive funding from any source for the implementation or expansion of such services. The department shall:

(a) Provide coordination and planning for the implementation and expansion of family preservation services; and

(b) Monitor and evaluate such services to determine whether the programs meet measurable standards specified by this chapter and the department.

(2) In carrying out the requirements of subsection (1)(a) of this section, the department shall consult and coordinate with at least one qualified private, nonprofit agency that has demonstrated expertise and experience in family preservation services.

(3) The department may provide family preservation services directly and shall, within available funds, contract with private, nonprofit social service agencies to provide services, provided that such agencies meet measurable standards specified by this chapter and by the department.

(4) The department shall not continue direct provision of family preservation services unless it is demonstrated that provision of such services prevents foster care placement in at least seventy percent of the cases served for a period of at least six months following termination of services.

The department shall not renew a contract with a service provider unless the provider can demonstrate that provision of services prevents foster care placement in at least seventy percent of the cases served for a period of at least six months following termination of service.

NEW SECTION. Sec. 5. (1) Family preservation services may be provided to children and their families only when the department has determined that:

(a) The child has been placed in foster care or is at actual, imminent risk of foster care placement due to:

(i) Child abuse or neglect;

(ii) A serious threat of substantial harm to the child's health, safety, or welfare; or

(iii) Family conflict; and

(b) There are no other available services that will prevent foster care placement of the child or make it possible to immediately return the child home.

(2) The department shall refer eligible families to family preservation services on a twenty-four hour intake basis. The department need not refer otherwise eligible families, and family preservation services need not be provided, if:

(a) The services are not available in the community in which the family resides;

(b) The services cannot be provided because the program is filled to capacity and there are no current service openings;

(d) The department, or the agency that is supervising the foster care placement, has developed a case plan that does not include reunification of the child and family; or

(e) The department or the contracted service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened.

(3) Nothing in this chapter shall prevent provision of family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or child.

NEW SECTION. Sec. 6. (1) The department shall, within available funds, conduct a family preservation services study in at least one region within the state. In developing and conducting the project, the department shall consult and coordinate with at least one qualified private, nonprofit agency that has demonstrated expertise and experience in family preservation services. The purpose of the study is to:

(a) Develop a valid and reliable process for accurately identifying clients who are eligible for family preservation services;

(b) Collect data on which to base projections of service needs, budget requests, and long-range planning;

(d) Develop a cost estimate for implementation and expansion of family preservation services on a state-wide basis;

(e) Develop a long-range plan and time frame for expanding the availability of family preservation services and ultimately making such services available to all eligible families on a state-wide basis; and

(f) Collect data regarding the number of children in foster care, group care, and institutional placements due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and assess the feasibility of expanding family preservation service eligibility to include all of these children.

(2) The department shall prepare a report to the legislature that addresses the objectives set forth in subsection (1) of this section. The report shall address the feasibility of expanding and implementing family preservation services on a state-wide basis. The report is due January 1, 1993.

NEW SECTION. Sec. 7. For the purpose of providing family preservation services to children who would otherwise be removed from their homes, the department may:

(1) Solicit and use any available federal or private resources, which may include funds, in-kind resources, or volunteer services; and

(2) Use any available state resources, which may include in-kind resources or volunteer services.

NEW SECTION. Sec. 8. The department's provision of family preservation services under section 4(3) of this act is not intended to replace existing contracts with private nonprofit social service agencies that provide family preservation services.

NEW SECTION. Sec. 9. (1) The secretary of social and health services may transfer funds appropriated for foster care services to purchase family preservation services for children at imminent risk of foster care placement.

(2) The secretary shall notify the juvenile issues task force established under chapter 234, Laws of 1991, of any fund transfers under this section and shall include caseload, expenditure, costs avoidance, and outcome data related to the transfer.

(3) The juvenile issues task force shall review the data submitted under this section and include findings and recommendations on the transfer of funds authorized under this section to the appropriate committees of the senate and house of representatives by December 15, 1992.

NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 74 RCW.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.