BP BHEAD INT S

AN ACT Relating to services to families; 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, 13.50.010, 13.50.100, 74.15.020, 13.34.130, 13.34.145, 74.13.280, 13.04.033, 74.15.120, 13.34.030, 13.34.233, and 28A.225.330; reenacting and amending RCW 26.44.030; adding new sections to chapter 74.14C RCW; adding new sections to chapter 74.13 RCW; adding a new section to chapter 13.50 RCW; adding a new section to chapter 74.15 RCW; repealing RCW 74.14C.035; and prescribing penalties.

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

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 foster care is increasing and that a number of children receive long-term foster care protection. Further, reasonable efforts by the department to shorten foster care 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 foster care and have the effect of eventually lowering foster care expenditures and strengthening the family unit.

Within available funds, the legislature intends that the department focus child welfare services on protecting the child and strengthening families and, to the extent possible, provide necessary services in the family setting, drawing upon the strengths of the family. The legislature further intends that the services should 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 foster 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 individual family needs and be culturally relevant; ((~~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 section . . . of this act. 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 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) "Intensive family preservation services" means culturally relevant 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 foster care placement, and that have all of the characteristics delineated in RCW 74.14C.020 (1) and (3).

(3) "Family preservation services" means culturally relevant in-home and 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).

(4) "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)~~)) (5) "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.

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 who have received at least forty hours of training ((~~from recognized~~)) in intensive family preservation services ((~~experts~~)). Caseworkers provide 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;

((~~(3)~~)) (c) The services to the family are provided by a single caseworker, with backup caseworkers 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 and 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 averaging twelve families per service provider, which can be adjusted according to exceptions defined by the department.

(3) Intensive family preservation services and family preservation services shall include the following characteristics in addition to those already specified in this section:

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

(b) Caseworkers and direct 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;

(d) Services that 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 self-sufficiency; and

(e) Services that 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 intensive family preservation services and 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 public health and safety networks for the implementation and expansion of intensive family preservation services and 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 time-limited, outcome-based, competitive contracts with ((~~private, nonprofit~~)) social service agencies to provide intensive family preservation services and family preservation services, provided that such agencies meet measurable standards specified by this chapter and by the department. These contracts shall be bid on a biennial basis, unless there is no qualified agency to provide intensive family preservation services and family preservation services.

(((4) The department shall not continue direct provision of family preservation services unless it is demonstrated that provision of such services prevents foster care 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~~)) No contract ((~~with a service provider~~)) may be renewed unless the provider can demonstrate that provision of services prevents foster care placement in at least seventy percent of the cases served for a period of at least six months following termination of service.

Sec. 5. 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 or is at actual, imminent risk of foster care 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 available services including intensive family preservation services and family preservation services that will prevent foster care 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;

(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;

(e) 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)~~)) (f) 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. 6. 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

(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 and there are no current service openings;

(d) The department or the contracted 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. 7. A new section is added to chapter 74.14C RCW to read as follows:

Each caseworker who refers a client for intensive family preservation services or family preservation services shall file a report with his or her direct supervisor stating the reasons for which the client was referred. The direct supervisor shall ensure that the family who is the subject of a referral for intensive family preservation services or family preservation services meets the eligibility criteria for services as provided in chapter . . ., Laws of 1995 (this act). 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. 8. 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 intensive family preservation services or family preservation services shall submit to the legislature an implementation 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;

((~~(b) Collect~~)) (2) Necessary data on which to base program success or failure, 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 intensive family preservation services and family preservation services on a ((~~state-wide~~)) phased-in basis;

((~~(e) Develop a long-range~~)) (5) A plan and time frame for ((~~expanding the availability~~)) phased-in implementation of intensive family preservation services ((~~and ultimately making such services available to all eligible families~~)) and family preservation services 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 due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and ((~~assess~~)) an assessment of the feasibility of ((~~expanding~~)) providing intensive family preservation service ((~~eligibility~~)) and family preservation services to include all of these children.

(((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.))

NEW SECTION. Sec. 9. A new section is added to chapter 74.14C RCW to read as follows:

Upon the effective date of this section, the department shall carry out those functions necessary as provided in RCW 74.14C.050. The phased-in implementation of the plan contained in RCW 74.14C.050 shall begin no later that February 1, 1996.

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

For the purpose of providing intensive family preservation services ((~~to children who would otherwise be removed from their homes,~~)) and family preservation services 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 intensive family preservation services, family preservation services, and other preventive services for children at imminent risk of foster care 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 intensive family preservation services and family 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 chapter . . ., Laws of 1995 (this act) 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)) regarding any transfers under this section. The secretary shall include caseload, expenditure, cost avoidance, identified improvements to the foster care system, and outcome data related to the transfer in the ((~~notification~~)) report.

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 ongoing training and consultation to department personnel to carry out their responsibilities effectively. Such training may:

(a) Include range of topics that includes 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 assessment of risk, case assessment, 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 family court and juvenile judges, and others involved in the provision of services pursuant to this chapter, including service providers, on the function and use of intensive family preservation services and family preservation services.

NEW SECTION. Sec. 13. A new section is added to chapter 74.13 RCW to read as follows:

This section governs release of and access to child welfare records.

(1) For purposes of this section:

(a) "Child welfare records" means records of the department of social and health services and its contracting agencies that contain client identifying information and that pertain to requests or applications for child welfare services, receipt of child welfare services, or provision of child welfare services to a client.

(b) "Child welfare services" means those services set forth in RCW 74.13.020 and 74.13.031.

(d) "Legally authorized representative" means a person or agency authorized by court order, statute, or common law to access information about or on behalf of the represented person.

(e) "Parent" means the biological or adoptive parent of a child unless the legal rights of that person have been terminated by judicial proceedings.

(f) "Record information" means any information, regardless of physical form or characteristics, that is contained in child welfare records.

(2) Child welfare records are confidential. Records and record information may only be released in accordance with the provisions of this section and other applicable federal and state laws. This section shall be interpreted and implemented in a manner that is consistent with applicable federal laws related to funding of child welfare programs. Unauthorized disclosure of child welfare records is a gross misdemeanor.

(3) With the exception of information related to adoption, child welfare record information about a client may be disclosed to that client.

(a) If the client is a child who is less than eighteen years of age, information about the child may be disclosed to the child's parent, legal guardian, or other legally authorized representative, unless:

(i) The child is legally emancipated or married; or

(ii) The information pertains to services or treatment that the child has a right to receive without the consent of any person or agency.

(b) If a law enforcement or child protective services investigation of alleged child abuse or neglect is pending at the time that a request for information is made by or on behalf of a client, the department shall not disclose information pursuant to this subsection if disclosure would impede or compromise the investigation.

(c) The department shall not disclose information pursuant to this subsection if there is reason to believe that disclosure would seriously endanger or harm a child or a child's parent or legal guardian. For the protection of the child, the department shall not disclose the child's address, phone number, or other information that would make the child's whereabouts easily traceable, unless:

(i) The person requesting the information demonstrates that he or she has an existing legal right to the information;

(ii) A person who has the right to legal custody of the child consents to disclosure of the information; or

(iii) A valid court order requires or authorizes the department to disclose the information.

(d) Information related to a child's adoption and identifying information regarding adoptees, adoptive parents, and birth parents may be released only as provided in chapter 26.33 RCW.

(4) Child welfare record information may be disclosed to other persons or agencies with the written consent of a client who is the subject of the information.

(a) If the client is a child who is less than eighteen years of age, information about the child may be disclosed with the written consent of the child's parent, legal guardian, or other legally authorized representative, unless:

(i) The child is legally emancipated or married; or

(ii) The information pertains to services or treatment that the child has the right to receive without the consent of any person or agency.

(b) If the circumstances described in (a) (i) or (ii) of this subsection exist, information may be disclosed only with the written consent of the child, and the consent of the child's parent or any other person is not necessary.

(c) When a person consents to disclosure of information under this subsection, the department may disclose only that information which the department would be authorized to disclose to such person under subsection (3) of this section.

(5) Child welfare record information may be disclosed, without client consent, to the following agencies or persons under the conditions specified in this subsection. Disclosure shall be limited to the information that is relevant to the purposes for which disclosure is authorized. Recipients of child welfare record information shall keep the information confidential and shall not further disseminate or disclose the information except as authorized by this section or other applicable state or federal laws. Record information may be disclosed to persons or agencies for purposes directly connected with the administration of child welfare programs, child support programs, or other public assistance programs under Title 74 RCW. Additionally, record information may be disclosed to:

(a) Any person or agency legally mandated by state, federal, or tribal law to receive and investigate reports of known or suspected child abuse or neglect;

(b) Any person or agency legally authorized to place a child in protective custody when the person or agency reasonably suspects that a child may be abused or neglected and the person or agency requires the information in order to determine whether to place the child in protective custody;

(d) A court, in any proceeding under Title 13 RCW or any proceeding related to the care and custody of the child who is the subject of the information;

(e) A court or the presiding officer in an adjudicative proceeding under chapter 34.05 RCW, when making a determination regarding a request for an order authorizing disclosure of information;

(f) Subject to the rules of discovery in civil cases and the provisions of RCW 13.50.100(4), the parties to a proceeding under chapter 13.32A or 13.34 RCW, any party's attorney, and any party's court-appointed guardian ad litem;

(g) The parties to a court or grand jury proceeding or an adjudicative proceeding conducted pursuant to chapter 34.05 RCW, any party's attorney, and any party's court-appointed guardian ad litem when the court or the presiding officer in an adjudicative proceeding has entered an order authorizing disclosure of the information. The party requesting disclosure shall provide notice of the request to the record custodian and to all other parties to the proceeding. Prior to entry of an order authorizing disclosure, the judge or presiding officer shall review the records in camera, determine the relevancy and necessity of such disclosure, and limit disclosure to such legally relevant and necessary information, not otherwise privileged, under an appropriate protective order;

(h) A court-appointed guardian ad litem of a child who is the subject of the information;

(i) Any person or agency providing services to a child or the child's family pursuant to a court-ordered case plan or a case plan developed by the department or its contracting agencies;

(j) A physician treating a child whom the physician reasonably suspects may be abused or neglected when the physician requires the information in order to diagnose the child's condition, determine the cause of the condition, or treat the child;

(k) Any person or agency designated by a court, the department, or its contracting agencies to diagnose, care for, treat, or supervise a child who is the subject of the information;

(l) A person about whom a report of child abuse or neglect has been made. Disclosure shall be limited to the information that directly pertains to the person requesting the information. Identifying information pertaining to the victim shall be deleted from the information that is disclosed unless the person requesting the information is not the alleged victim or the parent, legal guardian, or other legally authorized representative of the alleged victim. If the person requesting the information was providing care to the child at the time of the alleged abuse or neglect and such person, pursuant to chapter 74.15 RCW, was licensed, employed by a licensed agency, or authorized by the department to provide such care, the department may disclose the child's name to such person;

(m) Members of multidisciplinary teams convened by the department or its contracting agencies for purposes of case plan development and consultation;

(n) Members of multidisciplinary teams convened by the department, the department of health, or local health departments for the purpose of investigating or reviewing cases involving child fatalities;

(o) Federally recognized and nonrecognized Indian tribes in which a child is or may be a member or eligible for membership, and tribes and Indian organizations providing services to a child or the child's family;

(p) Any person or agency consulted by the department or its contracting agencies for purposes related to case plan development;

(q) Any person or agency responsible for carrying out requirements and responsibilities under chapter 74.15 RCW;

(r) Juvenile justice or care agencies and other persons, as provided in chapter 13.50 RCW;

(s) Any person or agency authorized to receive information pursuant to the provisions of chapter 26.44 RCW;

(t) Foster parents or any other person who provides residential care to a child placed in out-of-home care, as provided in RCW 74.13.280;

(u) Prospective adoptive parents, as provided in chapter 26.33 RCW;

(v) Dependency guardians, as provided in RCW 74.13.280 or as specified by court order;

(w) Any person or agency conducting a bona fide research project, subject to any conditions or limitations specified in applicable federal or state laws;

(x) Duly designated representatives of approved private welfare agencies, public officials, members of legislative interim committees, and advisory committees, as provided in RCW 74.04.060;

(6) When a particular case is of legitimate concern to the general public, the department may verbally confirm factual details regarding how the case was handled by the department. Additional information may be released to the public only with the express written permission of the persons who are the subject of the information or their legally authorized representatives. If a guardian ad litem has been appointed to represent a child, information about the child will not be disclosed to the general public without the consent of the child's guardian ad litem.

(7) Nothing in this section shall be interpreted to:

(a) Require disclosure of any information, including identifying information regarding persons or agencies who have reported suspected child abuse or neglect to the department or law enforcement;

(b) Prevent the department from summarizing the outcome of a child abuse or neglect investigation to the person who reported the known or suspected abuse or neglect;

(c) Affect state laws or procedures concerning the confidentiality of criminal court proceedings or the criminal justice system.

(8) The department may adopt rules and develop regulations consistent with the provisions of this section.

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

(1) Regardless of any other state law provision to the contrary, and except as otherwise provided in this section, the department shall be given access to the following information upon request:

(a) Records and information pertaining to a child who is the subject of a child abuse or neglect investigation, as provided in RCW 26.44.030(11);

(b) Records and information pertaining to a child who is currently receiving child welfare services when the department is providing or supervising the provision of such services;

(c) Records and information pertaining to a parent's, child's, or other person's compliance with the requirements of a court-ordered case plan when the department is responsible for supervising the implementation of the plan.

(2) If access to records or information is denied, the department may petition the court for an order compelling disclosure.

(a) 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 proceeding under chapter 13.32A or 13.34 RCW, the petition shall be filed in such proceeding.

(b) 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 that access to the record or information is necessary to determine whether the child is in imminent danger and in need of immediate protection.

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

(3) Records or information regarding testing, diagnosis, or treatment of HIV/AIDS or any sexually transmitted disease may be released only in accordance with the provisions of chapter 70.24 RCW.

(4) Nothing in this section shall be interpreted to require any person or agency to provide records or information in violation of applicable federal laws.

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;

(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 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 chapter 74.13 RCW.

(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 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency ((~~in the case~~)) pertaining to the juvenile. Licensing files in the possession of the department of social and health services or its contracting agencies are not records for purposes of this chapter. Access to and release of licensing files and the information contained in such files is governed by chapter 74.15 RCW.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) 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.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

(10) This chapter applies whenever a juvenile justice or care agency is pursuing an investigation involving a juvenile, supervising a juvenile, or providing services to a juvenile, regardless of whether the juvenile is the subject of a pending proceeding under this title.

(11) Regardless of any other state law provision to the contrary, and except as otherwise provided in this chapter, juvenile justice or care agencies that are pursuing an investigation involving a juvenile, supervising a juvenile, or providing services to a juvenile may share information with one another regarding such juvenile. Schools receiving information pursuant to this chapter shall use the information solely for the purpose of developing educational service plans for and providing educational services to the juvenile who is the subject of the information. Records or information pertaining to the testing, diagnosis, or treatment of HIV/AIDS or any sexually transmitted disease may be released only in accordance with the provisions of chapter 70.24 RCW.

Sec. 17. 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, except that:

(a) Child welfare records in the possession of the department of social and health services and its contracting agencies may be released as provided in chapter 74.13 RCW; and

(b) School records may be released in accordance with applicable federal and state laws.

(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 governed by this section that are retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care agency system as provided in this section and RCW 13.50.010. 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) When a proceeding is pending under chapter 13.32A or 13.34 RCW, 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, 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; 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.))

NEW SECTION. Sec. 18. A new section is added to chapter 13.50 RCW to read as follows:

The office of the attorney general, the department of social and health services, and the office of the superintendent of public instruction shall develop and publish a guide to state and federal juvenile confidentiality laws. The guide shall be in a format that is understandable and useful to the general public.

Sec. 19. 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 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. 20. 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)) Any person related to a child in the following degree:

(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 his or her 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) 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, shall be 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 19 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. 21. 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. 22. 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.

(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. 23. 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. 24. RCW 13.04.033 and 1990 c 284 s 35 are each amended to read as follows:

(1) Any person aggrieved by a final order of the court may appeal the order as provided by this section. All appeals in matters other than those related to commission of a juvenile offense shall be taken in the same manner as in other civil cases. Except as otherwise provided in this title, all appeals in matters related to the commission of a juvenile offense shall be taken in the same manner as criminal cases and the right to collateral relief shall be the same as in criminal cases. The order of the juvenile court shall stand pending the disposition of the appeal: PROVIDED, That the court or the appellate court may upon application stay the order.

(2) If the final order from which an appeal is taken grants the custody of the child to, or withholds it from, any of the parties, or if the child is committed as provided under this chapter, the appeal shall be given priority in hearing.

(3) In the absence of a specific direction from the party seeking review to file the notice, or the court-appointed guardian ad litem, the court may dismiss the review pursuant to RAP 18.9. To the extent that this enactment [1990 c 284] conflicts with the requirements of RAP 5.3(a) or RAP 5.3(b) this enactment [1990 c 284] shall supersede the conflicting rule.

(4) In an appeal taken from a proceeding under chapter 13.32A or 13.34 RCW, the juvenile court file, the trial court record of the proceeding, clerk's papers, pleadings, exhibits, and transcripts are confidential. Appellate briefs and decisions shall use initials or pseudonyms to identify the juvenile and the juvenile's family.

(a) Confidential documents, and any information contained therein, may be released to the public only upon entry of an order, issued by the court in which the appeal is pending, authorizing release of the documents or information.

(b) The court may enter an order authorizing release of confidential documents and information only when the court finds:

(i) There is a compelling public interest that requires release of the documents or information; and

(ii) Release will not be detrimental to the child who is the subject of the proceeding.

(c) The court shall not authorize the release of any documents or information that identifies or could reasonably be expected to identify the child or the child's family.

Sec. 25. 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 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~~)) however a provisional license shall not be granted to any foster-family home except as specified in this section. A provisional 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 provisional license is issued for a period not to exceed ninety days.

Sec. 26. 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, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

Sec. 27. 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.

NEW SECTION. Sec. 28. A new section is added to chapter 74.15 RCW to read as follows:

(1) Except as provided in this section or other applicable state or federal laws, licensing records shall be disclosed in accordance with chapter 42.17 RCW. For purposes of this section, "licensing records" means records of the department of social and health services that contain information related to licensing decisions and actions of the department or information related to persons or agencies licensed under this chapter.

(2) The following information is confidential and may only be disclosed in accordance with this section or other applicable state or federal laws:

(a) The residence address and telephone number of any person licensed under this chapter, any person employed by a licensed agency, and any person authorized to provide care under this chapter;

(b) The business address and telephone number of any person licensed as a foster family home or authorized to provide foster care under this chapter;

(c) The name, address, and any identifying information regarding any person who is receiving care or has received care in a home or facility licensed under this chapter or by a person authorized to care under this chapter. For purposes of this section, "identifying information" means:

(i) The person's name and address;

(ii) The name and address of the person's family members;

(iii) Personal identifiers, such as the person's social security number; and

(iv) Personal characteristics or any other information that would make the person's identity easily traceable;

(d) Applications for licensure and any other information obtained by or submitted to the department pursuant to the application process, including letters of reference;

(e) Conviction record information and dependency record information obtained by the department pursuant to RCW 74.15.030(2)(b).

(3) Information set forth in subsection (2) of this section may be disclosed in accordance with subsection (4) of this section or with the consent of the person who is the subject of the information. Information in subsection (2)(c) of this section pertaining to a person under age eighteen may be disclosed with the consent of the child's parent or legal guardian, except that information about a child in residential care may only be disclosed in accordance with the provisions of section . . . of this act.

(4) Information set forth in subsection (2) of this section may be disclosed to persons or agencies for purposes connected to the administration of this chapter, the administration of child welfare or child care programs under chapter 74.13 RCW, or the administration of public assistance programs. Such information may also be disclosed to:

(a) Law enforcement agencies;

(b) Licensed child placement agencies;

(c) Any person or agency conducting a bona fide research project, subject to any conditions or limitations specified in applicable federal or state laws;

(d) Duly designated representatives of private welfare agencies, public officials, members of legislative interim committees, and advisory committees.

(5) The department is not required to disclose the following information:

(a) Any information that, if disclosed, would be detrimental to the health, safety, or welfare of any person who is receiving care or has received care in a home or facility licensed under this chapter or by a person or agency authorized to provide such care under this chapter;

(b) Information compiled in the course of an investigation of a person or home licensed under this chapter or investigation of a person or agency authorized to provide care under this chapter, but only if nondisclosure is essential to effective law enforcement or enforcement of the provisions of this chapter.

(6) Reports and records of the child protective services section of the department and any other child welfare records that may be contained in licensing records may only be disclosed in accordance with the provisions of section . . . of this act.

Sec. 29. 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;

(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~~)) by express mail or another means designed to deliver the records within two school days after receiving the request. 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. 30. RCW 74.14C.035 and 1992 c 214 s 8 are each repealed.