BP BHEAD INT S

AN ACT Relating to reform of social and health services; amending RCW 41.06.076, 26.44.010, 26.44.015, 26.44.030, 26.44.035, 26.44.040, 26.44.053, 26.44.060, and 13.50.010; reenacting and amending RCW 26.44.020; adding a new section 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. 101. 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. 102. 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. The salary and fringe benefits shall not be equal to or exceed that set for the classification of area regional manager.

NEW SECTION. Sec. 103. 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. 104. 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. 105. 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. 106. 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. 107. 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 26.44.010 and 1987 c 206 s 1 are each amended to read as follows:

The Washington state legislature finds and declares: The bond between a child and his or her parent, custodian, or guardian is of paramount importance, and any intervention into the life of a child is also an intervention into the life of the parent, custodian, or guardian; however, instances of nonaccidental injury, neglect, death, sexual abuse and cruelty to children by their parents, custodians or guardians have occurred, and in the instance where a child is deprived of his or her right to conditions of minimal nurture, health, and safety, the state is justified in emergency intervention based upon verified information; and therefore the Washington state legislature hereby provides for the reporting of such alleged cases to the appropriate public authorities. It is the intent of the legislature that, as a result of such reports, protective services shall be made available in an effort to prevent further abuses, and to safeguard the general welfare of such children: PROVIDED, That such reports shall be maintained and disseminated with strictest regard for the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious or erroneous information or actions: PROVIDED FURTHER, That this chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare and safety.

Adult dependent or developmentally disabled persons not able to provide for their own protection through the criminal justice system shall also be afforded the protection offered children through the reporting and investigation requirements mandated in this chapter.

Sec. 202. 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. 203. 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) "Abuse" shall include:

(a) Inflicting physical injury on a child by other than accidental means, causing death, disfigurement, multiple incidents of skin bruising, impairment of physical or emotional health, or loss or impairment of any bodily function;

(b) Creating a substantial risk of physical harm to a child's bodily functioning;

(c) Committing or allowing to be committed any sex offense against a child as defined in RCW 9.94A.030 or intentionally touching, either directly or through the clothing, the genitals, anus, or breasts of a child for other than hygiene or child care purposes;

(d) Committing acts that are cruel or inhumane regardless of observable injury. Such acts may include, but are not limited to, instances of extreme discipline demonstrating a disregard of a child's pain and/or mental suffering;

(e) Assaulting or criminally mistreating a child, as defined in Titles 9 and 9A RCW, subject to the defense allowed under RCW 9A.16.100.

(2) "Adult dependent persons" means those persons over the age of eighteen years who have been found to be incapacitated pursuant to chapter 11.88 RCW.

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

(4) "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.

(5) "Child protective services section" means the child protective services section of the department.

(6) "Clergy" means 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.

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

((~~(2)~~)) (8) "Department" means the state department of social and health services.

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

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

(11) "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)~~)) (12) "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 willful 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 willful disregard of social duty.

(13) "Neglect" means:

(a) Failing to provide food, shelter, clothing, supervision, or health care necessary to a child's health or safety;

(b) Engaging in actions or omissions resulting in injury to, or creating a substantial risk to, the physical or mental health or development of a child;

(14) "Pharmacist" means 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.

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

((~~(8)~~)) (17) "Psychologist" means 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.

(18) "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.

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

(20) "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. 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. 204. 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 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. 205. 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. 206. 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. 207. 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. 208. 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.

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

THE LEGISLATIVE BRANCH OF STATE GOVERNMENT

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, 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 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. There is created the legislative ombudsman committee which 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) Selection and removal of the ombudsman. Selection and removal shall require an affirmative vote of at least two members from each chamber;

(3) Approve the administrative structure of the office;

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

(5) Receive reports of the ombudsman;

(6)(a) Make examination of records; and (b) make recommendations to all branches of government;

(7) Request legislation;

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

NEW SECTION. Sec. 306. The committee and office are subject to the restrictions of a juvenile justice or care agency under chapter 13.50 RCW and may not disseminate confidential information to other members of the legislature who are not members of the committee or to the public. Nothing in this section prohibits the disclosure of information which may be otherwise lawfully disclosed.

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 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. The ombudsman shall report directly to the committee.

NEW SECTION. Sec. 309. (1) The committee shall appoint the ombudsman for a period not to exceed three years. The initial ombudsman's term shall expire June 30, 1999. The ombudsman may be reappointed for successive terms. The ombudsman shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training and experience in the following areas:

(a) Family and children's services or other related social service programs, accompanied by in-depth understanding and knowledge of social service programs and delivery systems;

(b) The legal system;

(d) Public policy.

(2) An ombudsman shall not have been employed by the department within two years prior to appointment to the office.

(3) No ombudsman or any member of his or her immediate family may have or have had within two years prior to appointment to the office any pecuniary interest in a child-placing agency or in providing services to children in state-licensed facilities or residences.

(4) The ombudsman shall be a professional staff member of the legislature for the purposes of chapter 42.17 RCW.

NEW SECTION. Sec. 310. 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;

(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 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) Provide for recruiting and training of volunteers and promoting the development of citizen organizations to assist the office. A volunteer ombudsman shall be able to identify problems of individuals receiving family and children's services. Volunteers may be used to investigate administrative acts and such other acts as the ombudsman directs;

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

(10) Select and remove staff;

(11) Propose, for the committee's approval, staff positions, regional offices, and biennial budgets;

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

(13) Apply for and accept grants and funds from other public entities for the purpose of carrying out the duties of the office; and

(14) Contract for independent legal counsel as appropriate.

NEW SECTION. Sec. 311. (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 advise 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 county prosecutor 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.

NEW SECTION. Sec. 312. Upon the request of the committee or the ombudsman, the department, a child-placing agency, and a family and children's services provider shall:

(1) Grant access to all relevant information, records, and documents in their possession; and

(2) Provide progress reports concerning their administrative processing of a complaint.

NEW SECTION. Sec. 313. 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 312 and 315 through 317 of this act) and the rights and responsibilities established under that chapter.

Sec. 314. 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.

NEW SECTION. Sec. 315. (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 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. 316. (1) No employee or volunteer is liable for good faith performance of their 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 except as the court may deem necessary to enforce this chapter.

NEW SECTION. Sec. 317. 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. 318. The family and children's ombudsman office shall commence operation not later than November 1, 1996.

NEW SECTION. Sec. 319. Sections 301 through 312 and 315 through 317 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 603 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. The legislature requires a comprehensive, objective review of the structure and delivery of services to families and children by Washington state government.

The review shall determine whether the current structure for the delivery of services provides the most effective and efficient mechanism available.

The review shall, in light of the mission of the department of social and health services relative to the delivery of services to families and children, examine: (1) Performance criteria of the department in conjunction with statutory mandates, (2) similar agencies in other states, (3) budget allocations and trends, (4) business case and strategic planning and implementation, (5) whether combining the delivery of services to families and children with other diverse functions of the department significantly improves or impedes the delivery of services, (6) possible revisions in the delivery of services to families and children in other state agencies which could be commonly administered, and (7) alternative governance structures for the department.

If review determines that the incumbent structure and delivery system are not amenable to significant improvement the review shall also identify and recommend the most effective and cost-efficient replacement.

The institute for public policy shall conduct the review. The results of the review shall be presented to the legislature and governor not later than January 2, 1997.

PART VI--MISCELLANEOUS

NEW SECTION. Sec. 601. 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. 602. 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 institute of public policy for the purposes of developing a plan for examining the structure and delivery of services to families and children.

NEW SECTION. Sec. 603. 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. 604. (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 208 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. 605. 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.