AN ACT
Relating to at-risk families; amending RCW 28A.300.040, 43.63A.065, and
43.70.020; adding new sections to chapter 74.14A RCW; adding a new section to
chapter 43.20A RCW; adding a new section to chapter 50.08 RCW; adding new
chapters to Title 70 RCW; creating new sections; and providing an effective
date.
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. Public effort must be redirected to expand, support, strengthen, and
help refashion family and community associations to care for children.
The
legislature finds that a broad variety of services for children and families
has been independently designed over the years and that the coordination and
cost-effectiveness of these services will be enhanced through the adoption of a
common approach to their delivery. The legislature further finds that the most
successful programs for reaching and working with at-risk families and children
treat individuals' problems in the context of the family, offer a broad
spectrum of services, are flexible in the use of program resources, and use
staff who are trained in crossing traditional program categories in order to
broker services necessary to fully meet a family's needs.
The
legislature further finds that eligibility criteria, expenditure restrictions,
and reporting requirements of state and federal categorical programs often
create barriers toward the effective use of resources for addressing the
multiple problems of at-risk families and children.
The
purposes of this chapter are (1) to modify public policy and programs to
empower communities to support and respond to the needs of individual families
and children and (2) to improve the responsiveness of services for children and
families at risk by facilitating greater coordination and flexibility in the
use of funds by state and local service agencies.
NEW
SECTION. Sec. 2. A new
section is added to chapter 74.14A RCW to read as follows:
To
update, specify, and expand the policy stated in RCW 74.14A.020, the following
is declared:
It is
the policy of the state of Washington to promote:
(1)
Family-oriented services and supports that:
(a)
Respond to the changing nature of families; and
(b)
Respond to what individuals and families say they need, and meet those needs in
a way that maintains their dignity and respects their choices;
(2)
Culturally relevant services and supports that:
(a)
Explicitly recognize the culture and beliefs of each family and use these as
resources on behalf of the family;
(b)
Provide equal access to culturally unique communities in planning and programs,
and day-to-day work, and actively address instances where clearly
disproportionate needs exist; and
(c)
Enhance every culture's ability to achieve self-sufficiency and contribute in a
productive way to the larger community;
(3)
Coordinated services that:
(a)
Develop strategies and skills for collaborative planning, problem solving, and
service delivery;
(b)
Encourage coordination and innovation by providing both formal and informal
ways for people to communicate and collaborate in planning and programs;
(c)
Allow clients, vendors, community people, and other agencies to creatively
provide the most effective, responsive, and flexible services; and
(d)
Commit to an open exchange of skills and information; and expect people
throughout the system to treat each other with respect, dignity, and
understanding;
(4)
Locally planned services and supports that:
(a)
Operate on the belief that each community has special characteristics, needs,
and strengths;
(b)
Include a cross-section of local community partners from the public and private
sectors, in the planning and delivery of services and supports; and
(c) Support
these partners in addressing the needs of their communities through both
short-range and long-range planning and in establishing priorities within state
and federal standards;
(5)
Community-based prevention that encourages and supports state residents to
create positive conditions in their communities to promote the well-being of
families and reduce crises and the need for future services;
(6)
Outcome-based services and supports that:
(a)
Include a fair and realistic system for measuring both short-range and
long-range progress and determining whether efforts make a difference;
(b)
Use outcomes and indicators that reflect the goals that communities establish
for themselves and their children;
(c)
Work towards these goals and outcomes at all staff levels and in every agency;
and
(d)
Provide a mechanism for informing the development of program policies;
(7)
Customer service that:
(a)
Provides a climate that empowers staff to deliver quality programs and
services;
(b) Is
provided by courteous, sensitive, and competent professionals; and
(c)
Upholds the dignity and respect of individuals and families by providing
appropriate staff recognition, information, training, skills, and support;
(8)
Creativity that:
(a)
Increases the flexibility of funding and programs to promote innovation in
planning, development, and provision of quality services; and
(b)
Simplifies and reduces or eliminates rules that are barriers to coordination
and quality services.
NEW
SECTION. Sec. 3. Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Comprehensive plan" means a two-year plan that examines available
resources and unmet needs for a county or multicounty area, barriers that limit
the effective use of resources, and a plan to address these issues that is
broadly supported.
(2)
"Participating state agencies" means the office of the superintendent
of public instruction, the department of social and health services, the
department of health, the employment security department, the department of
community development, and such other departments as may be specifically
designated by the governor.
(3)
"Family policy council" or "council" means the
superintendent of public instruction, the secretary of social and health
services, the secretary of health, the commissioner of the employment security
department, and the director of the department of community development or
their designees, one legislator from each caucus of the senate and house of
representatives, and one representative of the governor.
(4)
"Outcome based" means defined and measurable outcomes and indicators
that make it possible for communities to evaluate progress in meeting their
goals and whether systems are fulfilling their responsibilities.
(5)
"Matching funds" means an amount no less than twenty-five percent of
the amount budgeted for a consortium's project. Up to half of the consortium's
matching funds may be in-kind goods and services. Funding sources allowable
for match include appropriate federal or local levy funds, private charitable
funding, and other charitable giving. Basic education funds shall not be used
as a match.
(6)
"Consortium" means a diverse group of individuals that includes at
least representatives of local service providers, service recipients, local
government administering or funding children or family service programs,
participating state agencies, school districts, existing children's
commissions, ethnic and racial minority populations, and other interested
persons organized for the purpose of designing and providing collaborative and
coordinated services under this chapter. Consortiums shall represent a county,
multicounty, or municipal service area. In addition, consortiums may represent
Indian tribes applying either individually or collectively.
NEW
SECTION. Sec. 4. To
the extent that any power or duty of the council created according to this act
may duplicate efforts of existing councils, commissions, advisory committees,
or other entities, the governor is authorized to take necessary actions to
eliminate such duplication. This shall include authority to consolidate
similar councils or activities in a manner consistent with the goals of this
act.
NEW
SECTION. Sec. 5. (1)
The family policy council shall annually solicit from consortiums proposals to
facilitate greater flexibility, coordination, and responsiveness of services at
the community level. The council shall consider such proposals only if:
(a) A
comprehensive plan has been prepared by the consortium; and
(b)
The consortium has identified and agreed to contribute matching funds as
specified in section 3 of this act; and
(c) An
interagency agreement has been prepared by the family policy council and the
participating local service and support agencies that governs the use of funds,
specifies the relationship of the project to the principles listed in section 2
of this act, and identifies specific outcomes and indicators; and
(d)
Funds are to be used to provide support or services needed to implement a
family's or child's case plan that are not otherwise adequately available
through existing categorical services or community programs;
(e)
The consortium has provided written agreements that identify a lead agency that
will assume fiscal and programmatic responsibility for the project, and
identify participants in a consortium council with broad participation and that
shall have responsibility for ensuring effective coordination of resources; and
(f)
The consortium has designed into its comprehensive plan standards for
accountability. Accountability standards include, but are not limited to, the
public hearing process eliciting public comment about the appropriateness of
the proposed comprehensive plan. The consortium must submit reports to the
family policy council outlining the public response regarding the
appropriateness and effectiveness of the comprehensive plan.
(2)
The family policy council may submit a prioritized list of projects recommended
for funding in the governor's budget document.
(3)
The participating state agencies shall identify funds to implement the proposed
projects from budget requests or existing appropriations for services to
children and their families.
Sec.
6. RCW
28A.300.040 and 1991 c 116 s 2 are each amended to read as follows:
In
addition to any other powers and duties as provided by law, the powers and
duties of the superintendent of public instruction shall be:
(1) To
have supervision over all matters pertaining to the public schools of the
state.
(2) To
report to the governor and the legislature such information and data as may be
required for the management and improvement of the schools.
(3) To
prepare and have printed such forms, registers, courses of study, rules and
regulations for the government of the common schools, questions prepared for
the examination of persons as provided for in RCW 28A.305.130(9), and such
other material and books as may be necessary for the discharge of the duties of
teachers and officials charged with the administration of the laws relating to
the common schools, and to distribute the same to educational service district
superintendents.
(4) To
travel, without neglecting his or her other official duties as superintendent
of public instruction, for the purpose of attending educational meetings or
conventions, of visiting schools, of consulting educational service district
superintendents or other school officials.
(5) To
prepare and from time to time to revise a manual of the Washington state common
school code, copies of which shall be provided in such numbers as determined by
the superintendent of public instruction at no cost to those public agencies
within the common school system and which shall be sold at approximate actual
cost of publication and distribution per volume to all other public and
nonpublic agencies or individuals, said manual to contain Titles 28A and 28C
RCW, rules and regulations related to the common schools, and such other matter
as the state superintendent or the state board of education shall determine.
Proceeds of the sale of such code shall be transmitted to the public printer
who shall credit the state superintendent's account within the state printing
plant revolving fund by a like amount.
(6) To
act as ex officio member and the chief executive officer of the state board of
education.
(7) To
file all papers, reports and public documents transmitted to the superintendent
by the school officials of the several counties or districts of the state, each
year separately. Copies of all papers filed in the superintendent's office,
and the superintendent's official acts, may, or upon request, shall be
certified by the superintendent and attested by the superintendent's official
seal, and when so certified shall be evidence of the papers or acts so
certified to.
(8) To
require annually, on or before the 15th day of August, of the president,
manager, or principal of every educational institution in this state, a report
as required by the superintendent of public instruction; and it is the duty of
every president, manager or principal, to complete and return such forms within
such time as the superintendent of public instruction shall direct.
(9) To
keep in the superintendent's office a record of all teachers receiving
certificates to teach in the common schools of this state.
(10)
To issue certificates as provided by law.
(11)
To keep in the superintendent's office at the capital of the state, all books
and papers pertaining to the business of the superintendent's office, and to
keep and preserve in the superintendent's office a complete record of
statistics, as well as a record of the meetings of the state board of
education.
(12)
With the assistance of the office of the attorney general, to decide all points
of law which may be submitted to the superintendent in writing by any
educational service district superintendent, or that may be submitted to the
superintendent by any other person, upon appeal from the decision of any
educational service district superintendent; and the superintendent shall
publish his or her rulings and decisions from time to time for the information
of school officials and teachers; and the superintendent's decision shall be
final unless set aside by a court of competent jurisdiction.
(13)
To administer oaths and affirmations in the discharge of the superintendent's
official duties.
(14)
To deliver to his or her successor, at the expiration of the superintendent's
term of office, all records, books, maps, documents and papers of whatever kind
belonging to the superintendent's office or which may have been received by the
superintendent's for the use of the superintendent's office.
(15) To
administer family services and programs to promote the state's policy as
provided in section 2 of this act.
(16)
To perform such other duties as may be required by law.
Sec.
7. RCW
43.63A.065 and 1990 1st ex.s. c 17 s 70 are each amended to read as follows:
The
department shall have the following functions and responsibilities:
(1)
Cooperate with and provide technical and financial assistance to the local
governments and to the local agencies serving the communities of the state for
the purpose of aiding and encouraging orderly, productive, and coordinated
development of the state, and, unless stipulated otherwise, give priority to
local communities with the greatest relative need and the fewest resources.
(2)
Administer state and federal grants and programs which are assigned to the
department by the governor or the legislature.
(3)
Administer community services programs through private, nonprofit organizations
and units of general purpose local government; these programs are directed to
the poor and infirm and include community-based efforts to foster
self-sufficiency and self-reliance, energy assistance programs, head start, and
weatherization.
(4)
Study issues affecting the structure, operation, and financing of local
government as well as those state activities which involve relations with local
government and report the results and recommendations to the governor,
legislature, local government, and citizens of the state.
(5)
Assist the governor in coordinating the activities of state agencies which have
an impact on local governments and communities.
(6)
Provide technical assistance to the governor and the legislature on community
development policies for the state.
(7)
Assist in the production, development, rehabilitation, and operation of
owner-occupied or rental housing for low and moderate income persons, and
qualify as a participating state agency for all programs of the Department of Housing
and Urban Development or its successor.
(8)
Support and coordinate local efforts to promote volunteer activities throughout
the state.
(9)
Participate with other states or subdivisions thereof in interstate programs
and assist cities, counties, municipal corporations, governmental conferences
or councils, and regional planning commissions to participate with other states
or their subdivisions.
(10)
Hold public hearings and meetings to carry out the purposes of this chapter.
(11)
Provide a comprehensive state-level focus for state fire protection services,
funding, and policy.
(12)
Administer a program to identify, evaluate, and protect properties which
reflect outstanding elements of the state's cultural heritage.
(13)
Coordinate a comprehensive state program for mitigating, preparing for,
responding to, and recovering from emergencies and disasters.
(14)
Administer family services and programs to promote the state's policy as
provided in section 2 of this act.
Sec.
8. RCW
43.70.020 and 1989 1st ex.s. c 9 s 103 are each amended to read as follows:
(1)
There is hereby created a department of state government to be known as the
department of health. The department shall be vested with all powers and
duties transferred to it by this act and such other powers and duties as may be
authorized by law. The main administrative office of the department shall be
located in the city of Olympia. The secretary may establish administrative
facilities in other locations, if deemed necessary for the efficient operation
of the department, and if consistent with the principles set forth in
subsection (2) of this section.
(2)
The department of health shall be organized consistent with the goals of providing
state government with a focus in health and serving the people of this state.
The legislature recognizes that the secretary needs sufficient organizational
flexibility to carry out the department's various duties. To the extent
practical, the secretary shall consider the following organizational
principles:
(a)
Clear lines of authority which avoid functional duplication within and between
subelements of the department;
(b) A
clear and simplified organizational design promoting accessibility, responsiveness,
and accountability to the legislature, the consumer, and the general public;
(c)
Maximum span of control without jeopardizing adequate supervision;
(d) A
substate or regional organizational structure for the department's health
service delivery programs and activities that encourages joint working
agreements with local health departments and that is consistent between
programs;
(e)
Decentralized authority and responsibility, with clear accountability;
(f) A
single point of access for persons receiving like services from the department
which would limit the number of referrals between divisions.
(3)
The department shall provide leadership and coordination in identifying and
resolving threats to the public health by:
(a)
Working with local health departments and local governments to strengthen the
state and local governmental partnership in providing public protection;
(b)
Developing intervention strategies;
(c)
Providing expert advice to the executive and legislative branches of state
government;
(d)
Providing active and fair enforcement of rules;
(e)
Working with other federal, state, and local agencies and facilitating their
involvement in planning and implementing health preservation measures;
(f)
Providing information to the public; and
(g)
Carrying out such other related actions as may be appropriate to this purpose.
(4) In
accordance with the administrative procedure act, chapter 34.05 RCW, the
department shall ensure an opportunity for consultation, review, and comment by
the department's clients before the adoption of standards, guidelines, and
rules.
(5)
Consistent with the principles set forth in subsection (2) of this section, the
secretary may create such administrative divisions, offices, bureaus, and
programs within the department as the secretary deems necessary. The secretary
shall have complete charge of and supervisory powers over the department,
except where the secretary's authority is specifically limited by law.
(6)
The secretary shall appoint such personnel as are necessary to carry out the
duties of the department in accordance with chapter 41.06 RCW.
(7)
The secretary shall appoint the state health officer and such deputy
secretaries, assistant secretaries, and other administrative positions as
deemed necessary consistent with the principles set forth in subsection (2) of
this section. All persons who administer the necessary divisions, offices,
bureaus, and programs, and five additional employees shall be exempt from the
provisions of chapter 41.06 RCW. The officers and employees appointed under
this subsection shall be paid salaries to be fixed by the governor in
accordance with the procedure established by law for the fixing of salaries for
officers exempt from the state civil service law.
(8)
The secretary shall administer family services and programs to promote the
state's policy as provided in section 2 of this act.
NEW
SECTION. Sec. 9. A new
section is added to chapter 43.20A RCW to read as follows:
The
secretary shall administer family services and programs to promote the state's
policy as provided in section 2 of this act.
NEW
SECTION. Sec. 10. A new
section is added to chapter 50.08 RCW to read as follows:
The
commissioner shall administer family services and programs to promote the
state's policy as provided in section 2 of this act.
NEW
SECTION. Sec. 11. By
June 30, 1995, the family policy council shall report to the appropriate
committees of the legislature on the expenditures made, outcomes attained, and
other pertinent aspects of its experience in the implementation of section 5 of
this act.
NEW
SECTION. Sec. 12. The
juvenile issues task force reauthorized under chapter --, Laws of 1992 (either
Engrossed Substitute House Bill No. 2466 or Second Substitute Senate Bill No.
6041), or the entity given the duties of the task force created in chapter 234,
Laws of 1991, shall conduct a study to determine whether a network of consortia
on children, youth, and families may be authorized to receive a transfer of
authority to administer: (1) The program funds from council agencies including
at least: (a) The prevention and early intervention programs that the
department of social and health services contracted for with private agencies
on January 1, 1992; (b) consolidated juvenile services within the department of
social and health services; (c) all residential and foster care services within
the department of social and health services; (d) drug and alcohol prevention
under chapter 28A.170 RCW; (e) the Fair Start program from the superintendent
of public instruction; (f) school psychological and social counseling services
from the superintendent of public instruction; (g) school health and nutrition
services from the superintendent of public instruction; (h) the early childhood
education and assistance program in the department of community development;
and (i) the first steps program and for other department of health funded
health education and health promotion programs where the primary target
population is children; (2) a requirement that consortia prepare two-year plans
that respond at a minimum to needs assessments, interagency service plans, and the
goals of local school districts, public health departments, juvenile courts,
and children's protective services; and (3) ways in which consortia can improve
access to assistance that will strengthen the healthy family unit or community
organizations, including at a minimum ways to reduce abuse of alcohol and
illegal substances by children and their parents, and interpersonal violence
and intentional injury to children. The study should recommend specific
financial incentives to encourage the transfer of authority as outlined under
this section. The juvenile issues task force shall also assess existing
resources and institutes on children and family services and recommend whether
an institute on children and family services affiliated with a college or university
be established, or, if existing, modified or expanded.
NEW
SECTION. Sec. 13. A new
section is added to chapter 74.14A RCW to read as follows:
The
implementation of council, consortia, and institute, 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. 14. The
legislature finds that there is an urgent and substantial need to:
(1)
Enhance the development of infants and toddlers with disabilities in the state
of Washington in order to minimize developmental delay and maximize individual
potential and enhance the capability of families to meet the needs of their
infants and toddlers with disabilities and maintain family integrity;
(2)
Coordinate and enhance the state's existing early intervention services to
ensure a state-wide, community-based, coordinated, interagency program of early
intervention services for infants and toddlers with disabilities and their
families; and
(3)
Facilitate the coordination of payment for early intervention services from
federal, state, local, and private sources including public and private
insurance coverage.
NEW
SECTION. Sec. 15. For
the purposes of implementing this chapter, the governor shall appoint a state
birth-to-six interagency coordinating council and ensure that state agencies
involved in the provision of, or payment for, early intervention services to
infants and toddlers with disabilities and their families shall coordinate and
collaborate in the planning and delivery of such services. The coordinating
council shall report to the appropriate committees of the legislature on the
implementation of this chapter by January 15, 1993.
No
state or local agency currently providing early intervention services to
infants and toddlers with disabilities may use funds appropriated for early
intervention services for infants and toddlers with disabilities to supplant
funds from other sources.
All
state and local agencies shall ensure that the implementation of this chapter
will not cause any interruption in existing early intervention services for
infants and toddlers with disabilities.
Nothing
in this chapter shall be construed to permit the restriction or reduction of
eligibility under Title V of the Social Security Act, P.L. 90-248, relating to
maternal and child health or Title XIX of the Social Security Act, P.L. 89-97,
relating to medicaid for infants and toddlers with disabilities.
NEW
SECTION. Sec. 16. State
agencies providing or paying for early intervention services shall enter into
formal interagency agreements with each other and where appropriate, with
school districts, counties, and other providers, to define their relationships
and financial and service responsibilities. Local agencies or entities,
including local school districts, counties, and service providers receiving
public money for providing or paying for early intervention services shall
enter into formal interagency agreements with each other that define their
relationships and financial responsibilities to provide services within each
county. In establishing priorities, school districts, counties, and other
service providers shall give due regard to the needs of children birth to three
years of age and shall ensure that they continue to participate in providing
services and collaborate with each other. The interagency agreements shall
include procedures for resolving disputes, provisions for establishing
maintenance requirements, and all additional components necessary to ensure
collaboration and coordination.
NEW
SECTION. Sec. 17. The
state birth-to-six interagency coordinating council shall identify and work
with county early childhood interagency coordinating councils to coordinate and
enhance existing early intervention services and assist each community to meet
the needs of infants and toddlers with disabilities and their families.
NEW
SECTION. Sec. 18. Sections
14 through 17 of this act shall constitute a new chapter in Title 70 RCW.
NEW
SECTION. Sec. 19. Sections
1 and 3 through 5 of this act shall constitute a new chapter in Title 70 RCW.
NEW
SECTION. Sec. 20. 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.
NEW
SECTION. Sec. 21. Sections
1 through 13 of this act shall take effect July 1, 1992.
