S-4288.1  _______________________________________________

                SECOND SUBSTITUTE SENATE BILL 5258

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Long, Franklin and McAuliffe)

Read first time 01/12/96.

Making technical revisions to community public health and safety networks.

    AN ACT Relating to clarifying, technical, and administrative revisions to community public health and safety networks; amending RCW 70.190.010, 70.190.060, 70.190.080, 70.190.090, and 70.190.130; adding new sections to chapter 70.190 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1.  It is the intent of this act only to make minimal clarifying, technical, and administrative revisions to the laws concerning community public health and safety networks and to the related agencies responsible for implementation of the networks.  This act is not intended to change the scope of the duties or responsibilities, nor to undermine the underlying policies, set forth in chapter 7, Laws of 1994 sp. sess.

    Sec. 2.  RCW 70.190.010 and 1995 c 399 s 200 are each amended to read as follows:

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

    (1) "Assessment" has the same meaning as provided in RCW 43.70.010.

(2) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.

(3) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence.  At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.

(4) "Community public health and safety networks" or "networks" means the organizations authorized under RCW 70.190.060.

(5) "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))) (6) "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))) (7) "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))) (8) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary or policy-making authority for an organization listed in (a) of this subsection.  A person who acts solely in an advisory capacity and receives no compensation from a health, educational, social service, or justice system organization, and who has no budgetary or policy-making authority is deemed to have no fiduciary interest in the organization.

(9) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.

    (((5))) (10) "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)) funds from the violence reduction and drug enforcement account, created under RCW 69.50.520, appropriated for distribution by the council to the networks for plan implementation.  The network'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.))

(11) "Policy development" has the same meaning as provided in RCW 43.70.010.

(12) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors.  Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.

(13) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence.  Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms and substance, child, and sexual abuse.

    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)) authorizes community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety.  The networks have those powers and duties as authorized under this chapter or by other specific grants of authority.  The networks should 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 who live within the network boundary with no ((direct)) fiduciary interest ((in health, education, social service, or justice system organizations operating within the network area)).  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 live or work within the network boundary and shall include local representation ((from)) selected by 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)) service providers, broad-based nonsecular organizations, or health service providers ((from within the network area, and broad-based nonsecular organizations)); and public education.

    (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 upon council approval, no later than sixty days following its submission, unless the ((council chooses other members within twenty days after the list is submitted.  The council shall accept the list unless he or she believes the proposed)) list does not adequately represent all parties identified in subsection (3) of this section or a member has a ((conflict of)) prohibited fiduciary interest ((between his or her membership and his or her livelihood)).  The council shall notify the network chair of its disapproval of a proposed member or members and provide a deadline for submission of other nominees. 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.

    (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.))  Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a nominee to the council for its approval.  The council shall ensure the network remains in compliance with subsection (3) of this section.

    (6) Network members shall serve without compensation but may receive reimbursement, at the rates established under chapter 43.03 RCW, for necessary subsistence, lodging, and mileage expenses incurred in connection with official network duties.

(7) Networks ((meetings)) are subject to the open public meetings act under chapter 42.30 RCW and the public records provisions of RCW 42.17.270 through 42.17.310.

NEW SECTION. Sec. 4.  A new section is added to chapter 70.190 RCW to read as follows:

    (1) Each network shall contract with a public entity as its lead fiscal agent.  The contract shall grant the agent authority to perform fiscal, accounting, contract administration, legal, and other administrative duties, including the provision of liability insurance.  Any contract under this subsection shall be submitted to the council by the network for approval prior to its execution.  The council shall review the contract to determine whether the administrative costs will be held to a reasonable minimum.

    (2) The lead agent shall maintain a system of accounting for network funds consistent with the budgeting, accounting, and reporting systems and standards adopted or approved by the state auditor.

    (3) The lead agent may contract with another public or private entity to perform duties other than fiscal or accounting duties.

NEW SECTION. Sec. 5.  A new section is added to chapter 70.190 RCW to read as follows:

    No network member may vote to authorize, or attempt to influence the authorization of, any expenditure in which the member's immediate family has a fiduciary interest.  For the purpose of this section "immediate family" means a spouse, parent, grandparent, adult child, brother, or sister.

    Sec. 6.  RCW 70.190.080 and 1994 sp.s. c 7 s 305 are each amended to read as follows:

    (1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who:  (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school.  Funding for the scholarships may include public and private sources.

    (2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect ((with [within])) within the network.  Parents shall sign a voluntary authorization for services, which may be withdrawn at any time.  The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby.  The program may make the following services available to the families:

    (a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;

    (b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;

    (c) Parenting education and skills development;

    (d) Parenting and family support information and referral;

    (e) Parent support groups; and

    (f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination.  Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.

    These programs are intended to be voluntary for the parents involved.

    (3) ((The community network may include funding of)) In developing long-term comprehensive plans to reduce the rate of at-risk children and youth, the community networks shall consider increasing employment and job training opportunities in recognition that they constitute an effective network strategy and strong protective factor.  The networks shall consider and may include funding of:

    (a) At-risk youth job placement and training programs.  The programs shall:

    (i) Identify and recruit at-risk youth for local job opportunities;

    (ii) Provide skills and needs assessments for each youth recruited;

    (iii) Provide career and occupational counseling to each youth recruited;

    (iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;

    (v) Match each youth recruited with a business that meets his or her skills and training needs;

    (vi) Provide employment and training opportunities that prepare the individual for demand occupations; and

    (vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;

    (b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;

    (c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;

    (((d))) (4) The community network may include funding of:

(a) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;

    (((e))) (b) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;

    (((f))) (c) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and

    (((g))) (d) Technical assistance and training resources to successful applicants.

    Sec. 7.  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 will be given)) network has up to one year to submit the long-term comprehensive plan.  ((Upon application the community networks are eligible to receive funds appropriated under RCW 70.190.140.)) The council may, upon request of a network, approve one or more extensions for submission of its plan, not exceeding a total period of one year.

    (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, subject to the applicable matching fund requirement.

    (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.

(5) The networks shall, by contract, distribute funds (a) appropriated for plan implementation by the legislature, (b) appropriated to state agencies that can be distributed to the networks through the agency's legal authority, and (c) obtained from nonstate resources.  In distributing funds, the networks shall ensure that administrative costs are held to a minimum, so the most dollars flow to direct services.

(6) A network shall not provide services or operate programs.

(7) A network shall file a report with the council by May 1 of each year that includes but is not limited to the following information:  Detailed expenditures, programs under way, progress on contracted services and programs, and successes and problems in coordinating services within the network's boundary.  The report shall also include information on existing local programs that provide services to children, youth, and families, including information on outcomes achieved.

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

(1) 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))) (a) Promoted input from the widest practical range of agencies and affected parties, including public hearings;

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

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

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

    (((5))) (e) 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))) (f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate of at-risk children and youth;

(g) Integrated local programs that met the network's priorities and were deemed successful by the network;

(h) 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, child abuse or neglect, and domestic violence; and

(i) Held a public hearing on its proposed comprehensive plan and submitted to the council all of the written comments received at the hearing and a copy of the minutes taken at the hearing.

(2) The council may establish a maximum amount to be expended by a network for purposes of planning and administrative duties.

(3) The council may determine that a network is not in compliance with this chapter.  Upon a determination of noncompliance, the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's compliance.

NEW SECTION. Sec. 9.  A new section is added to chapter 70.190 RCW to read as follows:

    Each participating state agency shall review each network's plan to determine the plan's impact on the agency.  The agency shall complete the review and respond to the network within ninety days of receipt of the plan.  The response shall identify any necessary actions on the part of the agency, acting within the scope of its authority, that are necessary to fulfill the requirements of this chapter.  The agencies shall immediately undertake implementation of the necessary actions.

NEW SECTION. Sec. 10.  A new section is added to chapter 70.190 RCW to read as follows:

    (1) The network members are immune from all civil liability arising from their conduct as a network member, except for their intentional tortious acts or acts of official misconduct.

    (2) The assets of a network are not subject to attachment or execution in satisfaction of a judgment for the tortious acts or official misconduct of any network member or for the acts of any agency or program to which it provides funds.

NEW SECTION. Sec. 11.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12.  The amendments to RCW 70.190.060 in 1996 c . . . s 3 (section 3 of this act) shall apply prospectively only and are not intended to affect the composition of any community public health and safety network's membership that has been approved by the family policy council prior to the effective date of this section.

NEW SECTION. Sec. 13.  (1) Section 7 of this act shall take effect July 1, 1996.

    (2) Sections 8 and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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