5885-S.E AMC CONF S3413.1

ESSB 5885 - CONF REPT

By Conference Committee

                                                   ADOPTED 4/23/95

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 74.14C.005 and 1992 c 214 s 1 are each amended to read as follows:

    (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 designed to facilitate the reunification of the children with their families.)) The legislature believes that protecting the health and safety of children is paramount.  The legislature recognizes that the number of children entering out-of-home care is increasing and that a number of children receive long-term foster care protection.  Reasonable efforts by the department to shorten out-of-home placement or avoid it altogether should be a major focus of the child welfare system.  It is intended that providing up-front services decrease the number of children entering out-of-home care and have the effect of eventually lowering foster care expenditures and strengthening the family unit.

Within available funds, the legislature directs the department to focus child welfare services on protecting the child, strengthening families and, to the extent possible, providing necessary services in the family setting, while drawing upon the strengths of the family.  The legislature intends services be locally based and offered as early as possible to avoid disruption to the family, out-of-home placement of the child, and entry into the dependency system.  The legislature also intends that these services be used for those families whose children are returning to the home from out-of-home care.  These services are known as family preservation services and intensive 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;

    (c) Interventions should focus on family strengths and be responsive to the individual ((family)) family's cultural values and needs; ((and))

    (d) Participation should be voluntary; and

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

    (2) Subject to the availability of funds for such purposes, the legislature intends for ((family preservation)) these 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)) these services ((according to a plan and time frame determined by the department)) as provided in this chapter.  The department shall consult with the community public health and safety networks when assessing a community's resources and need for services.

    (3) It is the legislature's intent that, within available funds, the department develop services in accordance with this chapter.

(4) 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)) if the ((department has determined that such)) services are unavailable or unsuitable or that the child or family are not eligible for such services.

    Sec. 2.  RCW 74.14C.010 and 1992 c 214 s 2 are each amended to read as follows:

    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 unnecessary imminent foster care placement, and that have all of the characteristics delineated in RCW 74.14C.020.

    (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))) "Family preservation services" means in-home or community-based services drawing on the strengths of the family and its individual members while addressing family needs to strengthen and keep the family together where possible and may include:

(a) Respite care of children to provide temporary relief for parents and other caregivers;

(b) Services designed to improve parenting skills with respect to such matters as child development, family budgeting, coping with stress, health, safety, and nutrition; and

(c) Services designed to promote the well-being of children and families, increase the strength and stability of families, increase parents' confidence and competence in their parenting abilities, promote a safe, stable, and supportive family environment for children, and otherwise enhance children's development.

Family preservation services shall have the characteristics delineated in RCW 74.14C.020 (2) and (3).

(3) "Imminent" means a decision has been made by the department that, without intensive 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.

(4) "Intensive family preservation services" means community-based services that are delivered primarily in the home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for unnecessary imminent out-of-home placement, and that have all of the characteristics delineated in RCW 74.14C.020 (1) and (3).

(5) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

(6) "Preservation services" means family preservation services and intensive family preservation services that consider the individual family's cultural values and needs.

    Sec. 3.  RCW 74.14C.020 and 1992 c 214 s 3 are each amended to read as follows:

(1) Intensive family preservation services shall have all of the following characteristics:

    (((1))) (a) Services are provided by specially trained ((caseworkers)) service providers who have received at least forty hours of training from recognized ((family preservation)) intensive in-home services experts.  ((Caseworkers provide)) Service providers deliver 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))) (b) Caseload size averages two families per ((caseworker)) service provider;

    (((3))) (c) The services to the family are provided by a single ((caseworker)) service provider, with backup ((caseworkers)) providers 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))) (d) 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))) (e) 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)).

(2) Family preservation services shall have all of the following characteristics:

(a) Services are delivered primarily in the family home or community;

(b) Services are committed to reinforcing the strengths of the family and its members and empowering the family to solve problems and become self-sufficient;

(c) Services are committed to providing support to families through community organizations including but not limited to school, church, cultural, ethnic, neighborhood, and business;

(d) Services are available to the family within forty-eight hours of referral unless an exception is noted in the file;

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

(f) Caseload size no more than ten families per service provider, which can be adjusted according to exceptions defined by the department.

(3) Preservation services shall include the following characteristics:

(a) Services protect the child and strengthen the family;

(b) Service providers 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;

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

(d) Services enhance parenting skills, family and personal self-sufficiency, functioning of the family, and reduce stress on families; and

(e) Services help families locate and use 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.

    Sec. 4.  RCW 74.14C.030 and 1992 c 214 s 4 are each amended to read as follows:

    (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 with the advice of the community networks 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)) with qualified ((private, nonprofit agency)) agencies that ((has)) have demonstrated expertise and experience in ((family)) preservation services.

    (3) The department may provide ((family)) preservation services directly and shall, within available funds, enter into outcome-based, competitive contracts with ((private, nonprofit)) social service agencies to provide preservation services, provided that such agencies meet measurable standards specified by this chapter and by the department.  The standards shall include, but not be limited to, satisfactory performance in the following areas:

(a) The number of families appropriately connected to community resources;

(b) Avoidance of new referrals accepted by the department for child protective services or family reconciliation services within one year of the most recent case closure by the department;

(c) Consumer satisfaction;

(d) For reunification cases, reduction in the length of stay in out-of-home placement; and

(e) Reduction in the level of risk factors specified by the department.

    (4)(a) The department shall not ((continue direct provision of)) provide intensive family preservation services unless it is demonstrated that provision of such services prevent((s foster care)) out-of-home 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)) The department's caseworkers may only provide preservation services if there is no other qualified entity willing or able to do so.

(b) Contractors shall demonstrate that provision of intensive family preservation services prevent((s foster care)) out-of-home placement in at least seventy percent of the cases served for a period of ((at least)) no less than six months following termination of services.  The department may increase the period of time based on additional research and data.  If the contractor fails to meet the seventy percent requirement the department may:  (i) Review the conditions that may have contributed to the failure to meet the standard and renew the contract if the department determines:  (A) The contractor is making progress to meet the standard; or (B) conditions unrelated to the provision of services, including case mix and severity of cases, contributed to the failure; or (ii) reopen the contract for other bids.

(c) The department shall cooperate with any person who has a contract under this section in providing data necessary to determine the amount of reduction in foster care.  For the purposes of this subsection "prevent out-of-home placement" means that a child who has been a recipient of intensive family preservation services has not been placed outside of the home, other than for a single, temporary period of time not exceeding fourteen days.

NEW SECTION. Sec. 5.  A new section is added to chapter 74.14C RCW to read as follows:

    The department shall collect data regarding the rates at which intensive family preservation services prevent out-of-home placements over varying periods of time.  The department shall make an initial report to the appropriate committees of the legislature of the data, and the proposed rules to implement this section, by December 1, 1995.  The department shall present a report to the appropriate committees of the legislature on September 1st of each odd-numbered year, commencing on September 1, 1997.

    Sec. 6.  RCW 74.14C.040 and 1992 c 214 s 5 are each amended to read as follows:

    (1) Intensive 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)) out-of-home or is at ((actual,)) imminent risk of ((foster care)) an out-of-home 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 reasonably available services including family preservation services that will prevent ((foster care)) out-of-home placement of the child or make it possible to immediately return the child home.

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

    (c) The family refuses the services;

    (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 intensive 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. 7.  A new section is added to chapter 74.14C RCW to read as follows:

    (1) Family preservation services may be provided to children and their families only when the department has determined that without intervention, the child faces a substantial likelihood of out-of-home placement due to:

    (a) Child abuse or neglect;

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

    (c) Family conflict.

    (2) 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;

    (c) The family refuses the services; or

    (d) The department or the service provider determines that the safety of a child, a family member, or persons providing the services 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 the child.

NEW SECTION. Sec. 8.  A new section is added to chapter 74.14C RCW to read as follows:

    Each department caseworker who refers a client for preservation services shall file a report with his or her direct supervisor stating the reasons for which the client was referred.  The caseworker's supervisor shall verify in writing his or her belief that the family who is the subject of a referral for preservation services meets the eligibility criteria for services as provided in this chapter.  The direct supervisor shall report monthly to the regional administrator on the provision of these services.  The regional administrator shall report to the assistant secretary quarterly on the provision of these services for the entire region.  The assistant secretary shall make a semiannual report to the secretary on the provision of these services on a state-wide basis.

    Sec. 9.  RCW 74.14C.050 and 1992 c 214 s 6 are each amended to read as follows:

    (((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)) By December 1, 1995, the department, with the assistance of the family policy council, two urban and two rural public health and safety networks to be chosen by the family policy council, and two private, nonprofit agencies with expertise and experience in preservation services shall submit to the legislature an implementation and evaluation plan that identifies:

    (((a) Develop)) (1) A valid and reliable process that can be used by caseworkers for accurately identifying clients who are eligible for intensive family preservation services and family preservation services.  The plan shall recognize the due process rights of families that receive preservation services and recognize that family preservation services are not intended to be investigative for purposes of chapter 13.34 RCW;

    (((b) Collect)) (2) Necessary data ((on)) by which ((to base)) program success will be measured, projections of service needs, budget requests, and long-range planning;

    (((c) Develop)) (3) Regional and state-wide projections of service needs;

    (((d) Develop)) (4) A cost estimate for state-wide implementation and expansion of ((family)) preservation services on a ((state-wide)) phased-in basis beginning no later than July 1, 1996;

    (((e) Develop a long-range)) (5) A plan and time frame for ((expanding the availability)) phased-in implementation of ((family)) preservation services ((and ultimately making such services available to all eligible families)) on a state-wide basis to be accomplished as soon as possible but no later than July 1, 1997; ((and

    (f) Collect)) (6) Data regarding the number of children in foster care, group care, ((and)) institutional placements, and other out-of-home placements due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and ((assess)) an assessment of the feasibility of ((expanding family)) providing preservation services ((eligibility)) to include all of these children;

(7) Standards and outcome measures for the department when the department provides preservation services directly; and

(8) A process to assess outcome measures identified in RCW 74.14C.030 for contractors providing preservation services.

    (((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.))

    Sec. 10.  RCW 74.14C.060 and 1992 c 214 s 7 are each amended to read as follows:

    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.

    Sec. 11.  RCW 74.14C.070 and 1994 c 288 s 3 are each amended to read as follows:

    ((After July 1, 1993,)) The secretary of social and health services, or the secretary's regional designee, may transfer funds appropriated for foster care services to purchase ((family)) preservation services and other preventive services for children at imminent risk of ((foster care)) out-of-home placement or who face a substantial likelihood of out-of-home placement.  This transfer may be made in those regions that lower foster care expenditures through efficient use of preservation services and permanency planning efforts.  The transfer shall be equivalent to the amount of reduced foster care expenditures and shall be made in accordance with the provisions of this chapter and with the approval of the office of financial management.  The secretary shall ((notify)) present an annual report to the ((appropriate committees of the senate and house of representatives of)) legislature regarding any transfers under this section.  The secretary shall include caseload, expenditure, cost avoidance, identified improvements to the ((foster)) out-of-home care system, and outcome data related to the transfer in the ((notification)) report.  The secretary shall also include in the report information regarding:  (1) The percent of cases where a child is placed in out-of-home care after the provision of intensive family preservation services or family preservation services; (2) the average length of time before such child is placed out-of-home; (3) the average length of time such child is placed out-of-home; and (4) the number of families that refused the offer of either family preservation services or intensive family preservation services.

NEW SECTION. Sec. 12.  A new section is added to chapter 74.14C RCW to read as follows:

    (1) The department shall, within available funds, provide for ongoing training and consultation to department personnel to carry out their responsibilities effectively.  Such training may:

    (a) Include the family unit as the primary focus of service; identifying family member strengths; empowering families; child, adult, and family development; stress management; and may include parent training and family therapy techniques;

    (b) Address intake and referral, assessment of risk, case assessment, matching clients to services, and service planning issues in the context of the home-delivered service model, including strategies for engaging family members, defusing violent situations, and communication and conflict resolution skills;

    (c) Cover methods of helping families acquire the skills they need, including home management skills, life skills, parenting, child development, and the use of community resources;

    (d) Address crisis intervention and other strategies for the management of depression, and suicidal, assaultive, and other high-risk behavior; and

    (e) Address skills in collaborating with other disciplines and services in promoting the safety of children and other family members and promoting the preservation of the family.

    (2) The department and the office of the administrator for the courts shall, within available funds, collaborate in providing training to judges, and others involved in the provision of services pursuant to this title, including service providers, on the function and use of preservation services.

NEW SECTION. Sec. 13.  The initial contracts under RCW 74.14C.030(3) shall be executed not later than July 1996 and shall expire June 30, 1997.  Subsequent contracts shall be for periods not to exceed twenty-four months.

NEW SECTION. Sec. 14.  A new section is added to chapter 74.13 RCW to read as follows:

    If the department is denied lawful access to records or information, or requested records or information is not provided in a timely manner, the department may petition the court for an order compelling disclosure. 

    (1) The petition shall be filed in the juvenile court for the county in which the record or information is located or the county in which the person who is the subject of the record or information resides.  If the person who is the subject of the record or information is a party to or the subject of a pending proceeding under chapter 13.32A or 13.34 RCW, the petition shall be filed in such proceeding.

    (2) Except as otherwise provided in this section, the persons from whom and about whom the record or information is sought shall be served with a summons and a petition at least seven calendar days prior to a hearing on the petition.  The court may order disclosure upon ex parte application of the department, without prior notice to any person, if the court finds there is reason to believe access to the record or information is necessary to determine whether the child is in imminent danger and in need of immediate protection.

    (3) The court shall grant the petition upon a showing that there is reason to believe that the record or information sought is necessary for the health, safety, or welfare of the child who is currently receiving child welfare services.

    Sec. 15.  RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

    (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

    (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

    (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

    (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

    (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

    (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

    (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

    (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction:  PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters:  PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection:  PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

    (iv) The juvenile is sixteen or seventeen years old and the alleged offense is:  (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of:  (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses:  Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately.  In such a case the adult criminal court shall have exclusive original jurisdiction.

    If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence.  If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

    (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

    (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; ((and))

    (h) Relating to court validation of a voluntary consent to ((foster care)) an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and

(i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to section 14 of this act.

    (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

    (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

    Sec. 16.  RCW 13.50.100 and 1990 c 246 s 9 are each amended to read as follows:

    (1) This section governs records not covered by RCW 13.50.050.

    (2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.

    (3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile.  Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the state-wide juvenile court information system.

    (4) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:

    (a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court:  PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or

    (b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile unless otherwise authorized by law; or

    (c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported suspected child abuse or neglect.

    (5) A juvenile or his or her parent denied access to any records following an agency determination under subsection (4) of this section may file a motion in juvenile court requesting access to the records.  The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsections (4) (a) and (b) of this section.

    (6) The person making a motion under subsection (5) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

    (7) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (4) of this section.

    (((8) Information concerning a juvenile or a juvenile's family contained in records covered by this section may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.))

    Sec. 17.  RCW 26.44.030 and 1993 c 412 s 13 and 1993 c 237 s 1 are each reenacted and amended to read as follows:

    (1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.

    (b) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report.  For the purposes of this subsection, "severe abuse" means any of the following:  Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

    (c) The report shall be made at the first opportunity, but ((; and)) in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect.  The report shall include the identity of the accused if known.

    (2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult.  However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.

    (3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

    (4) The department, upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to sexual abuse, shall report such incident to the proper law enforcement agency.  In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department.  In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department.  If the department makes an oral report, a written report shall also be made to the proper law enforcement agency within five days thereafter.

    (5) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed.  The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them.  In emergency cases, where the child, adult dependent, or developmentally disabled person's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours.  In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.

    (6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

    (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled.  Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person.  Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.

    (8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect.  If the parents fail to designate a second physician, the department may make the selection.  If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

    (9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute.  Violation of this subsection is a misdemeanor.

    (10) Upon receiving reports of abuse or neglect, the department or law enforcement agency may interview children.  The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents.  Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation.  Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes.  Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

    (11) Upon receiving a report of child abuse and neglect, the department or investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

    (12) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect.  The department shall maintain a log of screened-out nonabusive cases.

    (13) The department shall use a risk assessment process when investigating child abuse and neglect referrals.  The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue.  The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

    The department shall provide annual reports to the ((appropriate committees of the senate and house of representatives)) legislature on the effectiveness of the risk assessment process.

    (14) Upon receipt of a report of abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

    Sec. 18.  RCW 74.15.020 and 1994 c 273 s 21 are each amended to read as follows:

    For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

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

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

    (3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

    (a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

    (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

    (c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

    (d) "Day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

    (e) "Family day-care provider" means a licensed day-care provider who regularly provides day care for not more than twelve children in the provider's home in the family living quarters;

    (f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

    (g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

    (4) "Agency" shall not include the following:

    (a) ((Persons related by blood or marriage to the child, expectant mother, or persons with developmental disabilities in the following degrees:  Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin)) Persons related to the child, expectant mother, or person with developmental disabilities in the following ways:

(i) Any blood relative, including those of half blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(ii) Stepfather, stepmother, stepbrother, and stepsister;

(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even if a marriage is terminated; or

(v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

    (b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

    (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home;

    (d) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors;

    (e) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

    (f) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

    (g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

    (h) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

    (i) Licensed physicians or lawyers;

    (j) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

    (k) Facilities approved and certified under chapter 71A.22 RCW;

    (l) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

    (m) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

    (n) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

    (o) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

    (5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency.

    Sec. 19.  RCW 13.34.130 and 1994 c 288 s 4 are each amended to read as follows:

    If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

    (1) The court shall order one of the following dispositions of the case:

    (a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future.  In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

    (b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW.  Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with ((a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin)) a person who is related to the child as defined in RCW 74.15.020(4)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.  An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:

    (i) There is no parent or guardian available to care for such child;

    (ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

    (iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

    (iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

    (2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future.  In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

    (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

    (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

    (c) Conviction of the parent of one of the following assault crimes, when the child is the victim:  Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;

    (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

    (e) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

    (f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.

    (3) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:

    (a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals:  Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.

    (b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties.  All aspects of the plan shall include the goal of achieving permanence for the child.

    (i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

    (ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement.  Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

    (iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

    (iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase.  It shall report to the court if it is unable to provide such services.

    (c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition.  The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

    (4) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days.  However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement.  Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court.  Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

    (5) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue.  The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

    (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists.  The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal.  If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

    (b) If the child is not returned home, the court shall establish in writing:

    (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

    (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;

    (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

    (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

    (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

    (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

    (vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

    (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

    (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

    Sec. 20.  RCW 13.34.145 and 1994 c 288 s 5 are each amended to read as follows:

    (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first.  The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed.  The planning process shall include reasonable efforts to return the child to the parent's home.

    (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible.  The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals:  Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider.

    (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.

    (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months.  In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.

    (2)(a) For children ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered.  The hearing shall take place no later than twelve months following commencement of the current placement episode.

    (b) For children over ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered.  The hearing shall take place no later than eighteen months following commencement of the current placement episode.

    (3) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve or eighteen months, as provided in subsection (2) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree or guardianship order is entered, or the dependency is dismissed.

    (4) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

    (5) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(5) and shall review the permanency plan prepared by the agency.  If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280.  If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate.  In cases where the primary permanency planning goal has not yet been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.  In all cases, the court shall:

    (a)(i) Order the permanency plan prepared by the agency to be implemented; or

    (ii) Modify the permanency plan, and order implementation of the modified plan; and

    (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists; or

    (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.

    (6) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.130(5), and the court shall determine the need for continued intervention.

    (7) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

    (8) Except as otherwise provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.130(5), until the dependency is dismissed.  Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.

    (9) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency.  Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.

    (10) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights.

    (11) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

    Sec. 21.  RCW 74.13.280 and 1991 c 340 s 4 are each amended to read as follows:

    (1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency may share information about the child and the child's family with the care provider and may consult with the care provider regarding the child's case plan.  If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

    (2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law.

    (3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.

    Sec. 22.  RCW 74.15.120 and 1979 c 141 s 361 are each amended to read as follows:

    The secretary of social and health services may, at his or her discretion, issue ((a provisional)) an initial license instead of a full license, to an agency or facility for a period not to exceed six months, renewable for a period not to exceed two years, to allow such agency or facility reasonable time to become eligible for full license((, except that a provisional)).  An initial license shall not be granted to any foster-family home except as specified in this section.  An initial license may be granted to a foster-family home only if the following three conditions are met:  (1) The license is limited so that the licensee is authorized to provide care only to a specific child or specific children; (2) the department has determined that the licensee has a relationship with the child, and the child is comfortable with the licensee, or that it would otherwise be in the child's best interest to remain or be placed in the licensee's home; and (3) the initial license is issued for a period not to exceed ninety days.

    Sec. 23.  RCW 13.34.030 and 1994 c 288 s 1 are each amended to read as follows:

    For purposes of this chapter:

    (1) "Child" and "juvenile" means any individual under the age of eighteen years.

    (2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest.  If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

    (3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

    (4) "Dependent child" means any child:

    (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has ((evidenced)) expressed either by statement or conduct, ((a settled)) an intent to forego, for an extended period, ((all)) parental rights or ((all)) parental responsibilities despite an ability to do so.  If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

    (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

    (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or

    (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home.  However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.

    (5) "Guardian" means the person or agency that:  (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment.  The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

    (6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter.  A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

    (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent.  Such management shall include but is not limited to:  Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

    (8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

    (9) "Preventive services" means ((family)) preservation services, as defined in ((RCW 74.14C.010)) chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

    Sec. 24.  RCW 13.34.233 and 1994 c 288 s 8 are each amended to read as follows:

    (1) Any party may request the court to modify or terminate a dependency guardianship order under RCW 13.34.150.  Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed.  Notice shall in all cases be served upon the department of social and health services.  If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to initiate a proceeding to modify or terminate a guardianship and the right to intervene at any stage of such a proceeding.

    (2) The guardianship may be modified or terminated upon the motion of any party or the department if the court finds by a preponderance of the evidence that there has been a substantial change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship.  ((Unless all parties agree to entry of an order modifying or terminating the guardianship,)) The court shall hold a hearing on the motion before modifying or terminating a guardianship.

    (3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child.  The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.

    (4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department of social and health services or a licensed child-placing agency for placement in a foster home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to such chapter.  The court shall not place a child in the custody of the child's parent unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists and that such placement is in the child's best interest.  The court shall thereafter conduct reviews as provided in RCW 13.34.130(5) and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145.

    Sec. 25.  RCW 28A.225.330 and 1994 c 304 s 2 are each amended to read as follows:

    (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

    (a) Any history of placement in special educational programs;

    (b) Any past, current, or pending disciplinary action;

    (c) Any history of violent behavior;

    (d) Any unpaid fines or fees imposed by other schools; and

    (e) Any health conditions affecting the student's educational needs.

    (2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record including records of disciplinary action.  If the student has not paid a fine or fee under RCW 28A.635.060, the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, and records of disciplinary action.  If the official transcript is not sent due to unpaid fees or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

    (3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible.  Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith.   The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

NEW SECTION. Sec. 26.  A new section is added to chapter 74.13 RCW to read as follows:

    (1) The department, or agency responsible for supervising a child in out-of-home care, shall conduct a social study whenever a child is placed in out-of-home care under the supervision of the department or other agency.  The study shall be conducted prior to placement, or, if it is not feasible to conduct the study prior to placement due to the circumstances of the case, the study shall be conducted as soon as possible following placement.

    (2) The social study shall include, but not be limited to, an assessment of the following factors:

    (a) The physical and emotional strengths and needs of the child;

    (b) The proximity of the child's placement to the child's family to aid reunification;

    (c) The possibility of placement with the child's relatives or extended family;

    (d) The racial, ethnic, cultural, and religious background of the child;

    (e) The least-restrictive, most family-like placement reasonably available and capable of meeting the child's needs; and

    (f) Compliance with RCW 13.34.260 regarding parental preferences for placement of their children.

    Sec. 27.  RCW 13.34.110 and 1993 c 412 s 7 are each amended to read as follows:

    The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating the reasons therefor, and after it has announced its findings of fact shall hold a hearing to consider disposition of the case immediately following the fact-finding hearing or at a continued hearing within fourteen days or longer for good cause shown.  Unless there is reasonable cause to believe the safety or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who:  (1) Are related by blood or marriage to the child in the following degrees:  Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt; (2) are known to the department as having been in contact with the family or child within the past twelve months; and (3) would be an appropriate placement for the child.  The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad litem, and court-appointed special advocates, if any, are all in agreement.  The court shall receive and review a social study before entering an order based on agreement.  No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.  Notice of the time and place of the continued hearing may be given in open court.  If notice in open court is not given to a party, that party shall be notified by mail of the time and place of any continued hearing.

    All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court.  The general public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court.  If a child resides in foster care or in the home of a relative pursuant to a disposition order entered under RCW 13.34.130, the court may allow the child's foster parent or relative care provider to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.

    Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

NEW SECTION. Sec. 28.  RCW 74.14C.035 and 1992 c 214 s 8 are each repealed.

NEW SECTION. Sec. 29.  If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void."

ESSB 5885 - CONF REPT

By Conference Committee

                                                   ADOPTED 4/23/95

    On page 1, line 1 of the title, after "families;" strike the remainder of the title and insert "amending RCW 74.14C.005, 74.14C.010, 74.14C.020, 74.14C.030, 74.14C.040, 74.14C.050, 74.14C.060, 74.14C.070, 13.04.030, 13.50.100, 74.15.020, 13.34.130, 13.34.145, 74.13.280, 74.15.120, 13.34.030, 13.34.233, 28A.225.330, and 13.34.110; reenacting and amending RCW 26.44.030; adding new sections to chapter 74.14C RCW; adding new sections to chapter 74.13 RCW; creating new sections; repealing RCW 74.14C.035; and prescribing penalties."

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