BP BHEAD INT H

AN ACT Relating to community public health and safety networks; and amending RCW 70.190.005, 70.190.010, 70.190.060, 70.190.070, 70.190.090, 70.190.100, 70.190.120, 70.190.130, and 69.50.520.

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

Sec. 1. RCW 70.190.005 and 1994 sp.s. c 7 s 301 are each amended to read as follows:

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

However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help reconstruct family and community networks to assist in meeting the needs of children.

The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of an approach that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

The purposes of this chapter are to (1) ((to)) modify public policy and programs to empower communities to support and respond to the needs of individual families and children ((~~and~~)), (2) ((to)) improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies, and (3) ensure that in providing and coordinating these programs, administrative costs are held to a minimum so the most dollars flow to planning and direct services.

Sec. 2. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.

(2) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.

(3) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees, one legislator from each caucus of the senate and house of representatives, and one representative of the governor.

(4) "Outcome based" means defined and measurable outcomes and indicators that make it possible for communities to evaluate progress in meeting their goals and whether systems are fulfilling their responsibilities.

(5) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a consortium's project. Up to half of the consortium's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

(6) (("Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively)) "Community public health and safety network" means the regional public agency, whose members are volunteers, and which is approved by the council. A network is organized for the purpose of designing and implementing a plan to provide coordinated services within the network's boundary with the goal of reducing risk factors for youth within that boundary.

(7) "Beneficial interest" for the purposes of satisfying membership requirements as set forth in RCW 70.190.060 has the meaning ascribed to it under Washington case law. However, having an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests.

(8) "Financial interest" for the purposes of satisfying network membership requirements as set forth in RCW 70.190.060 means (a) being beneficially interested, directly or indirectly, in a contract, grant, or other authorized transaction that will be made or coordinated, in whole or in part, by or through the network upon which the member serves, or (b) accepting, directly or indirectly, any compensation, gratuity, or reward from another person beneficially interested in the contract, grant, or any other authorized transaction with the network.

Sec. 3. RCW 70.190.060 and 1994 sp.s. c 7 s 303 are each amended to read as follows:

(1) The legislature ((~~intends to create~~)) hereby establishes community public health and safety networks as regional public agencies having those powers and duties provided to them by law. The legislature intends that through the exercise of their statutory duties and authority, the networks will serve to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety((~~. The networks should~~)) and to empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.

(2) A group of persons described in subsection (3) of this section may apply by December 1, 1994, to be a community public health and safety network.

(3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens with no ((~~direct fiduciary interest in health, education, social service, or justice system organizations operating within the network area~~)) beneficial or financial interest in organizations operating within the network boundary that provide services under contract, grant, or other authorized transaction with or through the network. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations which may exist within the network. The thirteen persons shall be selected as follows: Three by the chambers of commerce located in the network, three by school board members of the school districts within the network boundary, three by the county legislative authorities of the counties within the network boundary, three by the city legislative authorities of the cities within the network boundary, and one high school student, selected by student organizations within the network boundary. The remaining ten members shall include local representation from the following groups and entities: Cities, counties, federally recognized Indian tribes, parks and recreation programs, law enforcement agencies, superior court judges, state children's service workers from within the network area, employment assistance workers from within the network area, private social, educational, or health service providers from within the network area, and broad-based nonsecular organizations.

(4) A list of the network members shall be submitted to the council by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final ((~~unless the council chooses other members within twenty days after the list is submitted~~)) upon council approval, or sixty days following the submission of the list by the network chair, whichever occurs sooner. The council shall accept the ((~~list~~)) members as submitted unless ((~~he or she~~)) the council believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a ((~~conflict of interest between his or her membership and his or her livelihood~~)) prohibited beneficial or financial interest in the contract, grant, or other authorized funding mechanism with the network. If the council does not approve a member of the proposed network list, the council shall notify the network chair and specify a deadline for resubmission. The network shall provide information to the council that indicates what efforts were made to recruit broad representation from the community. Members of the community network shall serve terms of three years.

The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. The same process shall be used in the selection of the chair and members for subsequent terms. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term. The network shall notify the council of changes in membership and secure the council's approval.

(5) ((The network shall select a public entity as the lead fiscal agency for the network. The lead agency may contract with a public or private entity to perform other administrative duties required by the state. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents)) Each network shall contract with the following entities to perform the fiscal, accounting, contract administration, legal, and other administrative functions of the network: (a) A school district, educational service district, city, county, or tribal agency, which are within the network; or (b) a state agency. These entities may subcontract with a public or private entity to perform the network's administrative, but not fiscal, functions. A network's contracts shall be approved by the council to ensure that administrative costs are held to a minimum so the most dollars flow to planning and direct services. The council may require a lid on administrative and planning costs in approving network plans and contracts.

(6) The networks and their fiscal agents shall comply with the accounting and reporting requirements of chapter 43.09 RCW and shall be subject to examination and audit by the state auditor and the department of social and health services. Network meetings are subject to the open public meetings act under chapter 42.30 RCW.

(7) Network members shall serve without compensation but shall be eligible to receive reimbursement from the network for necessary mileage expense incurred in traveling to and from official network meetings at the rate established under RCW 43.03.060.

Sec. 4. RCW 70.190.070 and 1994 sp.s. c 7 s 304 are each amended to read as follows:

The community public health and safety networks shall:

(1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;

(2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under RCW 43.70.555;

(3) Develop long-term comprehensive plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;

(4) ((~~Distribute funds to~~)) Contract with service providers for local programs that reflect the locally established priorities of the network's plan and as provided in RCW 70.190.140, but shall not provide or operate programs or services directly;

(5) Comply with outcome-based standards;

(6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; ((~~and~~))

(7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth;

(8) Have authority to contract with service providers under subsection (4) of this section with funds provided for that purpose by federal, state, or local government and private donation; and

(9) File a report with the family policy council by May 1 of each year that includes but is not limited to the following information: Detailed expenditures, programs under way, progress on providing services, and successes and problems in coordinating services within the network's boundary.

Sec. 5. RCW 70.190.090 and 1994 sp.s. c 7 s 306 are each amended to read as follows:

(1) A community network that has its membership finalized under RCW 70.190.060(4) shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the ((~~region~~)) network will be given up to one year to submit the long-term comprehensive plan. A network may request an extension for planning. The family policy council may grant a network an extension for planning on a month-to-month basis for a total period not to exceed one year. Upon application the community networks are eligible to receive funds appropriated under RCW 70.190.140.

(2) The council shall enter into biennial contracts with community networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to RCW 43.41.195.

(3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.

(4) The council shall notify the community networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.

Sec. 6. RCW 70.190.100 and 1994 sp.s. c 7 s 307 are each amended to read as follows:

The family policy council shall:

(1) Establish network boundaries no later than July 1, 1994. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;

(2) Develop a technical assistance and training program to assist communities in creating and developing community networks and comprehensive plans;

(3) Approve the structure, purpose, goals, plan, contracts, and performance measurements of each community network;

(4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in RCW 70.190.110, which could be transferred, in all or part, to the community networks, and report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year;

(5) Reward community networks that show exceptional success as provided in RCW 43.41.195;

(6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;

(7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;

(8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;

(b) The legislature intends that this monitoring be used by the Washington state institute for public policy, together with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and

(9) Review the implementation of chapter 7, Laws of 1994 sp. sess. and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.

If the council determines that a network is in noncompliance with the requirements of this chapter, the council may take action to revoke the network's status and specify a deadline and a process for the network to come into compliance.

Sec. 7. RCW 70.190.120 and 1994 sp.s. c 7 s 309 are each amended to read as follows:

(1) The participating state agencies shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning((,)) and coordination((~~, and program administration~~)) responsibilities to community networks, after the approval under RCW 70.190.130 of their comprehensive plans. The community networks 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 section 101, chapter 7, Laws of 1994 sp. sess. and RCW 74.14A.020.

(2) The community networks 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 71.36 RCW.

(3) Any state or federal funds identified for contracts with community networks shall be transferred with no reductions.

Sec. 8. RCW 70.190.130 and 1994 sp.s. c 7 s 310 are each amended to read as follows:

The council shall only disburse funds to a community network after a comprehensive plan has been prepared by the network and approved by the council or as provided in RCW 70.190.140. In approving the plan the council shall consider whether the network:

(1) Promoted input from the widest practical range of agencies and affected parties;

(2) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;

(3) Obtained a declaration by the largest health department within the network's boundaries, ensuring that the plan met minimum standards for assessment and policy development relating to social development according to RCW 43.70.555;

(4) Held a public hearing after serving notice to constituent groups represented on the network, juvenile courts within the network boundary, and other interested groups within the network boundary, and submitted comments received at the hearing to the council with the plan;

(5) Included a specific mechanism of data collection and transmission based on the rules established under RCW 43.70.555;

((~~(5)~~)) (6) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; and

((~~(6)~~)) (7) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, or dropping out of school.

Sec. 9. RCW 69.50.520 and 1994 sp.s. c 7 s 910 are each amended to read as follows:

The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110((~~(5)~~)) (8), 66.24.210(4), 66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., as now or hereafter amended, including state incarceration costs. At least seven and one-half percent of ((~~expenditures from~~)) all designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(3), 69.50.505(h), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 deposited into the account shall be used for providing grants to community public health and safety networks under chapter 70.190 RCW by the family policy council.