BP BHEAD INT S

AN ACT Relating to community planning for children, youth, and family services; amending RCW 74.14A.020, 41.06.380, and 13.40.040; 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; adding a new section to chapter 41.06 RCW; adding a new section to chapter 13.40 RCW; adding new sections to chapter 74.14A RCW; creating new sections; and making an appropriation.

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.

NEW SECTION. Sec. 2. The legislature finds that the purposes of this act will best be implemented through the partial decentralization and reconfiguration of the department of social and health services' administration and programs in a method harmonious with the goals of greater efficiency and increased local coordination.

Consistent with this finding the department of social and health services shall, by July 1, 1994, develop and implement a plan to: (1) Decentralize portions of its decision-making and operational planning; (2) develop new allotment and fiscal tracking systems compatible with the intent of this act; (3) streamline and enhance child care licensing procedures; (4) decentralize child care licensors; (5) increase monitoring of and enforcement of unlicensed child care providers; (6) increase incentives to encourage licensure of all child care providers; and (7) begin block granting nonentitlement child care.

Sec. 3. 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;

(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. 4. 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 and counties.

(4) "Regional interagency council for children, youth, and families" means the local authority created according to section 5 of this act, and shall include school districts, recognized Indian tribes, cities, towns, citizens, consumers of social services, political subdivisions, existing childrens' commissions, and ethnic minorities.

NEW SECTION. Sec. 5. (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 or more than twelve 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 accomplish the purposes stated in sections 1 and 2, chapter . . . , Laws of 1993 (sections 1 and 2 of this act) and RCW 74.14A.020.

(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 law, and shall participate in the planning process required by chapter 326, Laws of 1991.

(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, 1993;

(b) Consolidated juvenile services;

(d) Other programs as decided by law.

NEW SECTION. Sec. 6. The secretary shall:

(1) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used by all regional interagency councils for identifying all children presently existing within the foster care system who are unlikely to be placed in a permanent adoptive home because they face physical, emotional, mental, or other long-term challenges.

(2) Ensure that all children within the foster care agency caseload undergo such an evaluation and be identified by January 1, 1994.

(3) Develop a set of minimum guidelines to be used by all regional interagency councils for identifying all children who are to be placed in foster care. All children are to be diagnosed within thirty days of an initial foster care placement. These guidelines shall, at a minimum, consider the following criteria for identifying children in need of long-term care:

(a) Existence within the foster care system for two years or more;

(b) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

(d) Chronic behavioral and/or educational problems in school;

(e) Chronic problems in the home;

(f) Repetitive incidences involving law enforcement officers; and

(g) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation.

(4) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs shall be developed that will effectively address the educational, physical, emotional, and medical needs of children while they reside in the long-term care of the state. Programs shall be ready for implementation by January 1, 1994.

(5) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994.

NEW SECTION. Sec. 7. 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 5 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. 8. 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 5 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. 9. A new section is added to chapter 43.70 RCW to read as follows:

The department of health shall contract with the councils established in section 5 of this act, 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. 10. Any state or federal funds identified for contracts with councils established according to section 5 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. 11. 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 chapter . . ., Laws of 1993 (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 chapter . . ., Laws of 1993 (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 chapter . . ., Laws of 1993 (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 chapter . . ., Laws of 1993 (this act) and suggest legislation to eliminate statutory requirements that interfere with the administration of chapter . . ., Laws of 1993 (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. 12. 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 sections 5, 7 through 9, and 15 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. 13. (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. 14. 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. 15. 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 chapter 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 13 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. 16. 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. 17. The legislature recognizes the inherent difficulties in ensuring efficient delivery of services and public access to services in rural counties of the state. The large distances that exist between cities and towns, combined with a lack of convenient public transportation, can make it difficult for many families to reach state or county agencies during working hours. Therefore, interagency councils shall agree to the shared use of local and county facilities, including school district facilities, where agency service delivery and access would be improved for residents of rural counties or remote population centers. Such agreements shall be made in accordance with section 5 of this act.

NEW SECTION. Sec. 18. The department is authorized to establish a pilot project in a rural county in southwest Washington for the purpose of establishing an intensive community-based and family-centered program designed to create improved situations of permanency for children and families.

Sec. 19. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:

((~~Nothing contained in this chapter shall prohibit any~~)) A department, as defined in RCW 41.06.020, ((~~from purchasing~~)) may purchase services by contract with individuals or business entities if such services ((~~were~~)) are regularly ((~~purchased by valid contract~~)) contracted for by ((~~such~~)) the department ((~~prior to April 23, 1979: PROVIDED, That no such~~)). No contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract, unless the authority to contract is specifically authorized by statute and approved by the governor.

NEW SECTION. Sec. 20. A new section is added to chapter 41.06 RCW to read as follows:

(1) Any contract authorized under sections 5, 7 through 9, and 15 of this act requires approval by the governor if the contract would otherwise violate the limitations contained in RCW 41.06.380.

(2) Before approving any contract, the governor shall consider whether:

(a) The interests of children, youth, or families will be better served through the use of the contract;

(b) The contract will assist in improving the integration and coordination of social and health services at the regional and local level; or

(c) The public interest in improving the social and health services system through the use of an unrestricted contract outweighs the benefits of maintaining the contract restrictions.

NEW SECTION. Sec. 21. (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. 22. A new section is added to chapter 13.40 RCW to read as follows:

(1) The legislature finds that juvenile offenders committed to the department benefit from a period of community custody prior to full release from commitment. The legislature further finds public safety is enhanced and youth rehabilitation is accelerated during community custody by the provisions of structured transition services and supervision. Therefore, a juvenile serving a term of confinement under the supervision of the department may be transferred to a structured transition program in the community under specific conditions intended to safeguard the public and accelerate the rehabilitation of the juvenile offender.

(2) A juvenile serving a term of confinement under the supervision of the department may, under specific conditions, be transferred from physical custody after serving seventy-two percent of the minimum term of confinement, if the secretary determines the juvenile will benefit from structured transition offered within the community and is eligible to participate based on a youth classification instrument. A juvenile pursuant to a written structured transition contract may be required to: (a) Reside at a specific address and be present at that address during specified hours; (b) submit to electronic monitoring, tracker services, or both; (c) participate in training, education, and employment programs; (d) undergo treatment services; (e) report as directed to an assigned community case manager; (f) refrain from further offenses; and (g) meet other requirements imposed by the community case manager related to transition services.

(3) Prior to transfer to structured transition status, the secretary shall give notice of the transfer to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside. The notice shall include the identity of the juvenile, the time period, the residence of the juvenile, and the identity of the person responsible for supervising the juvenile in the residence.

(4) All juveniles eligible to participate in structured transition are subject to the requirements set forth in RCW 9A.44.130 and 13.40.215.

(5) A juvenile who violates a condition of structured transition may be taken into custody and transferred to a more secure facility.

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform the functions under this section.

Sec. 23. RCW 13.40.040 and 1979 c 155 s 57 are each amended to read as follows:

(1) A juvenile may be taken into custody:

(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

(d) Without a court order, where the secretary or the secretary's designee has suspended the parole ((~~of a juvenile offender~~)) or terminated the juvenile offender's involvement in the structured transition program.

(2) A juvenile may not be held in detention unless there is probable cause to believe that:

(a) The juvenile has committed an offense or has violated the terms of a disposition order; and

(i) The juvenile will likely fail to appear for further proceedings; or

(ii) Detention is required to protect the juvenile from himself or herself; or

(iii) The juvenile is a threat to community safety; or

(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

(v) The juvenile has committed a crime while another case was pending; or

(b) The juvenile is a fugitive from justice; or

(d) The juvenile is a material witness.

(3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

(4) A juvenile detained under this section may be released upon posting bond set by the court. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.

NEW SECTION. Sec. 24. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the department of social and health services for the purposes of section 18 of this act.

NEW SECTION. Sec. 25. Sections 4 through 6, 10, 12 through 18, and 21 of this act are each added to chapter 74.14A RCW.