AN ACT Relating to
clarifying, technical, and administrative revisions to community public health
and safety networks; amending RCW 70.190.010, 70.190.060, 70.190.080,
70.190.090, and 70.190.130; adding new sections to chapter 70.190 RCW; creating
new sections; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
"NEW SECTION.
Sec. 1. It is the intent of this
act only to make minimal clarifying, technical, and administrative revisions to
the laws concerning community public health and safety networks and to the
related agencies responsible for implementation of the networks. This act is
not intended to change the scope of the duties or responsibilities, nor to
undermine the underlying policies, set forth in chapter 7, Laws of 1994 sp.
sess.
Sec. 2. RCW 70.190.010 and 1995
c 399 s 200 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Administrative
costs" means the costs associated with procurement; payroll processing;
personnel functions; management; maintenance and operation of space and
property; data processing and computer services; accounting; budgeting;
auditing; indirect costs; and organizational planning, consultation,
coordination, and training.
(2)
"Assessment" has the same meaning as provided in RCW 43.70.010.
(3)
"At-risk" children are children who engage in or are victims of
at-risk behaviors.
(4) "At-risk
behaviors" means violent delinquent acts, teen substance abuse, teen
pregnancy and male parentage, teen suicide attempts, dropping out of school,
child abuse or neglect, and domestic violence.
(5) "Community
public health and safety networks" or "networks" means the organizations
authorized under RCW 70.190.060.
(6)
"Comprehensive plan" means a two-year plan that examines available
resources and unmet needs for a county or multicounty area, barriers that limit
the effective use of resources, and a plan to address these issues that is
broadly supported by local residents.
(((2))) (7)
"Participating state agencies" means the office of the superintendent
of public instruction, the department of social and health services, the
department of health, the employment security department, the department of
community, trade, and economic development, and such other departments as may
be specifically designated by the governor.
(((3))) (8)
"Family policy council" or "council" means the
superintendent of public instruction, the secretary of social and health
services, the secretary of health, the commissioner of the employment security
department, and the director of the department of community, trade, and
economic development or their designees, one legislator from each caucus of the
senate and house of representatives, and one representative of the governor.
(((4))) (9)
"Fiduciary interest" means (a) the right to compensation from a
health, educational, social service, or justice system organization that
receives public funds, or (b) budgetary or policy-making authority for an
organization listed in (a) of this subsection. A person who acts solely in an
advisory capacity and receives no compensation from a health, educational,
social service, or justice system organization, and who has no budgetary or
policy-making authority is deemed to have no fiduciary interest in the
organization.
(10)
"Outcome" or "outcome based" means defined and
measurable outcomes ((and indicators that make it possible for communities))
used to evaluate progress in ((meeting their goals and whether
systems are fulfilling their responsibilities)) reducing the rate of
at-risk children and youth through reducing risk factors and increasing
protective factors.
(((5))) (11)
"Matching funds" means an amount no less than twenty-five percent of
the amount budgeted for a ((consortium's project)) network. ((Up
to half of)) The ((consortium's)) network's matching
funds may be in-kind goods and services. Funding sources allowable for match
include appropriate federal or local levy funds, private charitable funding,
and other charitable giving. Basic education funds shall not be used as a
match. State general funds shall not be used as a match for violence
reduction and drug enforcement account funds created under RCW 69.50.520.
(((6)
"Consortium" means a diverse group of individuals that includes at
least representatives of local service providers, service recipients, local
government administering or funding children or family service programs,
participating state agencies, school districts, existing children's
commissions, ethnic and racial minority populations, and other interested
persons organized for the purpose of designing and providing collaborative and
coordinated services under this chapter. Consortiums shall represent a county,
multicounty, or municipal service area. In addition, consortiums may represent
Indian tribes applying either individually or collectively.))
(12) "Policy
development" has the same meaning as provided in RCW 43.70.010.
(13) "Protective
factors" means those factors determined by the department of health to be
empirically associated with behaviors that contribute to socially acceptable
and healthy nonviolent behaviors. Protective factors include promulgation,
identification, and acceptance of community norms regarding appropriate
behaviors in the area of delinquency, early sexual activity, alcohol and
substance abuse, educational opportunities, employment opportunities, and
absence of crime.
(14) "Risk
factors" means those factors determined by the department of health to be
empirically associated with at-risk behaviors that contribute to violence.
Sec. 3. RCW 70.190.060 and 1994
sp.s. c 7 s 303 are each amended to read as follows:
(1) The legislature ((intends
to create)) authorizes community public health and safety networks
to reconnect parents and other citizens with children, youth, families, and
community institutions which support health and safety. The networks have
only those powers and duties expressly authorized under this chapter. The
networks should empower parents and other citizens by being a means of
expressing their attitudes, spirit, and perspectives regarding safe and healthy
family and community life. The legislature intends that parent and other
citizen perspectives exercise a controlling influence over policy and program
operations of professional organizations concerned with children and family
issues within networks in a manner consistent with the Constitution and state
law. It is not the intent of the legislature that health, social service, or
educational professionals dominate community public health and safety network
processes or programs, but rather that these professionals use their skills to
lend support to parents and other citizens in expressing their values as
parents and other citizens identify community needs and establish community
priorities. To this end, the legislature intends full participation of parents
and other citizens in community public health and safety networks. The intent
is that local community values are reflected in the operations of the network.
(2) A group of persons
described in subsection (3) of this section may apply ((by December 1, 1994,))
to be a community public health and safety network.
(3) Each community
public health and safety network shall be composed of twenty-three people,
thirteen of whom shall be citizens who live within the network boundary
with no ((direct)) fiduciary interest ((in health, education, social
service, or justice system organizations operating within the network area)).
In selecting these members, first priority shall be given to members of
community mobilization advisory boards, city or county children's services
commissions, human services advisory boards, or other such organizations ((which
may exist within the network)). The thirteen persons shall be selected as
follows: Three by ((the)) chambers of commerce ((located in the
network)), three by school board members ((of the school districts
within the network boundary)), three by ((the)) county legislative
authorities ((of the counties within the network boundary)), three by ((the))
city legislative authorities ((of the cities within the network boundary)),
and one high school student, selected by student organizations ((within the
network boundary)). The remaining ten members shall live or work within
the network boundary and shall include local representation ((from))
selected by the following groups and entities: Cities((,));
counties((,)); federally recognized Indian tribes((,));
parks and recreation programs((,)); law enforcement agencies((,
superior court judges,)); state children's service workers ((from
within the network area,)); employment assistance workers ((from
within the network area,)); private social((, educational)) service
providers, broad-based nonsecular organizations, or health service
providers ((from within the network area, and broad-based nonsecular
organizations)); and public education.
(4) ((A list of the
network members shall be submitted to the council by December 1, 1994, by the
network chair who shall be selected by network members at their first meeting.
The list shall become final unless the council chooses other members within
twenty days after the list is submitted. The council shall accept the list
unless he or she believes the proposed list does not adequately represent all
parties identified in subsection (3) of this section or a member has a conflict
of interest between his or her membership and his or her livelihood.))
Members of the ((community)) network shall serve terms of three years.
The terms of the
initial members of each network shall be as follows: (a) One-third shall serve
for one year; (b) one-third shall serve for two years; and (c) one-third shall
serve for three years. Initial members may agree which shall serve fewer than
three years or the decision may be made by lot. ((The same process shall be
used in the selection of the chair and members for subsequent terms.)) Any
vacancy occurring during the term may be filled by the chair for the balance of
the unexpired term.
(5) ((The network
shall select a public entity as the lead fiscal agency for the network. The
lead agency may contract with a public or private entity to perform other
administrative duties required by the state. In making the selection, the
network shall consider: (a) Experience in administering prevention and
intervention programs; (b) the relative geographical size of the network and
its members; (c) budgeting and fiscal capacity; and (d) how diverse a
population each entity represents.)) Not less than sixty days before
the expiration of a network member's term, the chair shall submit the name of a
nominee to the network for its approval. The network shall comply with
subsection (3) of this section.
(6) Networks ((meetings))
are subject to the open public meetings act under chapter 42.30 RCW and the
public records provisions of RCW 42.17.270 through 42.17.310.
NEW SECTION. Sec.
4. A new section is added
to chapter 70.190 RCW to read as follows:
(1) Each network shall
contract with a public entity as its lead fiscal agent. The contract shall
grant the agent authority to perform fiscal, accounting, contract
administration, legal, and other administrative duties, including the provision
of liability insurance. Any contract under this subsection shall be submitted
to the council by the network for approval prior to its execution. The council
shall review the contract to determine whether the administrative costs will be
held to no more than ten percent.
(2) The lead agent
shall maintain a system of accounting for network funds consistent with the
budgeting, accounting, and reporting systems and standards adopted or approved
by the state auditor.
(3) The lead agent may
contract with another public or private entity to perform duties other than
fiscal or accounting duties.
NEW SECTION. Sec.
5. A new section is added
to chapter 70.190 RCW to read as follows:
No network member may
vote to authorize, or attempt to influence the authorization of, any
expenditure in which the member's immediate family has a fiduciary interest.
For the purpose of this section "immediate family" means a spouse,
parent, grandparent, adult child, brother, or sister.
Sec. 6. RCW 70.190.080 and 1994
sp.s. c 7 s 305 are each amended to read as follows:
(1) The community
network's plan may include a program to provide postsecondary scholarships to
at-risk students who: (a) Are community role models under criteria established
by the community network; (b) successfully complete high school; and (c)
maintain at least a 2.5 grade point average throughout high school. Funding
for the scholarships may include public and private sources.
(2) The community
network's plan may also include funding of community-based home visitor
programs which are designed to reduce the incidence of child abuse and neglect
((with [within])) within the network. Parents shall sign a
voluntary authorization for services, which may be withdrawn at any time. The
program may provide parents with education and support either in parents' homes
or in other locations comfortable for parents, beginning with the birth of
their first baby. The program may make the following services available to the
families:
(a) Visits for all
expectant or new parents, either at the parent's home or another location with
which the parent is comfortable;
(b) Screening before or
soon after the birth of a child to assess the family's strengths and goals and
define areas of concern in consultation with the family;
(c) Parenting education
and skills development;
(d) Parenting and
family support information and referral;
(e) Parent support
groups; and
(f) Service
coordination for individual families, and assistance with accessing services,
provided in a manner that ensures that individual families have only one
individual or agency to which they look for service coordination. Where
appropriate for a family, service coordination may be conducted through
interdisciplinary or interagency teams.
These programs are
intended to be voluntary for the parents involved.
(3) ((The community
network may include funding of)) In developing long-term comprehensive
plans to reduce the rate of at-risk children and youth, the community networks
shall consider increasing employment and job training opportunities in
recognition that they constitute an effective network strategy and strong
protective factor. The networks shall consider and may include funding of:
(a) At-risk youth job
placement and training programs. The programs shall:
(i) Identify and
recruit at-risk youth for local job opportunities;
(ii) Provide skills and
needs assessments for each youth recruited;
(iii) Provide career
and occupational counseling to each youth recruited;
(iv) Identify
businesses willing to provide employment and training opportunities for at-risk
youth;
(v) Match each youth
recruited with a business that meets his or her skills and training needs;
(vi) Provide employment
and training opportunities that prepare the individual for demand occupations;
and
(vii) Include, to the
extent possible, collaboration of business, labor, education and training,
community organizations, and local government;
(b) Employment
assistance, including job development, school-to-work placement, employment
readiness training, basic skills, apprenticeships, job mentoring, and private
sector and community service employment;
(c) Education
assistance, including tutoring, mentoring, interactions with role models,
entrepreneurial education and projects, violence prevention training, safe
school strategies, and employment reentry assistance services;
(((d))) (4)
The community network may include funding of:
(a)
Peer-to-peer, group, and individual counseling, including crisis intervention,
for at-risk youth and their parents;
(((e))) (b)
Youth coalitions that provide opportunities to develop leadership skills and
gain appropriate respect, recognition, and rewards for their positive
contribution to their community;
(((f))) (c)
Technical assistance to applicants to increase their organizational capacity
and to improve the likelihood of a successful application; and
(((g))) (d)
Technical assistance and training resources to successful applicants.
Sec. 7. RCW 70.190.090 and 1994
sp.s. c 7 s 306 are each amended to read as follows:
(1) A ((community))
network that has its membership finalized under RCW 70.190.060(4) shall, upon
application to the council, be eligible to receive planning grants and
technical assistance from the council. Planning grants may be funded through
available federal funds for family preservation services. After receiving the
planning grant the ((region will be given)) network has up to one
year to submit the long-term comprehensive plan. ((Upon application the
community networks are eligible to receive funds appropriated under RCW
70.190.140.))
(2) The council shall
enter into biennial contracts with ((community)) networks as part of the
grant process. The contracts shall be consistent with available resources, and
shall be distributed in accordance with the distribution formula developed
pursuant to RCW 43.41.195, subject to the applicable matching fund
requirement.
(3) No later than
February 1 of each odd-numbered year following the initial contract between the
council and a network, the council shall request from the network its plan for
the upcoming biennial contract period.
(4) The council shall
notify the ((community)) networks of their allocation of available
resources at least sixty days prior to the start of a new biennial contract
period.
(5) The networks
shall, by contract, distribute funds (a) appropriated for plan implementation
by the legislature, and (b) obtained from nonstate or federal sources. In
distributing funds, the networks shall ensure that administrative costs are
held to a maximum of ten percent.
(6) A network shall
not provide services or operate programs.
(7) A network shall
file a report with the council by May 1 of each year that includes but is not
limited to the following information: Detailed expenditures, programs under
way, progress on contracted services and programs, and successes and problems
in achieving the outcomes required by RCW 70.190.130(1)(h) related to reducing
the rate of state-funded out-of-home placements and the other three at-risk
behaviors covered by the comprehensive plan and approved by the council.
Sec. 8. RCW 70.190.130 and 1994
sp.s. c 7 s 310 are each amended to read as follows:
(1) The council
shall only disburse funds to a ((community)) network after a
comprehensive plan has been prepared by the network and approved by the council
((or as provided in RCW 70.190.140)). In approving the plan the council
shall consider whether the network:
(((1))) (a)
Promoted input from the widest practical range of agencies and affected parties,
including public hearings;
(((2))) (b)
Reviewed the indicators of violence data compiled by the local public health
departments and incorporated a response to those indicators in the plan;
(((3))) (c)
Obtained a declaration by the largest health department within the ((network's
boundaries, ensuring that)) network boundary, indicating whether the
plan ((met)) meets minimum standards for assessment and policy
development relating to social development according to RCW 43.70.555;
(((4))) (d)
Included a specific mechanism of data collection and transmission based on the
rules established under RCW 43.70.555;
(((5))) (e)
Considered all relevant causes of violence in its community and did not isolate
only one or a few of the elements to the exclusion of others and demonstrated
evidence of building community capacity through effective neighborhood and
community development; ((and
(6))) (f) Considered youth employment and job
training programs outlined in this chapter as a strategy to reduce the rate of
at-risk children and youth;
(g) Integrated local
programs that met the network's priorities and were deemed successful by the
network;
(h) Committed to
make measurable reductions in the rate of at-risk children and youth by
reducing the rate of state-funded out-of-home placements and make reductions in
at least three of the following rates of youth: Violent criminal acts,
substance abuse, pregnancy and male parentage, suicide attempts, ((or))
dropping out of school, child abuse or neglect, and domestic violence; and
(i) Held a public
hearing on its proposed comprehensive plan and submitted to the council all of
the written comments received at the hearing and a copy of the minutes taken at
the hearing.
(2) The council may
establish a maximum amount to be expended by a network for purposes of planning
and administrative duties, that shall not, in total, exceed ten percent of
funds available to a network.
(3) The council may
determine that a network is not in compliance with this chapter if it fails to
comply with statutory requirements. Upon a determination of noncompliance, the
council may suspend or revoke a network's status or contract and specify a
process and deadline for the network's compliance.
NEW SECTION. Sec.
9. A new section is added
to chapter 70.190 RCW to read as follows:
(1) The network members
are immune from all civil liability arising from their actions done in their
decision-making capacity as a network member, except for their intentional
tortious acts or acts of official misconduct.
(2) The assets of a
network are not subject to attachment or execution in satisfaction of a
judgment for the tortious acts or official misconduct of any network member or
for the acts of any agency or program to which it provides funds.
NEW SECTION. Sec.
10. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
NEW SECTION. Sec.
11. The amendments to RCW
70.190.060 in 1996 c . . . s 3 (section 3 of this act) shall apply
prospectively only and are not intended to affect the composition of any
community public health and safety network's membership that has been approved
by the family policy council prior to the effective date of this section.
NEW SECTION. Sec.
12. (1) Section 7 of this act
shall take effect July 1, 1996.
(2)
Section 8 of this act is 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.
