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