S-3033.4          _______________________________________________

 

                                 SENATE BILL 6238

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators Talmadge, Niemi, Stratton and Skratek

 

Read first time 01/22/92.  Referred to Committee on Children & Family Services.Encouraging community planning for children, youth, and family services.


     AN ACT Relating to community planning for children, youth, and family services; amending RCW 74.14A.020; adding new sections to chapter 74.14A RCW; adding a new section to Title 28A RCW; adding a new section to chapter 43.63A RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 43.41 RCW; and creating a new section.

 

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

 

     NEW SECTION.  Sec. 1.  The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit. 

     However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority.  In addition, extended family and natural community supports have eroded drastically.  The legislature recognizes that public policy assumptions must be altered to account for this new social reality.  Expanded public effort to support, strengthen, and help refashion family and community associations to care for children is now required of government.

     For these reasons, it is the purpose of this act to modify public  policy and programs to empower communities to support and respond to the needs of individual families and children.  The state shall focus public policy on community strategies that empower families to preserve and protect their children, and support alternative community environments for children who are out of the care of their family.

 

     Sec. 2.  RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

     ((The department of social and health services)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:

     (1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;

     (2) Ensuring that appropriate social and health services are provided to the family unit both prior to the removal of a child from the home and after family reunification;

     (3) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;

     (4) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

     (((4))) (5) Being sensitive to the family and community culture, norms, values, and expectations, and ensuring participation of ethnic minorities at all levels of planning, delivery, and evaluation efforts.  However, cultural sensitivity should not preclude cross cultural child care or adoption arrangement where these can promote the best interests of the child;

     (6)(a) Developing coordinated social and health services which:

     (((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

     (((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

     (((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

     (((d))) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

     (((e))) (v) Reduce duplication of and gaps in service delivery;

     (((f))) (vi) Improve planning, budgeting, and communication among all units of the department serving children and families; and

     (((g))) (vii) Develop outcome standards for measuring the effectiveness of social and health services for children and families.

     (b) In developing services under this subsection, local communities must be partners in planning and developing support networks that are tailored to their unique needs.

 

     NEW SECTION.  Sec. 3.      As used in this chapter, unless the context indicates otherwise:

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

     (2) "Secretary" means the secretary of the department of social and health services.

     (3) "Political subdivisions" means regional offices of state agencies, school districts, recognized Indian tribes, cities, towns, and counties.

     (4) "Regional interagency council for children, youth, and families" means the local authority created according to section 4 of this act, and shall include citizens, consumers of services regulated by this act, political subdivisions, existing childrens commissions, and ethnic minorities.

 

     NEW SECTION.  Sec. 4.      (1) The department of social and health services, the department of health, the department of community development, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children.  This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to a system of not less than six regional interagency councils for children, youth, and families.  The councils shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to assure families the least restrictive services appropriate to their needs. 

     (2) To assure this regional system, the secretary shall assist in the development of a locally controlled system of regional interagency councils for children, youth, and families.  As soon as possible, but in no case later than, December 1, 1993, the agreement shall recognize regional interagency councils for children, youth, and families requested by political subdivisions that shall encompass the entire state.  The agreement may not recognize councils that do not include the largest school district, the largest county authority administering, a juvenile court, the largest health department, the largest early childhood education and assistance program, and the largest department regional child services office within their councils' boundaries.

     (3) The councils shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by this act, and shall participate in the planning process required by (chapter 326, Laws of 1991 ESHB 1608, services for children).

     (4) The secretary shall contract with the councils, on a block grant basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1995.  The contract shall include state and federal funds currently appropriated for at least:

     (a) The prevention and early intervention programs contracted with private agencies on January 1, 1992;

     (b) Consolidated juvenile services;

     (c) All residential and foster care services; and

     (d) Other programs as decided by law.

 

     NEW SECTION.  Sec. 5.  A new section is added to Title 28A RCW to read as follows:

     The superintendent of public instruction shall contract with the councils established in section 4 of this act, on a single, block grant basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1995.  The contracts shall include state and federal funds currently appropriated for at least the following programs:

     (1) Drug and alcohol prevention under chapter 28A.170 RCW;

     (2) The Fair Start program;

     (3) School psychological and social counseling services; and

     (4) School health and nutrition services.

 

     NEW SECTION.  Sec. 6.  A new section is added to chapter 43.63A RCW to read as follows:

     The department of community development shall contract with the councils established in section 4 of this act, on a single, block grant basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1995.  The contracts shall include state and federal funds currently appropriated for at least the early childhood education and assistance program.

 

     NEW SECTION.  Sec. 7.  A new section is added to chapter 43.70 RCW to read as follows:

     The department of health shall, with the councils established in section 4 of this act, contract on a single, block grant, capitated basis, for the administration of an integrated program of community support for children, youth, and families as soon as possible, but in no case later than June 30, 1995.  The contracts shall include state and federal funds currently appropriated for at least the first steps program and for other health education and health promotion programs where the primary target population is children.

 

     NEW SECTION.  Sec. 8.      Any state or federal funds identified for contracts with councils established according to section 4 of this act shall be transferred with no reductions and shall from the date of transfer, receive the same cost of living adjustments that may be appropriated and allocated for state employees.  No political subdivision or other council participant may reduce their funding for children or family services below that provided on the effective date of this act.

 

     NEW SECTION.  Sec. 9.  A new section is added to chapter 43.41 RCW to read as follows:

     The office of financial management shall review the administration of funds as modified by this act and shall by January 1, 1996, propose legislation to complete interdepartmental transfers of funds or programs needed to place all programs and funds affected by this act into a single existing state agency.  The proposal shall place these programs in a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of this act.  The office of financial management may not suggest the creation of a new state agency for the function unless, after thorough review and documentation, the office of financial management determines that no suitable state agency exists.  The office of financial management shall review statutes that authorize the programs transferred by this act and suggest legislation to eliminate statutory requirements that interfere with the administration of this act.  However statutes establishing state authority to set program quality standards and services minimums, including priority areas for minorities, may not be suggested for elimination.

 

     NEW SECTION.  Sec. 10.     Regional interagency councils for children, youth, and families shall develop two‑year children, youth, and family plans that clearly responds to regional biennial needs assessments and interagency service plans, goals of local school districts, public health departments, juvenile courts and children's protective services consistent with the intent and requirements of this chapter.  Plans shall be updated biennially and shall serve as a basis for contracting according to the provisions of this act.

     In these regional interagency service plans, the regional interagency councils for children, youth, and families shall address the needs of children, youth, and families by planning for access to assistance that will strengthen the healthy family unit or community organizations and reduce or prevent conditions that undermine families or communities.  Such plans shall be consistent with the requirements of RCW 74.14A.020 and shall address, at a minimum, strategies to increase parental involvement in child care and in developmental and educational services.  Such plans shall also seek to reduce the abuse of alcohol and illegal substances by children and their parents, and interpersonal violence and intentional injury to children.

 

     NEW SECTION.  Sec. 11.     (1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula that reflects local needs assessments that considers:

     (a) The number of at‑risk children;

     (b) The number of children in out‑of‑home placements;

     (c) The number of recipients of aid to families with dependent children and participants in the family independence program;

     (d) The number of child protective services cases ranked according to risk;

     (e) The rate of detention for juveniles;

     (f) Social and economic indicators including poverty and hunger;

     (g) The number of convictions for crimes against children;

     (h) The number of convictions for crimes related to illegal drug and alcohol use;

     (i) The number of child and teenage suicides;

     (j) The school dropout rate;

     (k) Children's mental health needs assessments; and

     (l) The number of ethnic minority persons.

     (2) The office of financial management shall submit a proposed distribution formula in accordance with this section to the legislature by January 1, 1994.  The formula shall also include a projection of the funding allocations that will result for each local council.

 

     NEW SECTION.  Sec. 12.     The implementation of regional interagency councils for children, youth, and families, shall be included in all federal and state plans affecting the state's children, youth, and families, including at least those required by this chapter and applicable federal law.  These plans shall be consistent with the intent and requirements of this chapter.

 

     NEW SECTION.  Sec. 13.     The secretary of social and health services, the director of community development, the secretary of health, and the office of the superintendent of public instruction, shall:

     (1) Disburse funds for the regional interagency councils for children, youth, and families that are ready to implement programs as soon as possible, but in no case later than April 1, 1994;

     (2) Enter into biennial contracts with regional interagency councils for children, youth, and families to begin implementation as soon as possible, and complete implementation by June 1995.  The contracts shall be consistent with available resources;

     (3) By July 1, 1995, allocate one hundred percent of available resources for programs regulated by this act to regional interagency councils for children, youth, and families in single block grants to each council.  The grants shall be distributed in accordance with a formula submitted to the legislature by January 1, 1994, based on the distribution formula in section 11 of this act; and

     (4) Notify regional interagency councils for children, youth, and families of their allocation of available resources at least ninety days before the start of a new biennial contract period.

 

     NEW SECTION.  Sec. 14.     If no group of political subdivisions is willing to assume powers and duties under this chapter by June 30, 1995, the office of financial management shall designate a single state agency to do so and shall immediately transfer all funds and programs specified in this chapter to that agency.

 

     NEW SECTION.  Sec. 15.     (1) The state center for children, youth, and families is hereby created.  The center shall serve as the clearinghouse for information concerning innovations in children, youth, and family issues aimed at reducing events that weaken a family's ability to provide for its children and at providing care for children who have no parents able or willing to provide care.  Information from the clearinghouse shall be available on request to the children, youth, and family networks.  The center shall also provide technical assistance to regional interagency councils for children, youth, and families on the issues of community protection and prevention of violence toward children, youth, and families, particularly sexual exploitation.

     (2) The center shall review any data collected pursuant to this chapter to:

     (a) Identify high priority children, youth, and family issues that require study or evaluation.  Such issues may include, but are not limited to:

     (i) Evaluation of outcomes of children, youth, and family interventions to assess their benefit to the people of the state;

     (ii) Evaluation of specific population groups to identify needed changes in children, youth, and family support services;

     (iii) Evaluation of the risks and benefits of various incentives aimed at individuals for both preventing family dysfunction and improving community and state support for children, youth, and families.

     (b) Create a list of issues to study, specifying the objectives of each study, the study timeline, the specific improvements in the ability of communities to support children, youth, and families expected as a result of the study, and the estimated cost of the study.  The list shall be submitted to the governor and the legislature as part of the biennial budget process.  However, no study activity may be undertaken by the center without specific statutory authority and budget from the legislature.

     (3) Any data, research, or findings obtained at the center may be made available to the general public, including health professionals; regional interagency councils for children, youth, and families; health and children, youth, and family associations; the governor; professional boards; regulatory agencies; and any person or group who has provided data for the center.

 

     NEW SECTION.  Sec. 16.     Sections 3, 4, 8, and 10 through 15 of this act are each added to chapter 74.14A RCW.