AN
ACT Relating to preservation services; amending RCW 74.14C.010, 74.14C.020,
74.14C.030; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature intends this act to accomplish the following: (1) Prevent
unnecessary out-of-home placement by targeting services to families most at
risk; (2) Increase flexibility in the delivery of preservation services; (3)
allow the use of paraprofessional workers and community support systems; (4)
allow the use of follow-up as necessary; (5) increase the maximum service
duration; and (6) increase the maximum caseload.
Sec.
2. RCW
74.14C.010 and 1995 c 311 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Department" means the department of social and health services.
(2)
"Community support systems" means the support that may be
organized through extended family members, friends, neighbors, religious
organizations, community programs, cultural and ethnic organizations, or other
support groups or organizations.
(3)
"Family preservation services" means in-home or community-based
services drawing on the strengths of the family and its individual members
while addressing family needs to strengthen and keep the family together where
possible and may include:
(a)
Respite care of children to provide temporary relief for parents and other
caregivers;
(b)
Services designed to improve parenting skills with respect to such matters as
child development, family budgeting, coping with stress, health, safety, and
nutrition; and
(c)
Services designed to promote the well-being of children and families, increase
the strength and stability of families, increase parents' confidence and
competence in their parenting abilities, promote a safe, stable, and supportive
family environment for children, and otherwise enhance children's development.
Family
preservation services shall have the characteristics delineated in RCW
74.14C.020 (2) and (3).
(((3)))
(4) "Imminent" means a decision has been made by the
department that, without intensive family preservation services, a petition
requesting the removal of a child from the family home will be immediately
filed under chapter 13.32A or 13.34 RCW, or that a voluntary placement
agreement will be immediately initiated.
(((4)))
(5) "Intensive family preservation services" means
community-based services that are delivered primarily in the home, that follow
intensive service models with demonstrated effectiveness in reducing or
avoiding the need for unnecessary imminent out-of-home placement, and that have
all of the characteristics delineated in RCW 74.14C.020 (1) and (3).
(((5)))
(6) "Out-of-home placement" means a placement in a foster
family home or group care facility licensed pursuant to chapter 74.15 RCW or
placement in a home, other than that of the child's parent, guardian, or legal
custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(((6)))
(7) "Paraprofessional worker" means any individual who is trained
and qualified to provide assistance and community support systems development
to families and who acts under the supervision of a preservation services
therapist. The paraprofessional worker is not intended to replace the role and
responsibilities of the preservation services therapist.
(8)
"Preservation services" means family preservation services and
intensive family preservation services that consider the individual family's
cultural values and needs.
Sec.
3. RCW
74.14C.020 and 1995 c 311 s 3 are each amended to read as follows:
(1)
Intensive family preservation services shall have all of the following
characteristics:
(a)
Services are provided by specially trained service providers who have received
at least forty hours of training from recognized intensive in-home services
experts. Service providers deliver the services in the family's home, and
other environments of the family, such as their neighborhood or schools;
(b)
Caseload size averages two families per service provider unless
paraprofessional services are utilized, in which case a provider may, but is
not required to, handle an average caseload of five families;
(c)
The services to the family are provided by a single service provider who may
be assisted by paraprofessional workers, with backup providers identified
to provide assistance as necessary;
(d)
Services are available to the family within twenty-four hours following receipt
of a referral to the program; and
(e)
Duration of service is limited to a maximum of forty days, unless ((the
department authorizes an additional provision of service through an exception
to policy)) paraprofessional workers are used, in which case the
duration of services is limited to a maximum of ninety days. The department
may authorize an additional provision of service through an exception to policy
when the department and provider agree that additional services are needed.
(2)
Family preservation services shall have all of the following characteristics:
(a)
Services are delivered primarily in the family home or community;
(b)
Services are committed to reinforcing the strengths of the family and its
members and empowering the family to solve problems and become self-sufficient;
(c)
Services are committed to providing support to families through community
organizations including but not limited to school, church, cultural, ethnic,
neighborhood, and business;
(d)
Services are available to the family within forty-eight hours of referral
unless an exception is noted in the file;
(e)
Duration of service is limited to a maximum of ((ninety days)) six
months, unless the department ((authorizes an additional provision of
service through an exception to policy)) requires additional follow-up
on an individual case basis; and
(f)
Caseload size no more than ten families per service provider, which can be adjusted
((according to exceptions defined)) when paraprofessional workers are
used or required by the department.
(3)
Preservation services shall include the following characteristics:
(a)
Services protect the child and strengthen the family;
(b)
Service providers have the authority and discretion to spend funds, up to a
maximum amount specified by the department, to help families obtain necessary
food, shelter, or clothing, or to purchase other goods or services that will
enhance the effectiveness of intervention;
(c)
Services are available to the family twenty-four hours a day and seven days a
week;
(d)
Services enhance parenting skills, family and personal self-sufficiency,
functioning of the family, and reduce stress on families; and
(e)
Services help families locate and use additional assistance including, but not
limited to, the development and maintenance of community support systems,
counseling and treatment services, housing, child care, education, job
training, emergency cash grants, state and federally funded public assistance,
and other basic support services.
Sec.
4. RCW
74.14C.030 and 1995 c 311 s 4 are each amended to read as follows:
(1)
The department shall be the lead administrative agency for preservation
services and may receive funding from any source for the implementation or
expansion of such services. The department shall:
(a)
Provide coordination and planning with the advice of the community networks for
the implementation and expansion of preservation services; and
(b)
Monitor and evaluate such services to determine whether the programs meet
measurable standards specified by this chapter and the department.
(2)
The department may: (a) Allow its contractors for preservation services to
use paraprofessional workers when the department and provider determine the use
appropriate. The department may also use paraprofessional workers, as
appropriate, when the department provides preservation services; and (b) allow
follow-up to be provided, on an individual case basis, when the department and
provider determine the use appropriate.
(3)
In carrying out the requirements of this section, the department shall consult
with qualified agencies that have demonstrated expertise and experience in
preservation services.
(((3)))
(4) The department may provide preservation services directly and shall,
within available funds, enter into outcome-based, competitive contracts with social
service agencies to provide preservation services, provided that such agencies
meet measurable standards specified by this chapter and by the department. The
standards shall include, but not be limited to, satisfactory performance in the
following areas:
(a)
The number of families appropriately connected to community resources;
(b)
Avoidance of new referrals accepted by the department for child protective
services or family reconciliation services within one year of the most recent
case closure by the department;
(c)
Consumer satisfaction;
(d)
For reunification cases, reduction in the length of stay in out-of-home
placement; and
(e)
Reduction in the level of risk factors specified by the department.
(((4)))
(5)(a) The department shall not provide intensive family preservation
services unless it is demonstrated that provision of such services prevent
out-of-home placement in at least seventy percent of the cases served for a
period of at least six months following termination of services. The department's
caseworkers may only provide preservation services if there is no other
qualified entity willing or able to do so.
(b)
Contractors shall demonstrate that provision of intensive family preservation
services prevent out-of-home placement in at least seventy percent of the cases
served for a period of no less than six months following termination of
services. The department may increase the period of time based on additional
research and data. If the contractor fails to meet the seventy percent requirement
the department may: (I) Review the conditions that may have contributed to the
failure to meet the standard and renew the contract if the department
determines: (A) The contractor is making progress to meet the standard; or (B)
conditions unrelated to the provision of services, including case mix and
severity of cases, contributed to the failure; or (ii) reopen the contract for
other bids.
(c)
The department shall cooperate with any person who has a contract under this
section in providing data necessary to determine the amount of reduction in
foster care. For the purposes of this subsection "prevent out-of-home
placement" means that a child who has been a recipient of intensive family
preservation services has not been placed outside of the home, other than for a
single, temporary period of time not exceeding fourteen days.
(6)
The department shall adopt rules to implement this chapter.
