AN ACT Relating to
services to families; amending RCW 74.14C.005, 74.14C.010, 74.14C.020,
74.14C.030, 74.14C.040, 74.14C.050, 74.14C.060, 74.14C.070, 13.04.030,
13.50.100, 74.15.020, 13.34.130, 13.34.145, 74.13.280, 74.15.120, 13.34.030,
13.34.233, 28A.225.330, and 13.34.110; reenacting and amending RCW 26.44.030;
adding new sections to chapter 74.14C RCW; adding new sections to chapter 74.13
RCW; creating new sections; repealing RCW 74.14C.035; and prescribing
penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 74.14C.005 and 1992
c 214 s 1 are each amended to read as follows:
(1) ((It is the
intent of the legislature to make available, within available funds, intensive
services to children and families that are designed to prevent the unnecessary
imminent placement of children in foster care, and designed to facilitate the
reunification of the children with their families.)) The legislature
believes that protecting the health and safety of children is paramount. The
legislature recognizes that the number of children entering out-of-home care is
increasing and that a number of children receive long-term foster care
protection. Reasonable efforts by the department to shorten out-of-home
placement or avoid it altogether should be a major focus of the child welfare
system. It is intended that providing up-front services decrease the number of
children entering out-of-home care and have the effect of eventually lowering
foster care expenditures and strengthening the family unit.
Within available
funds, the legislature directs the department to focus child welfare services
on protecting the child, strengthening families and, to the extent possible,
providing necessary services in the family setting, while drawing upon the
strengths of the family. The legislature intends services be locally based and
offered as early as possible to avoid disruption to the family, out-of-home
placement of the child, and entry into the dependency system. The legislature
also intends that these services be used for those families whose children are
returning to the home from out-of-home care. These services are known as
family preservation services and intensive family preservation services
and are characterized by the following values, beliefs, and goals:
(a) Safety of the child
is always the first concern;
(b) Children need their
families and should be raised by their own families whenever possible;
(c) Interventions
should focus on family strengths and be responsive to the individual ((family))
family's cultural values and needs; ((and))
(d) Participation
should be voluntary; and
(e) Improvement
of family functioning is essential in order to promote the child's health,
safety, and welfare and thereby allow the family to remain intact and allow
children to remain at home.
(2) Subject to the
availability of funds for such purposes, the legislature intends for ((family
preservation)) these services to be made available to all eligible
families on a state-wide basis through a phased-in process. Except as
otherwise specified by statute, the department of social and health services
shall have the authority and discretion to implement and expand ((family
preservation)) these services ((according to a plan and time
frame determined by the department)) as provided in this chapter. The
department shall consult with the community public health and safety networks
when assessing a community's resources and need for services.
(3) It is the
legislature's intent that, within available funds, the department develop
services in accordance with this chapter.
(4) Nothing in
this chapter shall be construed to create an entitlement to services nor to
create judicial authority to order the provision of ((family))
preservation services to any person or family ((where)) if the ((department
has determined that such)) services are unavailable or unsuitable or that
the child or family are not eligible for such services.
Sec. 2. RCW 74.14C.010 and 1992
c 214 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1)
"Department" means the department of social and health services.
(2) (("Family
preservation services" means services that are delivered primarily in the
home, that follow intensive service models with demonstrated effectiveness in
reducing or avoiding the need for unnecessary imminent foster care placement,
and that have all of the characteristics delineated in RCW 74.14C.020.
(3) "Foster
care" means placement of a child by the department or a licensed child
placing agency in a home or facility licensed pursuant to chapter 74.15 RCW, or
in a home or facility that is not required to be licensed pursuant to chapter
74.15 RCW.
(4))) "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)
"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) "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) "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)
"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 1992
c 214 s 3 are each amended to read as follows:
(1) Intensive family
preservation services shall have all of the following characteristics:
(((1))) (a)
Services are provided by specially trained ((caseworkers)) service
providers who have received at least forty hours of training from
recognized ((family preservation)) intensive in-home services
experts. ((Caseworkers provide)) Service providers deliver the
services in the family's home, and ((may provide some of the services in))
other ((natural)) environments of the family, such as their neighborhood
or schools;
(((2))) (b)
Caseload size averages two families per ((caseworker)) service
provider;
(((3))) (c)
The services to the family are provided by a single ((caseworker)) service
provider, with backup ((caseworkers)) providers identified to
provide assistance as necessary;
(((4) Caseworkers
have the authority and discretion to spend funds, up to a maximum amount
specified by the department, to help families obtain necessary food, shelter, or
clothing, or to purchase other goods or services that will enhance the
effectiveness of intervention;
(5))) (d) Services are available to the
family within twenty-four hours following receipt of a referral to the program;
(((6) Services are
available to the family twenty-four hours a day and seven days a week;
(7))) (e) Duration of service is limited to a
maximum of forty days, unless the department authorizes an additional provision
of service through an exception to policy((;
(8) Services assist
the family to improve parental and household management competence and to solve
practical problems that contribute to family stress so as to effect improved
parental performance and enhanced functioning of the family unit; and
(9) Services help
families locate and utilize additional assistance, including, but not limited
to, counseling and treatment services, housing, child care, education, job
training, emergency cash grants, state and federally funded public assistance,
and other basic support services)).
(2) Family
preservation services shall have all of the following characteristics:
(a) Services are
delivered primarily in the family home 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, unless the department
authorizes an additional provision of service through an exception to policy;
and
(f) Caseload size no
more than ten families per service provider, which can be adjusted according to
exceptions defined 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,
counseling and treatment services, housing, child care, education, job
training, emergency cash grants, state and federally funded public assistance,
and other basic support services.
Sec. 4. RCW 74.14C.030 and 1992
c 214 s 4 are each amended to read as follows:
(1) The department
shall be the lead administrative agency for ((family)) preservation
services and may receive funding from any source for the implementation or
expansion of such services. The department shall:
(a) Provide
coordination and planning with the advice of the community networks for
the implementation and expansion of ((family)) preservation services;
and
(b) Monitor and
evaluate such services to determine whether the programs meet measurable
standards specified by this chapter and the department.
(2) In carrying out the
requirements ((of subsection (1)(a))) of this section, the department
shall consult ((and coordinate with at least one)) with qualified
((private, nonprofit agency)) agencies that ((has)) have
demonstrated expertise and experience in ((family)) preservation
services.
(3) The department may
provide ((family)) preservation services directly and shall, within
available funds, enter into outcome-based, competitive contracts
with ((private, nonprofit)) 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)(a) The
department shall not ((continue direct provision of)) provide
intensive family preservation services unless it is demonstrated that
provision of such services prevent((s foster care)) 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 shall
not renew a contract with a service provider unless the provider can)) 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((s foster care)) out-of-home placement in at least
seventy percent of the cases served for a period of ((at least)) 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.
NEW SECTION. Sec.
5. A new section is added
to chapter 74.14C RCW to read as follows:
The department shall
collect data regarding the rates at which intensive family preservation
services prevent out-of-home placements over varying periods of time. The department
shall make an initial report to the appropriate committees of the legislature
of the data, and the proposed rules to implement this section, by December 1,
1995. The department shall present a report to the appropriate committees of
the legislature on September 1st of each odd-numbered year, commencing on
September 1, 1997.
Sec. 6. RCW 74.14C.040 and 1992
c 214 s 5 are each amended to read as follows:
(1) Intensive family
preservation services may be provided to children and their families only when
the department has determined that:
(a) The child has been
placed ((in foster care)) out-of-home or is at ((actual,))
imminent risk of ((foster care)) an out-of-home placement due to:
(i) Child abuse or
neglect;
(ii) A serious threat
of substantial harm to the child's health, safety, or welfare; or
(iii) Family conflict;
and
(b) There are no other reasonably
available services including family preservation services that will
prevent ((foster care)) out-of-home placement of the child or
make it possible to immediately return the child home.
(2) The department
shall refer eligible families to intensive family preservation services
on a twenty-four hour intake basis. The department need not refer otherwise
eligible families, and intensive family preservation services need not
be provided, if:
(a) The services are
not available in the community in which the family resides;
(b) The services cannot
be provided because the program is filled to capacity and there are no current
service openings;
(c) The family refuses
the services;
(d) The department, or
the agency that is supervising the foster care placement, has developed a case
plan that does not include reunification of the child and family; or
(e) The department or
the ((contracted)) service provider determines that the safety of a
child, a family member, or persons providing the service would be unduly
threatened.
(3) Nothing in this
chapter shall prevent provision of intensive family preservation
services to nonfamily members when the department or the service provider deems
it necessary or appropriate to do so in order to assist the family or child.
NEW SECTION. Sec.
7. A new section is added
to chapter 74.14C RCW to read as follows:
(1) Family preservation
services may be provided to children and their families only when the
department has determined that without intervention, the child faces a
substantial likelihood of out-of-home placement due to:
(a) Child abuse or
neglect;
(b) A serious threat of
substantial harm to the child's health, safety, or welfare; or
(c) Family conflict.
(2) The department need
not refer otherwise eligible families and family preservation services need not
be provided, if:
(a) The services are
not available in the community in which the family resides;
(b) The services cannot
be provided because the program is filled to capacity;
(c) The family refuses
the services; or
(d) The department or
the service provider determines that the safety of a child, a family member, or
persons providing the services would be unduly threatened.
(3) Nothing in this
chapter shall prevent provision of family preservation services to nonfamily
members when the department or the service provider deems it necessary or
appropriate to do so in order to assist the family or the child.
NEW SECTION. Sec.
8. A new section is added
to chapter 74.14C RCW to read as follows:
Each department
caseworker who refers a client for preservation services shall file a report
with his or her direct supervisor stating the reasons for which the client was
referred. The caseworker's supervisor shall verify in writing his or her
belief that the family who is the subject of a referral for preservation
services meets the eligibility criteria for services as provided in this
chapter. The direct supervisor shall report monthly to the regional
administrator on the provision of these services. The regional administrator
shall report to the assistant secretary quarterly on the provision of these
services for the entire region. The assistant secretary shall make a
semiannual report to the secretary on the provision of these services on a
state-wide basis.
Sec. 9. RCW 74.14C.050 and 1992
c 214 s 6 are each amended to read as follows:
(((1) The department
shall, within available funds, conduct a family preservation services study in
at least one region within the state. In developing and conducting the
project, the department shall consult and coordinate with at least one
qualified private, nonprofit agency that has demonstrated expertise and
experience in family preservation services. The purpose of the study is to))
By December 1, 1995, the department, with the assistance of the family
policy council, two urban and two rural public health and safety networks to be
chosen by the family policy council, and two private, nonprofit agencies with
expertise and experience in preservation services shall submit to the
legislature an implementation and evaluation plan that identifies:
(((a) Develop)) (1)
A valid and reliable process that can be used by caseworkers for
accurately identifying clients who are eligible for intensive family
preservation services and family preservation services. The plan shall
recognize the due process rights of families that receive preservation services
and recognize that family preservation services are not intended to be
investigative for purposes of chapter 13.34 RCW;
(((b) Collect)) (2)
Necessary data ((on)) by which ((to base)) program
success will be measured, projections of service needs, budget requests,
and long-range planning;
(((c) Develop)) (3)
Regional and state-wide projections of service needs;
(((d) Develop)) (4)
A cost estimate for state-wide implementation and expansion of ((family))
preservation services on a ((state-wide)) phased-in basis beginning
no later than July 1, 1996;
(((e) Develop a
long-range)) (5) A plan and time frame for ((expanding the
availability)) phased-in implementation of ((family))
preservation services ((and ultimately making such services available to all
eligible families)) on a state-wide basis to be accomplished as soon as
possible but no later than July 1, 1997; ((and
(f) Collect)) (6) Data regarding the number of
children in foster care, group care, ((and)) institutional placements,
and other out-of-home placements due to medical needs, mental health needs,
developmental disabilities, and juvenile offenses, and ((assess)) an
assessment of the feasibility of ((expanding family)) providing
preservation services ((eligibility)) to include all of these
children;
(7) Standards and
outcome measures for the department when the department provides preservation
services directly; and
(8) A process to
assess outcome measures identified in RCW 74.14C.030 for contractors providing
preservation services.
(((2) The department
shall prepare a report to the legislature that addresses the objectives set
forth in subsection (1) of this section. The report shall address the
feasibility of expanding and implementing family preservation services on a
state-wide basis. The report is due January 1, 1993.))
Sec. 10. RCW 74.14C.060 and 1992
c 214 s 7 are each amended to read as follows:
For the purpose of
providing ((family)) preservation services ((to children who would
otherwise be removed from their homes,)) the department may:
(1) Solicit and use any
available federal or private resources, which may include funds, in-kind
resources, or volunteer services; and
(2) Use any available
state resources, which may include in-kind resources or volunteer services.
Sec. 11. RCW 74.14C.070 and 1994
c 288 s 3 are each amended to read as follows:
((After July 1,
1993,)) The secretary of social and health services, or the secretary's
regional designee, may transfer funds appropriated for foster care services to
purchase ((family)) preservation services and other preventive services
for children at imminent risk of ((foster care)) out-of-home
placement or who face a substantial likelihood of out-of-home placement.
This transfer may be made in those regions that lower foster care expenditures
through efficient use of preservation services and permanency planning
efforts. The transfer shall be equivalent to the amount of reduced foster care
expenditures and shall be made in accordance with the provisions of this
chapter and with the approval of the office of financial management. The
secretary shall ((notify)) present an annual report to the ((appropriate
committees of the senate and house of representatives of)) legislature
regarding any transfers under this section. The secretary shall include
caseload, expenditure, cost avoidance, identified improvements to the ((foster))
out-of-home care system, and outcome data related to the transfer in the
((notification)) report. The secretary shall also include in the
report information regarding: (1) The percent of cases where a child is placed
in out-of-home care after the provision of intensive family preservation
services or family preservation services; (2) the average length of time before
such child is placed out-of-home; (3) the average length of time such child is
placed out-of-home; and (4) the number of families that refused the offer of
either family preservation services or intensive family preservation services.
NEW SECTION. Sec.
12. A new section is added
to chapter 74.14C RCW to read as follows:
(1) The department
shall, within available funds, provide for ongoing training and consultation to
department personnel to carry out their responsibilities effectively. Such
training may:
(a) Include the family
unit as the primary focus of service; identifying family member strengths;
empowering families; child, adult, and family development; stress management;
and may include parent training and family therapy techniques;
(b) Address intake and
referral, assessment of risk, case assessment, matching clients to services,
and service planning issues in the context of the home-delivered service model,
including strategies for engaging family members, defusing violent situations,
and communication and conflict resolution skills;
(c) Cover methods of
helping families acquire the skills they need, including home management
skills, life skills, parenting, child development, and the use of community
resources;
(d) Address crisis
intervention and other strategies for the management of depression, and
suicidal, assaultive, and other high-risk behavior; and
(e) Address skills in
collaborating with other disciplines and services in promoting the safety of
children and other family members and promoting the preservation of the family.
(2) The department and
the office of the administrator for the courts shall, within available funds,
collaborate in providing training to judges, and others involved in the
provision of services pursuant to this title, including service providers, on
the function and use of preservation services.
NEW SECTION. Sec.
13. The initial contracts
under RCW 74.14C.030(3) shall be executed not later than July 1996 and shall
expire June 30, 1997. Subsequent contracts shall be for periods not to exceed
twenty-four months.
NEW SECTION. Sec.
14. A new section is added
to chapter 74.13 RCW to read as follows:
If the department is
denied lawful access to records or information, or requested records or
information is not provided in a timely manner, the department may petition the
court for an order compelling disclosure.
(1) The petition shall
be filed in the juvenile court for the county in which the record or
information is located or the county in which the person who is the subject of
the record or information resides. If the person who is the subject of the
record or information is a party to or the subject of a pending proceeding under
chapter 13.32A or 13.34 RCW, the petition shall be filed in such proceeding.
(2) Except as otherwise
provided in this section, the persons from whom and about whom the record or
information is sought shall be served with a summons and a petition at least
seven calendar days prior to a hearing on the petition. The court may order
disclosure upon ex parte application of the department, without prior notice to
any person, if the court finds there is reason to believe access to the record
or information is necessary to determine whether the child is in imminent
danger and in need of immediate protection.
(3) The court shall
grant the petition upon a showing that there is reason to believe that the
record or information sought is necessary for the health, safety, or welfare of
the child who is currently receiving child welfare services.
Sec. 15. RCW 13.04.030 and 1994
sp.s. c 7 s 519 are each amended to read as follows:
(1) Except as provided
in subsection (2) of this section, the juvenile courts in the several counties
of this state, shall have exclusive original jurisdiction over all proceedings:
(a) Under the
interstate compact on placement of children as provided in chapter 26.34 RCW;
(b) Relating to
children alleged or found to be dependent as provided in chapter 26.44 RCW and
in RCW 13.34.030 through 13.34.170;
(c) Relating to the
termination of a parent and child relationship as provided in RCW 13.34.180
through 13.34.210;
(d) To approve or
disapprove alternative residential placement as provided in RCW 13.32A.170;
(e) Relating to
juveniles alleged or found to have committed offenses, traffic infractions, or
violations as provided in RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court
transfers jurisdiction of a particular juvenile to adult criminal court
pursuant to RCW 13.40.110; or
(ii) The statute of
limitations applicable to adult prosecution for the offense, traffic
infraction, or violation has expired; or
(iii) The alleged
offense or infraction is a traffic, fish, boating, or game offense or traffic
infraction committed by a juvenile sixteen years of age or older and would, if
committed by an adult, be tried or heard in a court of limited jurisdiction, in
which instance the appropriate court of limited jurisdiction shall have
jurisdiction over the alleged offense or infraction: PROVIDED, That if such an
alleged offense or infraction and an alleged offense or infraction subject to
juvenile court jurisdiction arise out of the same event or incident, the
juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That
the jurisdiction under this subsection does not constitute "transfer"
or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this
subsection: PROVIDED FURTHER, That courts of limited jurisdiction which
confine juveniles for an alleged offense or infraction may place juveniles in
juvenile detention facilities under an agreement with the officials responsible
for the administration of the juvenile detention facility in RCW 13.04.035 and
13.20.060; or
(iv) The juvenile is
sixteen or seventeen years old and the alleged offense is: (A) A serious
violent offense as defined in RCW 9.94A.030 committed on or after June 13,
1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or
after June 13, 1994, and the juvenile has a criminal history consisting of:
(I) One or more prior serious violent offenses; (II) two or more prior violent
offenses; or (III) three or more of any combination of the following offenses:
Any class A felony, any class B felony, vehicular assault, or manslaughter in
the second degree, all of which must have been committed after the juvenile's
thirteenth birthday and prosecuted separately. In such a case the adult
criminal court shall have exclusive original jurisdiction.
If the juvenile
challenges the state's determination of the juvenile's criminal history, the
state may establish the offender's criminal history by a preponderance of the
evidence. If the criminal history consists of adjudications entered upon a
plea of guilty, the state shall not bear a burden of establishing the knowing
and voluntariness of the plea;
(f) Under the
interstate compact on juveniles as provided in chapter 13.24 RCW;
(g) Relating to
termination of a diversion agreement under RCW 13.40.080, including a
proceeding in which the divertee has attained eighteen years of age; ((and))
(h) Relating to court
validation of a voluntary consent to ((foster care)) an out-of-home
placement under chapter 13.34 RCW, by the parent or Indian custodian of an
Indian child, except if the parent or Indian custodian and child are residents
of or domiciled within the boundaries of a federally recognized Indian
reservation over which the tribe exercises exclusive jurisdiction; and
(i) Relating to
petitions to compel disclosure of information filed by the department of social
and health services pursuant to section 14 of this act.
(2) The family court
shall have concurrent original jurisdiction with the juvenile court over all
proceedings under this section if the superior court judges of a county
authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) A juvenile subject
to adult superior court jurisdiction under subsection (1)(e) (i) through (iv)
of this section, who is detained pending trial, may be detained in a county
detention facility as defined in RCW 13.40.020 pending sentencing or a
dismissal.
Sec. 16. RCW 13.50.100 and 1990 c
246 s 9 are each amended to read as follows:
(1) This section
governs records not covered by RCW 13.50.050.
(2) Records covered by
this section shall be confidential and shall be released only pursuant to this
section and RCW 13.50.010.
(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 child abuse or
neglect.
(5) A juvenile or his
or her parent denied access to any records following an agency determination
under subsection (4) of this section may file a motion in juvenile court
requesting access to the records. The court shall grant the motion unless it
finds access may not be permitted according to the standards found in
subsections (4) (a) and (b) of this section.
(6) The person making a
motion under subsection (5) of this section shall give reasonable notice of the
motion to all parties to the original action and to any agency whose records
will be affected by the motion.
(7) Subject to the
rules of discovery in civil cases, any party to a proceeding seeking a
declaration of dependency or a termination of the parent-child relationship and
any party's counsel and the guardian ad litem of any party, shall have access
to the records of any natural or adoptive child of the parent, subject to the
limitations in subsection (4) of this section.
(((8) Information
concerning a juvenile or a juvenile's family contained in records covered by
this section may be released to the public only when that information could not
reasonably be expected to identify the juvenile or the juvenile's family.))
Sec. 17. RCW 26.44.030 and 1993 c
412 s 13 and 1993 c 237 s 1 are each reenacted and amended to read as follows:
(1)(a) When any
practitioner, county coroner or medical examiner, law enforcement officer,
professional school personnel, registered or licensed nurse, social service
counselor, psychologist, pharmacist, licensed or certified child care providers
or their employees, employee of the department, or juvenile probation officer
has reasonable cause to believe that a child or adult dependent or
developmentally disabled person, has suffered abuse or neglect, he or she shall
report such incident, or cause a report to be made, to the proper law
enforcement agency or to the department as provided in RCW 26.44.040.
(b) The reporting
requirement shall also apply to any adult who has reasonable cause to believe
that a child or adult dependent or developmentally disabled person, who resides
with them, has suffered severe abuse, and is able or capable of making a
report. For the purposes of this subsection, "severe abuse" means
any of the following: Any single act of abuse that causes physical trauma of
sufficient severity that, if left untreated, could cause death; any single act
of sexual abuse that causes significant bleeding, deep bruising, or significant
external or internal swelling; or more than one act of physical abuse, each of
which causes bleeding, deep bruising, significant external or internal
swelling, bone fracture, or unconsciousness.
(c) The report shall be
made at the first opportunity, but ((; and)) in no case longer than
forty-eight hours after there is reasonable cause to believe that the child or
adult has suffered abuse or neglect. The report shall include the identity of
the accused if known.
(2) The reporting
requirement of subsection (1) of this section does not apply to the discovery
of abuse or neglect that occurred during childhood if it is discovered after
the child has become an adult. However, if there is reasonable cause to
believe other children, dependent adults, or developmentally disabled persons
are or may be at risk of abuse or neglect by the accused, the reporting
requirement of subsection (1) of this section shall apply.
(3) Any other person
who has reasonable cause to believe that a child or adult dependent or
developmentally disabled person has suffered abuse or neglect may report such
incident to the proper law enforcement agency or to the department of social
and health services as provided in RCW 26.44.040.
(4) The department,
upon receiving a report of an incident of abuse or neglect pursuant to this
chapter, involving a child or adult dependent or developmentally disabled
person who has died or has had physical injury or injuries inflicted upon him
or her other than by accidental means or who has been subjected to sexual
abuse, shall report such incident to the proper law enforcement agency. In
emergency cases, where the child, adult dependent, or developmentally disabled
person's welfare is endangered, the department shall notify the proper law
enforcement agency within twenty-four hours after a report is received by the
department. In all other cases, the department shall notify the law
enforcement agency within seventy-two hours after a report is received by the
department. If the department makes an oral report, a written report shall
also be made to the proper law enforcement agency within five days thereafter.
(5) Any law enforcement
agency receiving a report of an incident of abuse or neglect pursuant to this
chapter, involving a child or adult dependent or developmentally disabled
person who has died or has had physical injury or injuries inflicted upon him or
her other than by accidental means, or who has been subjected to sexual abuse,
shall report such incident in writing as provided in RCW 26.44.040 to the
proper county prosecutor or city attorney for appropriate action whenever the
law enforcement agency's investigation reveals that a crime may have been
committed. The law enforcement agency shall also notify the department of all
reports received and the law enforcement agency's disposition of them. In
emergency cases, where the child, adult dependent, or developmentally disabled
person's welfare is endangered, the law enforcement agency shall notify the
department within twenty-four hours. In all other cases, the law enforcement
agency shall notify the department within seventy-two hours after a report is
received by the law enforcement agency.
(6) Any county
prosecutor or city attorney receiving a report under subsection (5) of this
section shall notify the victim, any persons the victim requests, and the local
office of the department, of the decision to charge or decline to charge a
crime, within five days of making the decision.
(7) The department may
conduct ongoing case planning and consultation with those persons or agencies
required to report under this section, with consultants designated by the
department, and with designated representatives of Washington Indian tribes if
the client information exchanged is pertinent to cases currently receiving
child protective services or department case services for the developmentally
disabled. Upon request, the department shall conduct such planning and
consultation with those persons required to report under this section if the
department determines it is in the best interests of the child or
developmentally disabled person. Information considered privileged by statute
and not directly related to reports required by this section shall not be
divulged without a valid written waiver of the privilege.
(8) Any case referred
to the department by a physician licensed under chapter 18.57 or 18.71 RCW on
the basis of an expert medical opinion that child abuse, neglect, or sexual
assault has occurred and that the child's safety will be seriously endangered
if returned home, the department shall file a dependency petition unless a
second licensed physician of the parents' choice believes that such expert
medical opinion is incorrect. If the parents fail to designate a second
physician, the department may make the selection. If a physician finds that a
child has suffered abuse or neglect but that such abuse or neglect does not
constitute imminent danger to the child's health or safety, and the department
agrees with the physician's assessment, the child may be left in the parents'
home while the department proceeds with reasonable efforts to remedy parenting
deficiencies.
(9) Persons or agencies
exchanging information under subsection (7) of this section shall not further
disseminate or release the information except as authorized by state or federal
statute. Violation of this subsection is a misdemeanor.
(10) Upon receiving
reports of abuse or neglect, the department or law enforcement agency may
interview children. The interviews may be conducted on school premises, at
day-care facilities, at the child's home, or at other suitable locations
outside of the presence of parents. Parental notification of the interview
shall occur at the earliest possible point in the investigation that will not
jeopardize the safety or protection of the child or the course of the
investigation. Prior to commencing the interview the department or law
enforcement agency shall determine whether the child wishes a third party to be
present for the interview and, if so, shall make reasonable efforts to
accommodate the child's wishes. Unless the child objects, the department or
law enforcement agency shall make reasonable efforts to include a third party
in any interview so long as the presence of the third party will not jeopardize
the course of the investigation.
(11) Upon receiving a
report of child abuse and neglect, the department or investigating law
enforcement agency shall have access to all relevant records of the child in
the possession of mandated reporters and their employees.
(12) The department
shall maintain investigation records and conduct timely and periodic reviews of
all cases constituting abuse and neglect. The department shall maintain a log
of screened-out nonabusive cases.
(13) The department
shall use a risk assessment process when investigating child abuse and neglect
referrals. The department shall present the risk factors at all hearings in
which the placement of a dependent child is an issue. The department shall,
within funds appropriated for this purpose, offer enhanced community-based
services to persons who are determined not to require further state intervention.
The department shall
provide annual reports to the ((appropriate committees of the senate and
house of representatives)) legislature on the effectiveness of the
risk assessment process.
(14) Upon receipt of a
report of abuse or neglect the law enforcement agency may arrange to interview
the person making the report and any collateral sources to determine if any
malice is involved in the reporting.
Sec. 18. RCW 74.15.020 and 1994 c
273 s 21 are each amended to read as follows:
For the purpose of
chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by
the context thereof, the following terms shall mean:
(1)
"Department" means the state department of social and health
services;
(2)
"Secretary" means the secretary of social and health services;
(3) "Agency"
means any person, firm, partnership, association, corporation, or facility
which receives children, expectant mothers, or persons with developmental
disabilities for control, care, or maintenance outside their own homes, or
which places, arranges the placement of, or assists in the placement of
children, expectant mothers, or persons with developmental disabilities for
foster care or placement of children for adoption, and shall include the
following irrespective of whether there is compensation to the agency or to the
children, expectant mothers or persons with developmental disabilities for
services rendered:
(a) "Group-care
facility" means an agency, other than a foster-family home, which is
maintained and operated for the care of a group of children on a twenty-four
hour basis;
(b) "Child-placing
agency" means an agency which places a child or children for temporary
care, continued care, or for adoption;
(c) "Maternity
service" means an agency which provides or arranges for care or services
to expectant mothers, before or during confinement, or which provides care as
needed to mothers and their infants after confinement;
(d) "Day-care
center" means an agency which regularly provides care for a group of
children for periods of less than twenty-four hours;
(e) "Family
day-care provider" means a licensed day-care provider who regularly
provides day care for not more than twelve children in the provider's home in
the family living quarters;
(f) "Foster-family
home" means an agency which regularly provides care on a twenty-four hour
basis to one or more children, expectant mothers, or persons with developmental
disabilities in the family abode of the person or persons under whose direct
care and supervision the child, expectant mother, or person with a
developmental disability is placed;
(g) "Crisis
residential center" means an agency which is a temporary protective
residential facility operated to perform the duties specified in chapter 13.32A
RCW, in the manner provided in RCW 74.13.032 through 74.13.036.
(4) "Agency"
shall not include the following:
(a) ((Persons
related by blood or marriage to the child, expectant mother, or persons with
developmental disabilities in the following degrees: Parent, grandparent,
brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first
cousin)) Persons related to the child, expectant mother, or person with
developmental disabilities in the following ways:
(i) Any blood
relative, including those of half blood, and including first cousins, nephews
or nieces, and persons of preceding generations as denoted by prefixes of grand,
great, or great-great;
(ii) Stepfather,
stepmother, stepbrother, and stepsister;
(iii) A person who
legally adopts a child or the child's parent as well as the natural and other
legally adopted children of such persons, and other relatives of the adoptive
parents in accordance with state law;
(iv) Spouses of any
persons named in (a)(i), (ii), or (iii) of this subsection, even if a marriage
is terminated; or
(v) Extended family
members, as defined by the law or custom of the Indian child's tribe or, in the
absence of such law or custom, a person who has reached the age of eighteen and
who is the Indian child's grandparent, aunt or uncle, brother or sister,
brother-in-law or sister-in-law, niece or nephew, first or second cousin, or
stepparent who provides care in the family abode on a twenty-four-hour basis to
an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are
legal guardians of the child, expectant mother, or persons with developmental
disabilities;
(c) Persons who care
for a neighbor's or friend's child or children, with or without compensation,
where the person does not engage in such activity on a regular basis, or where
parents on a mutually cooperative basis exchange care of one another's
children, or persons who have the care of an exchange student in their own
home;
(d) A person,
partnership, corporation, or other entity that provides placement or similar
services to exchange students or international student exchange visitors;
(e) Nursery schools or
kindergartens which are engaged primarily in educational work with preschool
children and in which no child is enrolled on a regular basis for more than
four hours per day;
(f) Schools, including
boarding schools, which are engaged primarily in education, operate on a definite
school year schedule, follow a stated academic curriculum, accept only
school-age children and do not accept custody of children;
(g) Seasonal camps of
three months' or less duration engaged primarily in recreational or educational
activities;
(h) Hospitals licensed
pursuant to chapter 70.41 RCW when performing functions defined in chapter
70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes
licensed under chapter 18.20 RCW;
(i) Licensed physicians
or lawyers;
(j) Facilities providing
care to children for periods of less than twenty-four hours whose parents
remain on the premises to participate in activities other than employment;
(k) Facilities approved
and certified under chapter 71A.22 RCW;
(l) Any agency having
been in operation in this state ten years prior to June 8, 1967, and not
seeking or accepting moneys or assistance from any state or federal agency, and
is supported in part by an endowment or trust fund;
(m) Persons who have a
child in their home for purposes of adoption, if the child was placed in such
home by a licensed child-placing agency, an authorized public or tribal agency
or court or if a replacement report has been filed under chapter 26.33 RCW and
the placement has been approved by the court;
(n) An agency operated
by any unit of local, state, or federal government or an agency, located within
the boundaries of a federally recognized Indian reservation, licensed by the
Indian tribe;
(o) An agency located
on a federal military reservation, except where the military authorities
request that such agency be subject to the licensing requirements of this
chapter.
(5)
"Requirement" means any rule, regulation or standard of care to be
maintained by an agency.
Sec. 19. RCW 13.34.130 and 1994 c
288 s 4 are each amended to read as follows:
If, after a
fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; after consideration of the predisposition report prepared
pursuant to RCW 13.34.110 and after a disposition hearing has been held
pursuant to RCW 13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1) The court shall
order one of the following dispositions of the case:
(a) Order a disposition
other than removal of the child from his or her home, which shall provide a
program designed to alleviate the immediate danger to the child, to mitigate or
cure any damage the child has already suffered, and to aid the parents so that
the child will not be endangered in the future. In selecting a program, the
court should choose those services that least interfere with family autonomy,
provided that the services are adequate to protect the child.
(b) Order that the
child be removed from his or her home and ordered into the custody, control,
and care of a relative or the department of social and health services or a
licensed child placing agency for placement in a foster family home or group
care facility licensed pursuant to chapter 74.15 RCW or in a home not required
to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause
to believe that the safety or welfare of the child would be jeopardized or that
efforts to reunite the parent and child will be hindered, such child shall be
placed with ((a grandparent, brother, sister, stepbrother, stepsister,
uncle, aunt, or first cousin)) a person who is related to the child as
defined in RCW 74.15.020(4)(a) and with whom the child has a relationship
and is comfortable, and who is willing and available to care for the child. An
order for out-of-home placement may be made only if the court finds that
reasonable efforts have been made to prevent or eliminate the need for removal
of the child from the child's home and to make it possible for the child to
return home, specifying the services that have been provided to the child and
the child's parent, guardian, or legal custodian, and that preventive services
have been offered or provided and have failed to prevent the need for
out-of-home placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home, and that:
(i) There is no parent
or guardian available to care for such child;
(ii) The parent,
guardian, or legal custodian is not willing to take custody of the child;
(iii) A manifest danger
exists that the child will suffer serious abuse or neglect if the child is not
removed from the home and an order under RCW 26.44.063 would not protect the
child from danger; or
(iv) The extent of the
child's disability is such that the parent, guardian, or legal custodian is
unable to provide the necessary care for the child and the parent, guardian, or
legal custodian has determined that the child would benefit from placement
outside of the home.
(2) If the court has
ordered a child removed from his or her home pursuant to subsection (1)(b) of
this section, the court may order that a petition seeking termination of the parent
and child relationship be filed if the court finds it is recommended by the
supervising agency, that it is in the best interests of the child and that it
is not reasonable to provide further services to reunify the family because the
existence of aggravated circumstances make it unlikely that services will
effectuate the return of the child to the child's parents in the near future.
In determining whether aggravated circumstances exist, the court shall consider
one or more of the following:
(a) Conviction of the
parent of rape of the child in the first, second, or third degree as defined in
RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b) Conviction of the
parent of criminal mistreatment of the child in the first or second degree as
defined in RCW 9A.42.020 and 9A.42.030;
(c) Conviction of the
parent of one of the following assault crimes, when the child is the victim:
Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021
or assault of a child in the first or second degree as defined in RCW 9A.36.120
or 9A.36.130;
(d) Conviction of the
parent of murder, manslaughter, or homicide by abuse of the child's other
parent, sibling, or another child;
(e) A finding by a
court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(f) Failure of the
parent to complete available treatment ordered under this chapter or the
equivalent laws of another state, where such failure has resulted in a prior
termination of parental rights to another child and the parent has failed to
effect significant change in the interim.
(3) Whenever a child is
ordered removed from the child's home, the agency charged with his or her care
shall provide the court with:
(a) A permanency plan
of care that shall identify one of the following outcomes as a primary goal and
may identify additional outcomes as alternative goals: Return of the child to
the home of the child's parent, guardian, or legal custodian; adoption;
guardianship; or long-term relative or foster care, until the child is age eighteen,
with a written agreement between the parties and the care provider.
(b) Unless the court
has ordered, pursuant to subsection (2) of this section, that a termination
petition be filed, a specific plan as to where the child will be placed, what
steps will be taken to return the child home, and what actions the agency will
take to maintain parent-child ties. All aspects of the plan shall include the
goal of achieving permanence for the child.
(i) The agency plan
shall specify what services the parents will be offered in order to enable them
to resume custody, what requirements the parents must meet in order to resume
custody, and a time limit for each service plan and parental requirement.
(ii) The agency shall
be required to encourage the maximum parent-child contact possible, including
regular visitation and participation by the parents in the care of the child
while the child is in placement. Visitation may be limited or denied only if
the court determines that such limitation or denial is necessary to protect the
child's health, safety, or welfare.
(iii) A child shall be
placed as close to the child's home as possible, preferably in the child's own
neighborhood, unless the court finds that placement at a greater distance is
necessary to promote the child's or parents' well-being.
(iv) The agency charged
with supervising a child in placement shall provide all reasonable services
that are available within the agency, or within the community, or those
services which the department of social and health services has existing
contracts to purchase. It shall report to the court if it is unable to provide
such services.
(c) If the court has
ordered, pursuant to subsection (2) of this section, that a termination
petition be filed, a specific plan as to where the child will be placed, what
steps will be taken to achieve permanency for the child, services to be offered
or provided to the child, and, if visitation would be in the best interests of
the child, a recommendation to the court regarding visitation between parent
and child pending a fact-finding hearing on the termination petition. The
agency shall not be required to develop a plan of services for the parents or
provide services to the parents.
(4) If there is
insufficient information at the time of the disposition hearing upon which to
base a determination regarding the suitability of a proposed placement with a
relative, the child shall remain in foster care and the court shall direct the
supervising agency to conduct necessary background investigations as provided
in chapter 74.15 RCW and report the results of such investigation to the court
within thirty days. However, if such relative appears otherwise suitable and
competent to provide care and treatment, the criminal history background check
need not be completed before placement, but as soon as possible after
placement. Any placements with relatives, pursuant to this section, shall be
contingent upon cooperation by the relative with the agency case plan and
compliance with court orders related to the care and supervision of the child
including, but not limited to, court orders regarding parent-child contacts and
any other conditions imposed by the court. Noncompliance with the case plan or
court order shall be grounds for removal of the child from the relative's home,
subject to review by the court.
(5) Except for children
whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the
status of all children found to be dependent shall be reviewed by the court at
least every six months from the beginning date of the placement episode or the
date dependency is established, whichever is first, at a hearing in which it
shall be determined whether court supervision should continue. The review
shall include findings regarding the agency and parental completion of
disposition plan requirements, and if necessary, revised permanency time
limits.
(a) A child shall not
be returned home at the review hearing unless the court finds that a reason for
removal as set forth in this section no longer exists. The parents, guardian,
or legal custodian shall report to the court the efforts they have made to
correct the conditions which led to removal. If a child is returned, casework
supervision shall continue for a period of six months, at which time there
shall be a hearing on the need for continued intervention.
(b) If the child is not
returned home, the court shall establish in writing:
(i) Whether reasonable
services have been provided to or offered to the parties to facilitate reunion,
specifying the services provided or offered;
(ii) Whether the child
has been placed in the least-restrictive setting appropriate to the child's
needs, including whether consideration has been given to placement with the
child's relatives;
(iii) Whether there is
a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has
been compliance with the case plan by the child, the child's parents, and the
agency supervising the placement;
(v) Whether progress
has been made toward correcting the problems that necessitated the child's
placement in out-of-home care;
(vi) Whether the
parents have visited the child and any reasons why visitation has not occurred
or has been infrequent;
(vii) Whether
additional services are needed to facilitate the return of the child to the
child's parents; if so, the court shall order that reasonable services be
offered specifying such services; and
(viii) The projected
date by which the child will be returned home or other permanent plan of care
will be implemented.
(c) The court at the
review hearing may order that a petition seeking termination of the parent and
child relationship be filed.
Sec. 20. RCW 13.34.145 and 1994 c
288 s 5 are each amended to read as follows:
(1) A permanency plan
shall be developed no later than sixty days from the time the supervising
agency assumes responsibility for providing services, including placing the
child, or at the time of a hearing under RCW 13.34.130, whichever occurs
first. The permanency planning process continues until a permanency planning
goal is achieved or dependency is dismissed. The planning process shall
include reasonable efforts to return the child to the parent's home.
(a) Whenever a child is
placed in out-of-home care pursuant to RCW 13.34.130, the agency that has
custody of the child shall provide the court with a written permanency plan of
care directed towards securing a safe, stable, and permanent home for the child
as soon as possible. The plan shall identify one of the following outcomes as
the primary goal and may also identify additional outcomes as alternative
goals: Return of the child to the home of the child's parent, guardian, or
legal custodian; adoption; guardianship; or long-term relative or foster care,
until the child is age eighteen, with a written agreement between the parties
and the care provider.
(b) The identified
outcomes and goals of the permanency plan may change over time based upon the
circumstances of the particular case.
(c) Permanency planning
goals should be achieved at the earliest possible date, preferably before the
child has been in out-of-home care for fifteen months. In cases where
parental rights have been terminated, the child is legally free for adoption,
and adoption has been identified as the primary permanency planning goal, it
shall be a goal to complete the adoption within six months following entry of
the termination order.
(2)(a) For children ten
and under, a permanency planning hearing shall be held in all cases where the
child has remained in out-of-home care for at least nine months and an adoption
decree or guardianship order has not previously been entered. The hearing
shall take place no later than twelve months following commencement of the
current placement episode.
(b) For children over
ten, a permanency planning hearing shall be held in all cases where the child
has remained in out-of-home care for at least fifteen months and an adoption
decree or guardianship order has not previously been entered. The hearing
shall take place no later than eighteen months following commencement of the
current placement episode.
(3) Whenever a child is
removed from the home of a dependency guardian or long-term relative or foster
care provider, and the child is not returned to the home of the parent,
guardian, or legal custodian but is placed in out-of-home care, a permanency
planning hearing shall take place no later than twelve or eighteen months, as
provided in subsection (2) of this section, following the date of removal
unless, prior to the hearing, the child returns to the home of the dependency
guardian or long-term care provider, the child is placed in the home of the
parent, guardian, or legal custodian, an adoption decree or guardianship order
is entered, or the dependency is dismissed.
(4) No later than ten
working days prior to the permanency planning hearing, the agency having
custody of the child shall submit a written permanency plan to the court and
shall mail a copy of the plan to all parties and their legal counsel, if any.
(5) At the permanency
planning hearing, the court shall enter findings as required by RCW
13.34.130(5) and shall review the permanency plan prepared by the agency. If
the child has resided in the home of a foster parent or relative for more than
six months prior to the permanency planning hearing, the court shall also enter
a finding regarding whether the foster parent or relative was informed of the
hearing as required in RCW 74.13.280. If a goal of long-term foster or
relative care has been achieved prior to the permanency planning hearing, the
court shall review the child's status to determine whether the placement and
the plan for the child's care remain appropriate. In cases where the primary
permanency planning goal has not yet been achieved, the court shall inquire
regarding the reasons why the primary goal has not been achieved and determine
what needs to be done to make it possible to achieve the primary goal. In all
cases, the court shall:
(a)(i) Order the
permanency plan prepared by the agency to be implemented; or
(ii) Modify the
permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child
returned home only if the court finds that a reason for removal as set forth in
RCW 13.34.130 no longer exists; or
(ii) Order the child to
remain in out-of-home care for a limited specified time period while efforts
are made to implement the permanency plan.
(6) If the court orders
the child returned home, casework supervision shall continue for at least six
months, at which time a review hearing shall be held pursuant to RCW
13.34.130(5), and the court shall determine the need for continued
intervention.
(7) Following the first
permanency planning hearing, the court shall hold a further permanency planning
hearing in accordance with this section at least once every twelve months until
a permanency planning goal is achieved or the dependency is dismissed, whichever
occurs first.
(8) Except as otherwise
provided in RCW 13.34.235, the status of all dependent children shall continue
to be reviewed by the court at least once every six months, in accordance with
RCW 13.34.130(5), until the dependency is dismissed. Prior to the second
permanency planning hearing, the agency that has custody of the child shall
consider whether to file a petition for termination of parental rights.
(9) Nothing in this
chapter may be construed to limit the ability of the agency that has custody of
the child to file a petition for termination of parental rights or a
guardianship petition at any time following the establishment of dependency.
Upon the filing of such a petition, a fact-finding hearing shall be scheduled
and held in accordance with this chapter unless the agency requests dismissal
of the petition prior to the hearing or unless the parties enter an agreed
order terminating parental rights, establishing guardianship, or otherwise
resolving the matter.
(10) The approval of a
permanency plan that does not contemplate return of the child to the parent
does not relieve the supervising agency of its obligation to provide reasonable
services, under this chapter, intended to effectuate the return of the child to
the parent, including but not limited to, visitation rights.
(11) Nothing in this
chapter may be construed to limit the procedural due process rights of any
party in a termination or guardianship proceeding filed under this chapter.
Sec. 21. RCW 74.13.280 and 1991 c
340 s 4 are each amended to read as follows:
(1) Except as provided
in RCW 70.24.105, whenever a child is placed in out-of-home care by the
department or a child-placing agency, the department or agency may share
information about the child and the child's family with the care provider and
may consult with the care provider regarding the child's case plan. If the
child is dependent pursuant to a proceeding under chapter 13.34 RCW, the
department or agency shall keep the care provider informed regarding the dates
and location of dependency review and permanency planning hearings
pertaining to the child.
(2) Any person who
receives information about a child or a child's family pursuant to this section
shall keep the information confidential and shall not further disclose or
disseminate the information except as authorized by law.
(3) Nothing in this
section shall be construed to limit the authority of the department or
child-placing agencies to disclose client information or to maintain client
confidentiality as provided by law.
Sec. 22. RCW 74.15.120 and 1979 c
141 s 361 are each amended to read as follows:
The secretary of social
and health services may, at his or her discretion, issue ((a
provisional)) an initial license instead of a full license,
to an agency or facility for a period not to exceed six months, renewable for a
period not to exceed two years, to allow such agency or facility reasonable
time to become eligible for full license((, except that a provisional)).
An initial license shall not be granted to any foster-family home except
as specified in this section. An initial license may be granted to a
foster-family home only if the following three conditions are met: (1) The
license is limited so that the licensee is authorized to provide care only to a
specific child or specific children; (2) the department has determined that the
licensee has a relationship with the child, and the child is comfortable with
the licensee, or that it would otherwise be in the child's best interest to
remain or be placed in the licensee's home; and (3) the initial license is
issued for a period not to exceed ninety days.
Sec. 23. RCW 13.34.030 and 1994 c
288 s 1 are each amended to read as follows:
For purposes of this
chapter:
(1) "Child"
and "juvenile" means any individual under the age of eighteen years.
(2) "Current
placement episode" means the period of time that begins with the most
recent date that the child was removed from the home of the parent, guardian,
or legal custodian for purposes of placement in out-of-home care and continues
until the child returns home, an adoption decree or guardianship order is
entered, or the dependency is dismissed, whichever occurs soonest. If the most
recent date of removal occurred prior to the filing of a dependency petition
under this chapter or after filing but prior to entry of a disposition order,
such time periods shall be included when calculating the length of a child's
current placement episode.
(3) "Dependency
guardian" means the person, nonprofit corporation, or Indian tribe
appointed by the court pursuant to RCW 13.34.232 for the limited purpose of
assisting the court in the supervision of the dependency.
(4) "Dependent
child" means any child:
(a) Who has been
abandoned; that is, where the child's parent, guardian, or other custodian has
((evidenced)) expressed either by statement or conduct, ((a
settled)) an intent to forego, for an extended period, ((all))
parental rights or ((all)) parental responsibilities despite an ability
to do so. If the court finds that the petitioner has exercised due
diligence in attempting to locate the parent, no contact between the child and
the child's parent, guardian, or other custodian for a period of three months
creates a rebuttable presumption of abandonment, even if there is no expressed
intent to abandon;
(b) Who is abused or
neglected as defined in chapter 26.44 RCW by a person legally responsible for
the care of the child;
(c) Who has no parent,
guardian, or custodian capable of adequately caring for the child, such that
the child is in circumstances which constitute a danger of substantial damage
to the child's psychological or physical development; or
(d) Who has a
developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian,
or legal custodian together with the department determines that services
appropriate to the child's needs can not be provided in the home. However,
(a), (b), and (c) of this subsection may still be applied if other reasons for
removal of the child from the home exist.
(5)
"Guardian" means the person or agency that: (a) Has been appointed
as the guardian of a child in a legal proceeding other than a proceeding under
this chapter; and (b) has the legal right to custody of the child pursuant to
such appointment. The term "guardian" shall not include a
"dependency guardian" appointed pursuant to a proceeding under this
chapter.
(6) "Guardian ad
litem" means a person, appointed by the court to represent the best
interest of a child in a proceeding under this chapter, or in any matter which
may be consolidated with a proceeding under this chapter. A
"court-appointed special advocate" appointed by the court to be the
guardian ad litem for the child, or to perform substantially the same duties
and functions as a guardian ad litem, shall be deemed to be guardian ad litem
for all purposes and uses of this chapter.
(7) "Guardian ad
litem program" means a court-authorized volunteer program, which is or may
be established by the superior court of the county in which such proceeding is
filed, to manage all aspects of volunteer guardian ad litem representation for
children alleged or found to be dependent. Such management shall include but
is not limited to: Recruitment, screening, training, supervision, assignment,
and discharge of volunteers.
(8) "Out-of-home
care" means placement in a foster family home or group care facility
licensed pursuant to chapter 74.15 RCW or placement in a home, other than that
of the child's parent, guardian, or legal custodian, not required to be licensed
pursuant to chapter 74.15 RCW.
(9) "Preventive
services" means ((family)) preservation services, as defined in ((RCW
74.14C.010)) chapter 74.14C RCW, and other reasonably available
services capable of preventing the need for out-of-home placement while
protecting the child.
Sec. 24. RCW 13.34.233 and 1994 c
288 s 8 are each amended to read as follows:
(1) Any party may
request the court to modify or terminate a dependency guardianship order under
RCW 13.34.150. Notice of any motion to modify or terminate the guardianship
shall be served on all other parties, including any agency that was responsible
for supervising the child's placement at the time the guardianship petition was
filed. Notice shall in all cases be served upon the department of social and
health services. If the department was not previously a party to the
guardianship proceeding, the department shall nevertheless have the right to
initiate a proceeding to modify or terminate a guardianship and the right to
intervene at any stage of such a proceeding.
(2) The guardianship
may be modified or terminated upon the motion of any party or the department if
the court finds by a preponderance of the evidence that there has been a substantial
change of circumstances subsequent to the establishment of the guardianship and
that it is in the child's best interest to modify or terminate the
guardianship. ((Unless all parties agree to entry of an order modifying or
terminating the guardianship,)) The court shall hold a hearing on
the motion before modifying or terminating a guardianship.
(3) Upon entry of an
order terminating the guardianship, the dependency guardian shall not have any
rights or responsibilities with respect to the child and shall not have legal
standing to participate as a party in further dependency proceedings pertaining
to the child. The court may allow the child's dependency guardian to attend
dependency review proceedings pertaining to the child for the sole purpose of
providing information about the child to the court.
(4) Upon entry of an
order terminating the guardianship, the child shall remain dependent and the
court shall either return the child to the child's parent or order the child
into the custody, control, and care of the department of social and health
services or a licensed child-placing agency for placement in a foster home or
group care facility licensed pursuant to chapter 74.15 RCW or in a home not
required to be licensed pursuant to such chapter. The court shall not place a
child in the custody of the child's parent unless the court finds that a reason
for removal as set forth in RCW 13.34.130 no longer exists and that such
placement is in the child's best interest. The court shall thereafter conduct
reviews as provided in RCW 13.34.130(5) and, where applicable, shall hold a
permanency planning hearing in accordance with RCW 13.34.145.
Sec. 25. RCW 28A.225.330 and 1994
c 304 s 2 are each amended to read as follows:
(1) When enrolling a
student who has attended school in another school district, the school
enrolling the student may request the parent and the student to briefly
indicate in writing whether or not the student has:
(a) Any history of
placement in special educational programs;
(b) Any past, current,
or pending disciplinary action;
(c) Any history of
violent behavior;
(d) Any unpaid fines or
fees imposed by other schools; and
(e) Any health
conditions affecting the student's educational needs.
(2) The school
enrolling the student shall request the school the student previously attended
to send the student's permanent record including records of disciplinary
action. If the student has not paid a fine or fee under RCW 28A.635.060, the
school may withhold the student's official transcript, but shall transmit
information about the student's academic performance, special placement, and
records of disciplinary action. If the official transcript is not sent due to
unpaid fees or fines, the enrolling school shall notify both the student and parent
or guardian that the official transcript will not be sent until the obligation
is met, and failure to have an official transcript may result in exclusion from
extracurricular activities or failure to graduate.
(3) If information is
requested under subsection (2) of this section, the information shall be
transmitted within two school days after receiving the request and the
records shall be sent as soon as possible. Any school district or district
employee who releases the information in compliance with this section is immune
from civil liability for damages unless it is shown that the school district
employee acted with gross negligence or in bad faith. The state board of
education shall provide by rule for the discipline under chapter 28A.410 RCW of
a school principal or other chief administrator of a public school building who
fails to make a good faith effort to assure compliance with this subsection.
NEW SECTION. Sec.
26. A new section is added
to chapter 74.13 RCW to read as follows:
(1) The department, or
agency responsible for supervising a child in out-of-home care, shall conduct a
social study whenever a child is placed in out-of-home care under the
supervision of the department or other agency. The study shall be conducted
prior to placement, or, if it is not feasible to conduct the study prior to
placement due to the circumstances of the case, the study shall be conducted as
soon as possible following placement.
(2) The social study
shall include, but not be limited to, an assessment of the following factors:
(a) The physical and
emotional strengths and needs of the child;
(b) The proximity of
the child's placement to the child's family to aid reunification;
(c) The possibility of
placement with the child's relatives or extended family;
(d) The racial, ethnic,
cultural, and religious background of the child;
(e) The
least-restrictive, most family-like placement reasonably available and capable
of meeting the child's needs; and
(f) Compliance with RCW
13.34.260 regarding parental preferences for placement of their children.
Sec. 27. RCW 13.34.110 and 1993 c
412 s 7 are each amended to read as follows:
The court shall hold a
fact-finding hearing on the petition and, unless the court dismisses the
petition, shall make written findings of fact, stating the reasons therefor,
and after it has announced its findings of fact shall hold a hearing to
consider disposition of the case immediately following the fact-finding hearing
or at a continued hearing within fourteen days or longer for good cause shown.
Unless there is reasonable cause to believe the safety or welfare of the
child would be jeopardized or efforts to reunite the parent and child would be
hindered, the court shall direct the department to notify those adult persons
who: (1) Are related by blood or marriage to the child in the following
degrees: Parent, grandparent, brother, sister, stepparent, stepbrother,
stepsister, uncle, or aunt; (2) are known to the department as having been in
contact with the family or child within the past twelve months; and (3) would
be an appropriate placement for the child. The parties need not appear at
the fact-finding or dispositional hearing if the parties, their attorneys, the
guardian ad litem, and court-appointed special advocates, if any, are all in
agreement. The court shall receive and review a social study before entering
an order based on agreement. No social file or social study may be considered
by the court in connection with the fact-finding hearing or prior to factual
determination, except as otherwise admissible under the rules of evidence.
Notice of the time and place of the continued hearing may be given in open
court. If notice in open court is not given to a party, that party shall be
notified by mail of the time and place of any continued hearing.
All hearings may be
conducted at any time or place within the limits of the county, and such cases
may not be heard in conjunction with other business of any other division of
the superior court. The general public shall be excluded, and only such
persons may be admitted who are found by the judge to have a direct interest in
the case or in the work of the court. If a child resides in foster care or in
the home of a relative pursuant to a disposition order entered under RCW
13.34.130, the court may allow the child's foster parent or relative care
provider to attend dependency review proceedings pertaining to the child for the
sole purpose of providing information about the child to the court.
Stenographic notes or
any device which accurately records the proceedings may be required as provided
in other civil cases pursuant to RCW 2.32.200.
NEW SECTION. Sec.
28. RCW 74.14C.035 and 1992 c
214 s 8 are each repealed.
NEW SECTION. Sec.
29. If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by June 30, 1995, in the omnibus appropriations act, this act is null and void.
