6627-S

AN ACT Relating to reform of social and health services; amending RCW 41.06.076, 26.44.015, 26.44.030, 26.44.035, 26.44.040, 26.44.053, 26.44.060, 13.50.100, 70.124.040, 70.129.030, 74.13.031, 74.15.030, 74.34.050, 74.34.070, and 13.50.010; reenacting and amending RCW 26.44.020; adding new sections to chapter 41.06 RCW; adding new sections to chapter 43.20A RCW; adding a new chapter to Title 44 RCW; creating new sections; making appropriations; providing an effective date; providing an expiration date; and declaring an emergency.

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

PART I--SOCIAL WORKER TEAMS

Sec. 1. RCW 41.06.076 and 1993 c 281 s 22 are each amended to read as follows:

In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of social and health services to the secretary; the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to exceed six bureau chiefs; all social worker V positions; and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents: PROVIDED, That each such confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the Washington personnel resources board.

NEW SECTION. Sec. 2. A new section is added to chapter 41.06 RCW to read as follows:

The salary and fringe benefits of all social worker V positions created under RCW 41.06.076 shall be determined by the Washington personnel resources board. In establishing the salary and fringe benefits the board shall consider: (1) The consequences of extended travel and out of home living; (2) the importance to the department of caseload reduction and increased efficiencies; (3) the requirements of and qualifications involved in caseworker training; (4) the complexity of the work requirements; and (5) the desirability of avoiding employee turnover in these positions.

The salary and fringe benefits shall exceed that of the highest position in the social worker classification on the effective date of this section.

NEW SECTION. Sec. 3. A new section is added to chapter 43.20A RCW to read as follows:

There is created in the department the classification of social worker V. Employees who are appointed to fill the position shall have: (1) An employment history that demonstrates significant and successful experience in the efficient investigation and resolution of high-risk or complex cases involving child abuse and neglect, including child sex abuse cases; (2) advanced education and training; (3) supervisory experience; (4) a demonstrated commitment to professional improvement and advancement; and (5) capacity to successfully provide support and mentoring to coworkers. Social worker V positions shall not be included in the Washington management service. This classification shall not have more than forty positions.

NEW SECTION. Sec. 4. A new section is added to chapter 43.20A RCW to read as follows:

The secretary shall establish the most cost-effective and efficient administrative structure for utilization of the social worker V positions, consistent with the requirements of this section. The social worker V employees shall be assigned by the secretary to regions where the average child protective services' caseloads exceed the state-wide average, with consideration also given to the number of high-risk or complex cases in a region, for the purpose of assisting in the reduction of the caseload, training and mentoring other caseworkers, and providing hands-on training and assistance in high-risk, complex, or large cases. The social worker V employees shall be assigned high-risk and complex cases consistent with their qualifications and the goal of caseload reduction. They shall carry no more than one-third the average number of cases for social workers in the region to which they are assigned.

The social worker V employees shall be assigned to a region as a task force consisting of no less than ten employees. The assignment shall be time-limited and in no event shall exceed two years in duration in any one region. Upon completion of the work in the region the task force members shall continue to remain in contact with the coworkers from the previous assignment for a period of twelve months to perform additional follow-up and mentoring.

NEW SECTION. Sec. 5. A new section is added to chapter 43.20A RCW to read as follows:

The secretary shall develop a plan for implementation for the social worker V employees. The implementation plan shall be submitted to the governor and the legislature by September 1, 1996.

NEW SECTION. Sec. 6. A new section is added to chapter 43.20A RCW to read as follows:

The Washington state institute for public policy shall conduct or contract for monitoring and tracking of sections 102 through 105 of this act to determine whether these efforts result in a measurable reduction in caseloads, increased capacities and efficiencies of caseworkers, and improved resolution of cases. The institute shall report its findings to the governor and legislature by December 1, 2003. If the institute contracts for the study required under this section, it shall consult with the appropriate committees of the legislature to assure the request for proposals adequately reflects the legislative intent.

NEW SECTION. Sec. 7. A new section is added to chapter 43.20A RCW to read as follows:

Sections 102 through 106 of this act shall expire June 30, 2004.

PART II--DEFINITIONS

Sec. 201. RCW 26.44.015 and 1993 c 412 s 11 are each amended to read as follows:

(1) This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not injurious to the child's health, welfare, and safety.

(2) Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline.

(3) No parent or guardian may be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.

(4) A person reporting alleged injury, abuse, or neglect to an adult dependent person shall not suffer negative consequences if the person reporting believes in good faith that the adult dependent person has been found legally incompetent or disabled.

Sec. 202. RCW 26.44.020 and 1993 c 412 s 12 and 1993 c 402 s 1 are each reenacted and amended to read as follows:

For the purpose of and as used in this chapter:

(1) "Court" means the superior court of the state of Washington, juvenile department.

(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathy and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

(5) "Department" means the state department of social and health services.

(6) "Child" or "children" means any person under the age of eighteen years of age.

(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

(8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

(12) "Abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child, adult dependent, or developmentally disabled person by any person under circumstances which indicate that the child's or adult's health, welfare, and safety is harmed, subject to the standards of defense as provided in RCW 9A.16.100. An abused child is a child who has been subjected to child abuse or neglect as defined herein.

(13) "Child protective services section" shall mean the child protective services section of the department.

(14) "Adult dependent persons" shall be defined as those persons over the age of eighteen years who have been found to be legally incompetent or disabled pursuant to chapter 11.88 RCW.

(15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

(16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.

(17) "Developmentally disabled person" means a person who has a disability defined in RCW 71A.10.020.

(18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

(19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

(20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."

Sec. 203. RCW 26.44.030 and 1995 c 311 s 17 are each 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 or state family and children's ombudsman or any volunteer in the ombudsman's office 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 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 alleged 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 alleged 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 alleged 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 alleged 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 alleged 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 alleged 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 alleged 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 legislature on the effectiveness of the risk assessment process.

(14) Upon receipt of a report of alleged 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. 204. RCW 26.44.035 and 1985 c 259 s 3 are each amended to read as follows:

If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress.

The department, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency. Records kept under this section shall be identifiable by means of an agency code for child abuse.

Sec. 205. RCW 26.44.040 and 1993 c 412 s 14 are each amended to read as follows:

An immediate oral report shall be made by telephone or otherwise to the proper law enforcement agency or the department of social and health services and, upon request, shall be followed by a report in writing. Such reports shall contain the following information, if known:

(1) The name, address, and age of the child or adult dependent or developmentally disabled person;

(2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child or the residence of the adult dependent or developmentally disabled person;

(3) The nature and extent of the alleged injury or injuries;

(4) The nature and extent of the alleged neglect;

(5) The nature and extent of the alleged sexual abuse;

(6) Any evidence of previous injuries, including their nature and extent; and

(7) Any other information which may be helpful in establishing the cause of the child's or adult dependent or developmentally disabled person's death, injury, or injuries and the identity of the alleged perpetrator or perpetrators.

Sec. 206. RCW 26.44.053 and 1994 c 110 s 1 are each amended to read as follows:

(1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by counsel in the proceedings.

(2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist, or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the alleged abuse or neglect of the child.

(3) A parent or other person having legal custody of a child alleged to be abused or neglected shall be a party to any proceeding that may impair or impede such person's interest in and custody or control of the child.

Sec. 207. RCW 26.44.060 and 1988 c 142 s 3 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.

(b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.

(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.

(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.

(4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.

Sec. 208. RCW 13.50.100 and 1995 c 311 s 16 are each amended to read as follows:

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

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

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

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

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

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

(c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported ((~~suspected~~)) alleged 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. A party denied access to records may request judicial review of the denial. If the party prevails, he or she shall be awarded attorneys' fees, costs, and an amount not less than five dollars and not more than one hundred dollars for each day the records were wrongfully denied.

Sec. 209. RCW 70.124.040 and 1981 c 174 s 4 are each amended to read as follows:

(1) Where a report is deemed warranted under RCW 70.124.030, an immediate oral report shall be made by telephone or otherwise to either a law enforcement agency or to the department and, upon request, shall be followed by a report in writing. The reports shall contain the following information, if known:

(a) The name and address of the person making the report;

(b) The name and address of the nursing home or state hospital patient;

(d) The nature and extent of the alleged injury or injuries;

(e) The nature and extent of the alleged neglect;

(f) The nature and extent of the alleged sexual abuse;

(g) Any evidence of previous injuries, including their nature and extent; and

(h) Any other information which may be helpful in establishing the cause of the patient's death, injury, or injuries, and the identity of the perpetrator or perpetrators.

(2) Each law enforcement agency receiving such a report shall, in addition to taking the action required by RCW 70.124.050, immediately relay the report to the department and to other law enforcement agencies, as appropriate. For any report it receives, the department shall likewise take the required action and in addition relay the report to the appropriate law enforcement agency or agencies. The appropriate law enforcement agency or agencies shall receive immediate notification when the department, upon receipt of such report, has reasonable cause to believe that a criminal act has been committed.

Sec. 210. RCW 70.129.030 and 1994 c 214 s 4 are each amended to read as follows:

(1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the information must be acknowledged in writing.

(2) The resident or his or her legal representative has the right:

(a) Upon an oral or written request, to access all records pertaining to himself or herself including clinical records within twenty-four hours; and

(b) After receipt of his or her records for inspection, to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days' advance notice to the facility.

(3) The facility must inform each resident in writing before, or at the time of admission, and at least once every twenty-four months thereafter of: (a) Services available in the facility; (b) charges for those services including charges for services not covered by the facility's per diem rate or applicable public benefit programs; and (c) the rules of operations required under RCW 70.129.140(2).

(4) The facility must furnish a written description of residents rights that includes:

(a) A description of the manner of protecting personal funds, under RCW 70.129.040;

(b) A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombudsmen program, and the protection and advocacy systems; and

(c) A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility.

(5) Notification of changes.

(a) A facility must immediately consult with the resident's physician, and if known, make reasonable efforts to notify the resident's legal representative or an interested family member when there is:

(i) An accident involving the resident which requires or has the potential for requiring physician intervention;

(ii) A significant change in the resident's physical, mental, or psychosocial status (i.e., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications).

(b) The facility must promptly notify the resident or the resident's representative shall make reasonable efforts to notify an interested family member, if known, when there is:

(i) A change in room or roommate assignment; or

(ii) A decision to transfer or discharge the resident from the facility.

(c) The facility must record and update the address and phone number of the resident's representative or interested family member, upon receipt of notice from them.

Sec. 211. RCW 74.13.031 and 1995 c 191 s 1 are each amended to read as follows:

The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

(2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the house and senate committees on social and health services. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of alleged neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis. If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

(5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the house and senate committees on social and health services.

(6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

(7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

(8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

(9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto. At least one member shall represent the adoption community.

(10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

(11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

Sec. 212. RCW 74.15.030 and 1995 c 302 s 4 are each amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

(4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.

Sec. 213. RCW 74.34.050 and 1986 c 187 s 3 are each amended to read as follows:

(1) A person participating in good faith in making a report under this chapter or testifying about ((~~the~~)) alleged abuse, neglect, abandonment, or exploitation of a vulnerable adult in a judicial proceeding under this chapter is immune from liability resulting from the report or testimony. The making of permissive reports as allowed in RCW 74.34.030 does not create any duty to report and no civil liability shall attach for any failure to make a permissive report under RCW 74.34.030.

(2) Conduct conforming with the reporting and testifying provisions of this chapter shall not be deemed a violation of any confidential communication privilege. Nothing in this chapter shall be construed as superseding or abridging remedies provided in chapter 4.92 RCW.

Sec. 214. RCW 74.34.070 and 1995 1st sp.s. c 18 s 87 are each amended to read as follows:

In responding to reports of alleged abuse, exploitation, neglect, or abandonment under this chapter, the department shall provide information to the frail elder or vulnerable adult on protective services available to the person and inform the person of the right to refuse such services. The department shall develop cooperative agreements with community-based agencies servicing the abused elderly and vulnerable adults. The agreements shall cover such subjects as the appropriate roles and responsibilities of the department and community-based agencies in identifying and responding to reports of alleged abuse, the provision of case-management services, standardized data collection procedures, and related coordination activities.

PART III--CREATING A FAMILY AND CHILDREN'S SERVICES OMBUDSMAN

NEW SECTION. Sec. 301. This chapter may be known and cited as the family and children's ombudsman act.

NEW SECTION. Sec. 302. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Administrative act" means any of the following, whether final or not:

(a) An action, omission, decision, recommendation, practice, or other procedure of the department or a child-placing agency with respect to a particular family or child relating to family and children's services as defined in subsection (3) of this section; or

(b) An action, omission, decision, recommendation, practice, or other procedure of a state institution that receives children, or a facility or residence subject to licensing under chapter 74.15 RCW, with respect to a particular family member or child that may adversely affect the health, safety, welfare, and rights of the family member or child.

(2) "Child-placing agency" has the same meaning as in RCW 74.15.020.

(3) "Family and children's services" means adoption, out-of-home care, child day care, child protective services, child welfare services, and juvenile rehabilitative services provided by the department or through contract, and services provided by the department or through contract for sexually aggressive youth, at-risk youth and families in conflict, children with mental health or substance abuse problems, and children with developmental disabilities.

(4) "Child or children" means any unemancipated person under the age of eighteen.

(5) "Committee" means the legislative ombudsman committee.

(6) "Department" means the department of social and health services.

(7) "Office" means the office of the family and children's ombudsman.

(8) "Ombudsman" means the family and children's ombudsman.

(9) "Secretary" means the secretary of the department of social and health services or the secretary's designee.

(10) "State-licensed facility or residence" means those facilities or residences that directly serve children and are subject to licensing by the department or have programs subject to certification by the department, or a facility where a child has been placed by superior court or the department.

NEW SECTION. Sec. 303. As a means of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children services and the placement, supervision, and treatment of children in the state's care or in state-licensed facilities or residences, there is created the legislative ombudsman committee. The committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The house members of the committee shall be appointed by the speaker of the house. Not more than two members from each chamber shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.

NEW SECTION. Sec. 304. The term of membership of the committee shall be from the close of the session in which they were appointed or elected as provided in RCW 44.28.010 until the close of the next regular session during an odd-numbered year so long as they remain members. A position that becomes vacant prior to the expiration of the members's term shall be filled by the appointing authority.

NEW SECTION. Sec. 305. The committee shall have the following powers:

(1) Selection of its officers and adopt rules for orderly procedure;

(2) Provide a list of candidates for the governor to utilize in nominating the ombudsman. No person may be placed on the list without an affirmative vote of at least two members from each chamber;

(3) Request investigations by the ombudsman of administrative acts;

(4) Receive reports of the ombudsman;

(5)(a) Obtain access to all relevant records in the possession of the ombudsman, except as prohibited by law; and (b) make recommendations to all branches of government;

(6) Request legislation;

(7) Conduct hearings into such matters as it deems necessary.

NEW SECTION. Sec. 306. Upon receipt of records from the ombudsman, the committee is subject to the same confidentiality restrictions as the ombudsman under section 320 of this act.

NEW SECTION. Sec. 307. Members of the committee shall serve without additional compensation, but shall be reimbursed in accordance with RCW 44.04.120 while on business authorized by the committee.

NEW SECTION. Sec. 308. As a means of promoting public awareness and understanding of family and children services, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children's services and the placement, supervision, and treatment of children in the state’s care or in state-licensed facilities or residences, the office of the family and children's ombudsman is established within the office of the governor. The ombudsman shall report directly to the governor and shall exercise his or her powers and duties independently of the secretary.

NEW SECTION. Sec. 309. (1) The governor shall appoint the ombudsman from the list submitted by the committee under section 305(2) of this act, subject to confirmation by the senate. The ombudsman shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in family and children's services law and policy. The governor shall consult with and receive recommendations from the committee prior to the appointment.

(2) An ombudsman shall not have been employed by the department within two years immediately preceding his or her appointment to the office.

(3) No ombudsman or any member of his or her immediate family may have or have had within two years immediately preceding his or her appointment to the office any contract with the department for the provision of family and children's services or for consultative services.

NEW SECTION. Sec. 310. (1) The ombudsman may appoint such personnel as necessary for the general administration of the office. The ombudsman and personnel appointed by the ombudsman are exempt from state civil service law, chapter 41.06 RCW.

(2) Any power or duty vested in or transferred to the ombudsman by law or executive order may be delegated by the ombudsman to any other assistant or subordinate, but the ombudsman shall be responsible for the official acts of the officers and employees of the office.

NEW SECTION. Sec. 311. The person appointed ombudsman shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed and confirmed. The governor may remove the ombudsman only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.

NEW SECTION. Sec. 312. The ombudsman shall perform the following duties:

(1) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children's services, and on the procedures for providing these services;

(2) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombudsman may decline to investigate any complaint as provided by rules adopted under this chapter;

(3) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in delivering family and children's services with a view toward appropriate preservation of families and ensuring children’s health and safety;

(4) Review periodically the facilities and procedures of state institutions serving children, and state-licensed facilities or residences;

(5) Review reports relating to the unexpected deaths of minors in the care of the department receiving family and children's services and make recommendations as appropriate;

(6) Recommend changes in the procedures for addressing the needs of families and children;

(7) Submit annually to the committee and to the governor by November 1 a report analyzing the work of the office including recommendations;

(8) Coordinate the activities of the regional offices throughout the state;

(9) Grant the committee access to all relevant records in the possession of the ombudsman unless prohibited by law;

(10) Provide for recruiting and training of volunteers and promoting the development of citizen organizations to assist the office. A volunteer shall be able to identify problems of individuals receiving family and children's services and of children in state-licensed facilities or residences. Volunteers may be used to assist the ombudsman in carrying out the duties of the office;

(11) Establish procedures for the administration of the office;

(12) Take whatever steps are appropriate to make persons aware of the services of the office, its purpose, and how it can be contacted; and

(13) Adopt rules necessary to implement this chapter.

NEW SECTION. Sec. 313. (1) Upon deciding to investigate a complaint, the ombudsman shall notify the complainant and the department, child-placing agency, or state-licensed facility or residence of the ombudsman's intention to investigate. If the ombudsman declines to investigate a complaint he or she shall notify the complainant. If the ombudsman discontinues an investigation he or she shall notify the complainant and the department, child-placing agency, or state-licensed facility or residence of the decision and the reasons for the action.

(2) The ombudsman may require a complainant to pursue all administrative remedies or means of complaint open to the complainant before pursuing a complaint with the ombudsman.

(3) If the ombudsman determines in the course of an investigation that an individual’s action is likely to have been in violation of state or federal criminal law, the ombudsman shall immediately report that fact to the appropriate law enforcement agency and the department and, if the complaint is against a child-placing agency or state-licensed facility or residence, the ombudsman shall report that fact to the secretary.

(4) The ombudsman or any volunteer shall report suspected abuse or neglect of any child, adult dependent, or developmentally disabled person as required in chapter 26.44 RCW.

NEW SECTION. Sec. 314. The department, a child-placing agency, and a family and children's services provider shall do all of the following:

(1) Upon the ombudsman’s request, grant the ombudsman or the ombudsman's designee access to all relevant information, records, and documents in their possession that the ombudsman considers necessary in an investigation except as prohibited by law;

(2) Assist the ombudsman to obtain releases of confidential records when necessary;

(3) When deciding whether to initiate or continue an administrative act, consider any findings or recommendations made by the ombudsman;

(4) Upon deciding not to act on a finding or recommendation made by the ombudsman, provide the ombudsman with a written statement setting forth the reason or reasons for the decision; and

(5) Provide the ombudsman upon request with progress reports concerning their administrative processing of a complaint.

NEW SECTION. Sec. 315. A new section is added to chapter 43.20A RCW to read as follows:

The secretary shall provide the employees of the department, licensees, contractors, and all other relevant individuals, including the public, information regarding the office of the family and children's ombudsman created under chapter 44.-- RCW (sections 301 through 314 and 317 through 322 of this act) and the rights and responsibilities established under that chapter.

Sec. 316. 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 legislative ombudsman committee, the office of family and children's ombudsman, 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.

(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) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative ombudsman committee or the office of the family and children's ombudsman.

NEW SECTION. Sec. 317. (1) The ombudsman shall prepare a report of the findings of an investigation and make recommendations to the department, child-placing agency, or state-licensed facility or residence if the ombudsman finds one or more of the following:

(a) A matter should be further considered by the department, child-placing agency, or state-licensed facility or residence;

(b) An administrative act should be upheld, modified, or canceled;

(d) Other action should be taken by the department, child-placing agency, or state-licensed facility or residence.

(2) Before publicly announcing a conclusion or recommendation that expressly or by implication criticizes an individual, the department, child-placing agency, or state-licensed facility or residence, the ombudsman shall consult with that individual, the secretary, child-placing agency, or state-licensed facility or residence for purposes of comment. When publishing an opinion adverse to the individual, the department, child-placing agency, or state-licensed facility or residence, the ombudsman shall include in the publication any written statement of reasonable length made to the ombudsman by the individual, secretary, child-placing agency, or state-licensed facility or residence in defense or mitigation of the action. The ombudsman may request to be notified by the secretary, child-placing agency, or state-licensed facility or residence, within a specified time, of any action taken on any recommendation presented.

(3) The ombudsman shall notify the complainant of the actions taken by the ombudsman and by the secretary, child-placing agency, or state-licensed facility or residence.

(4) The ombudsman shall provide the complainant with a copy of his or her recommendations on a complaint.

NEW SECTION. Sec. 318. (1) The ombudsman shall have the following rights and powers:

(a) To copy and subpoena records held by the department except as prohibited by law;

(b) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, and private firms, individuals, and foundations, for the purpose of carrying out his or her lawful responsibilities. The funds shall be deposited in the child, youth, and family ombudsman account created in section 319 of this act;

(d) To request legal assistance, including appointment of special counsel through the office of the attorney general;

(e) To mediate disputes between a complainant and the department where appropriate; and

(f) To submit to the governor budgetary and legislative recommendations relating to children and family services.

(2) Actions of the office shall be solely advisory to the governor and the department. The office shall not be delegated any administrative authority or responsibility, and its functions shall not supplant existing avenues for recourse or appeals.

NEW SECTION. Sec. 319. The ombudsman may apply for and accept contributions, grants, gifts in cash or otherwise, and bequests of funds from other states, federal and interstate agencies, independent authorities, and private firms, individuals, and foundations, for the purpose of carrying out his or her lawful responsibilities. All moneys received by the ombudsman or any employee thereof from contributions, grants, or gifts and not through appropriation by the legislature shall be deposited in an account in the custody of the state treasurer to be known as the child, youth, and family ombudsman account. Disbursements of such funds shall be on the authorization of the ombudsman or a duly authorized representative of the ombudsman and only for the purposes stated in this chapter. The account is subject to chapter 43.88 RCW, but no appropriation is required to permit expenditure of the funds.

NEW SECTION. Sec. 320. The ombudsman shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsman to perform the duties of the office and to support any recommendations resulting from an investigation. However, the ombudsman shall honor the request of a service recipient, complainant, or individual from whom information is acquired, or the legal representative of any of these individuals, not to disclose his or her identity. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. A record of the office of the ombudsman is confidential, shall only be used for purposes set forth in this chapter, and is not subject to court subpoena.

NEW SECTION. Sec. 321. (1) An ombudsman, including a volunteer ombudsman, is not liable for good faith performance of responsibilities under this chapter.

(2) No discriminatory, disciplinary, or retaliatory action may be taken against any employee of the department, child-placing agency, or state-licensed facility or residence, a recipient of family and children's services, or a volunteer, for any communication made, or information given or disclosed, to aid the ombudsman in carrying out his or her responsibilities, unless the communication or information is knowingly false or made, given, or disclosed in violation of law. This subsection does not infringe the rights of an employer to supervise, discipline, or terminate an employee for other reasons.

(3) An individual, the department, a child-placing agency, or a state-licensed facility or residence shall not hinder the lawful actions of the ombudsman or members of the ombudsman's office.

(4) All communications by the ombudsman, if reasonably related to the requirements of that individual’s responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense in any defamation action.

(5) A representative of the office shall not be required to testify in court as to any confidential matter.

NEW SECTION. Sec. 322. The authority granted the ombudsman under this chapter is in addition to the authority granted under the provisions of any other act or rule under which the remedy or right of appeal or objection is provided for a person, or any procedures provided for the inquiry into or investigation of any matter. The authority granted the ombudsman does not limit or affect the remedy or right of appeal or objection and is not an exclusive remedy or procedure.

NEW SECTION. Sec. 323. A new section is added to chapter 41.06 RCW to read as follows:

In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the office of the family and children's ombudsman to the ombudsman and all personnel in the office.

NEW SECTION. Sec. 324. The family and children's ombudsman office shall commence operation not later than January 1, 1997.

NEW SECTION. Sec. 325. Sections 301 through 314 and 317 through 322 of this act shall constitute a new chapter in Title 44 RCW.

PART IV--REQUIRING COMMUNITY NETWORKS TO DEVELOP A STRATEGIC PLAN

FOR THE DECATEGORIZATION OF APPROPRIATE PROGRAMS

NEW SECTION. Sec. 401. Not later than January 1, 1997, the community public health and safety networks authorized under chapter 70.190 RCW shall submit to the legislature, the governor, and the family policy council a study and recommendations whether funding for all or some of the programs set out in RCW 70.190.110 should be made directly to a network.

The networks shall conduct the study, and make the recommendations, on a regional basis. Each network shall determine its regional membership not later than June 1, 1996, and advise the council of its decision by that date. If any network has not determined its regional membership by the required date, the council shall designate the region into which a network will be placed. The council shall make such designation not later than July 1, 1997.

No region shall have less than forty thousand persons. No network shall be part of more than one region. Regions shall consist of networks that are contiguous or wholly contained within another network.

The council shall inform the networks of their responsibilities under this act and provide appropriate support for the networks in the development of the study and recommendations. The council shall make available to each region funds from the appropriation contained in section 703 of this act to prepare and submit the study.

PART V--DEVELOP A PLAN FOR EXAMINING THE STRUCTURE AND

DELIVERY OF SERVICES TO FAMILIES AND CHILDREN

NEW SECTION. Sec. 501. (1) The legislature requires a comprehensive, objective study of the structure and delivery of services to families and children by Washington state government.

The purpose of the study is to provide the legislature an evaluation of the planning and management capacity, business practices, and culture of the department of social and health services for the purpose of determining whether: (a) There is a need to create a separate agency for the delivery of services to families and children; (b) if so, what structure will provide the maximum opportunities for the delivery of services to succeed; and (c) if a separate agency is not appropriate what alternative reforms within the department will significantly improve service delivery.

(2) The study shall include consideration of whether: (a) The mission of the department is commonly understood by its management, employees, the legislature, and the public; (b) there is consistency between the department's mission, strategic plan, goals, and objectives; (c) the capacity of the department to establish, and adhere to, its long-term planning and priorities; (d) the existence of performance benchmarks against which the delivery of services are measured; and (e) these benchmarks adequately measure the effectiveness of services delivered. The study shall examine programs operated by, or offered through, the department to determine the appropriateness for continuation, revision, or termination. In the program analysis the study shall review the circumstances which gave rise to the program; whether programs comport with statutory constraints; if the programs are duplicated in other agencies within state government; whether viable alternatives to a program exist; whether the program has been prioritized by the department relative to other programs and, if so, whether program priorities reflect legislative direction.

(3) The school of public affairs at the University of Washington shall conduct the study. The results of the study shall be presented to the legislature and governor not later than January 2, 1997.

PART VI--LEGISLATIVE TASK FORCE

NEW SECTION. Sec. 601. There is created a joint legislative task force on drug use and child abuse. The membership shall consist of four members of the senate, appointed by the president of the senate, and four members of the house of representatives, appointed by the speaker of the house of representatives. Not more than two members from each chamber shall be of the same political party.

The purpose of the task force is to determine whether there is a significant relationship between the abuse of controlled substances by parents and the ability of services delivered by, or from, the state to preserve families and protect children who may be at risk of abuse or neglect. The task force shall review statutory and administrative incentives available to parents to enter and successfully undergo treatment, and determine whether existing incentives can be made more effective.

The task force shall consult with parents, advocacy groups for children, law enforcement officials, all appropriate public agencies, health professionals, prosecutors, criminal defense lawyers, and other appropriate entities.

The task force shall report its findings and recommendations to the legislature by December 1, 1996.

PART VII--MISCELLANEOUS

NEW SECTION. Sec. 701. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the legislature for the purposes of the family and children's ombudsman.

NEW SECTION. Sec. 702. The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the University of Washington for the purposes of developing a plan for examining the structure and delivery of services to families and children. The university may expend up to eight percent of the funds for administrative costs.

NEW SECTION. Sec. 703. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the family policy council for the purposes of section 401 of this act.

NEW SECTION. Sec. 704. (1) Sections 101 through 107 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

(2) Sections 201 through 214 of this act shall take effect July 1, 1996, and shall apply only to incidents occurring on or after July 1, 1996.

NEW SECTION. Sec. 705. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.