S-1361

AN ACT Relating to reviews of complaints against the department of social and health services; amending RCW 74.13.300; and adding new sections to chapter 74.13 RCW.

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

NEW SECTION. Sec. 1. 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. 2. The procedures in section 3 of this act do not apply to the following:

(1) Decisions of the court;

(2) Decisions regarding grant programs for which an appeal is available;

(3) Decisions regarding civil rights actions covered under the department's civil rights complaint procedures;

(4) A denial, suspension, or revocation of a license for which an appeal is available; and

(5) Child placement or removal actions of the division under RCW 26.44.050.

NEW SECTION. Sec. 3. The procedures in this section apply to clients of the department of social and health services, individual complainants, and foster parents who have complaints regarding a division policy or procedure or the application of a division policy or procedure. Complaints from clients, foster parents, or other individual complainants regarding a division policy or procedure or the application of a division policy or procedure shall be reviewed in the following manner:

(1) A client or foster parent shall initiate the complaint process by requesting a review by the supervisor of the person whose actions are the subject of the complaint.

(2) The supervisor shall make initial contact with the complainant as soon as possible but in no case longer than three working days from the date the complaint was made. The complainant shall be offered the opportunity to meet with the supervisor.

(3) The supervisor shall discuss the complaint with the complainant, assess the nature of the complaint, and review the agency case decisions. The supervisor shall issue a decision within five days after the meeting or telephonic meeting with the complainant and shall send written notice of the decision to the complainant and to the child-placing agency involved, if any. The decision shall advise the complainant of his or her right to pursue the next level of review by requesting a review conducted by the division of children and family services area manager.

(4) The division of children and family services area manager shall make initial contact with the complainant as soon as possible but in no case longer than three working days from the date the request for review was made. The complainant shall be offered the opportunity to meet with the division of children and family services area manager.

(5) The division of children and family services area manager shall discuss the complaint with the complainant, assess the nature of the complaint, and review the agency case decisions. The area manager shall issue a decision within five days after the meeting or telephonic meeting with the complainant and shall send written notice of the decision to the complainant and to the child-placing agency involved, if any. The decision shall advise the complainant of his or her right to pursue the next level of review by requesting a meeting with the regional administrator. If the regional administrator decides not to review the complaint, he or she shall refer the complaint to the regional panel review process. If the complaint remains unresolved after the regional administrator conducts a review of the complaint, the regional administrator shall refer the complaint to the regional panel review process.

(6) The regional panel review process shall review complaints referred by a regional administrator, staff at the division of children and family services, or department headquarters in the following manner:

(a) The complaint shall be submitted to the regional review panel on a citizen communication form provided by the division of children and family services accompanied by the case file.

(b) A regional review panel shall be convened by the regional administrator and the office of community relations under the assistant secretary for children's services. The panel shall be comprised of the following members:

(i) The division of children and family services regional administrator or his or her designee from the region in which the complaint was generated;

(ii) One staff person from the children's administration's office of community relations;

(iii) Two members of the regional oversight committee;

(iv) A foster parent who is not involved in the complaint if the complainant is a foster parent. If the complainant is not a foster parent, another member of the community not involved in the complaint.

(c) The regional review panel shall review the complaint, the complainant's file, and all other relevant material. The review shall be convened at a time and in a location convenient to the complainant. The complainant, division staff, and other professionals will be asked to provide information to the panel.

(d) The panel members shall submit their recommendations in the form of a panel review report to the division of children and family services director within six working days after the review is held. A copy of the panel review report shall be sent to the complainant and child-placing agency involved, if any.

(7) The division of children and family services director shall review the panel review report and submit his or her written recommendation, along with the panel review report, to the assistant secretary for the division of children and family services within two working days after receiving the panel recommendations.

(8) Within five working days of receipt of the panel review report, the assistant secretary for the division of children and family services shall issue a final written decision. A copy of the decision shall be sent to all parties involved.

NEW SECTION. Sec. 4. If a foster parent or relative care provider is using the division of children and family services citizen complaint review process to review a decision to remove a child from the foster family home or from a relative home, 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. 5. 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 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) Whenever 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 through the division of children and family services citizen complaint review process. The notification shall also advise the foster family parent or relative care provider of his or her right to a juvenile court review of the removal decision after using the division of children and family services citizen complaint review process. The foster parent or relative care provider shall file with the juvenile court a request for hearing within five days of receipt of the final written decision of the assistant secretary for the division of children and family services. Notification of the division of children and family services grievance process and right to a juvenile court review 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. 6. Sections 1 through 4 of this act are each added to chapter 74.13 RCW.