SENATE BILL REPORT

                   SB 5710

              As Reported By Senate Committee On:

          Human Services & Corrections, March 5, 1997

                 Ways & Means, March 10, 1997

Title:  An act relating to reform of social and health services.

Brief Description:  Changing provisions relating to juvenile care and treatment by the department of social and health services.

Sponsors:  Senators Hargrove, Long, Franklin, Stevens, Prentice, Zarelli and Schow.

Brief History:

Committee Activity:  Human Services & Corrections:  2/20/97, 3/5/97 [DPS-WM].

Ways & Means:  3/10/97 [DP2S, DNP].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  That Substitute Senate Bill No. 5710 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

  Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.

Staff:  Richard Rodger (786-7461)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  That Second Substitute Senate Bill No. 5710 be substituted therefor, and the second substitute bill do pass.

  Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Kohl, Long, McDonald, Rossi, Schow, Swecker, Winsley and Zarelli.

Minority Report:  Do not pass.

  Signed by Senators Fraser, Loveland, Sheldon and Thibaudeau.

Staff:  Susan Lucas (786-7711)

Background:  The Department of Social and Health and Services (DSHS) currently has four classifications of social workers.  The lower two classifications are training positions and include very few full-time employees (FTEs).  The social worker III position is the classification where the majority of cases are handled.  The department has approximately 800 FTEs in this position.  Those positions are almost evenly split between Child Protective Services positions and child welfare services positions.  The department also has approximately 120 FTEs in the social worker IV position, a supervisory classification.  The social workers IV also handle caseloads.

Due to the large number of referrals, the department is presently unable to offer or provide social services to families where there is a low risk of abuse or neglect.  Many of these families request services which are reserved for families who present higher risks to their children.  It is suggested the department create a statewide "alternative response system" to provide community-based services to low-risk families on a volunteer basis.

In a dependency fact-finding hearing, the court may remove, or continue the present placement of, a child out of the home when it finds there exists a manifest danger that the child will suffer serious abuse or neglect.  The legal standard for this determination is by a "preponderance of the evidence."  The federal Indian Child Welfare Act requires the court to use the higher legal standard of "by clear and convincing evidence" to justify the removal of a child from his or her home.

A developmentally disabled child may be found to be dependent because the parents are unable to meet the child's special needs.  This finding makes the child eligible for certain state and federally funded programs for which the child would not otherwise be eligible.  These cases are handled within the Children's Administration.  A recent management report on the DSHS suggests the cases could be handled more efficiently within the Division of Developmental Disabilities.

The status as a "juvenile justice or care agency" gives an agency or organization special authority to receive confidential juvenile criminal records and social files.  It is suggested that the Legislative Children's Oversight Committee should be classified as a juvenile justice or care agency.

There are currently no restrictions on anonymous reporting of alleged child abuse or neglect.

Currently, many statutes refer to reports of abuse or neglect of children, adult dependent persons and developmentally disabled persons, as if those incidents have been confirmed.  It is suggested the statutes should refer to "alleged" reports of abuse or neglect until the reported incidents are confirmed. 

Summary of Second Substitute Bill: New Social Worker Classification.  There is created in the department the classification of social worker V containing no more than 36 positions.  The positions are created to assist in the reduction of the caseloads, to provide training and mentoring for other caseworkers, and to provide hands-on training and assistance in high-risk, complex, or large cases. 

The social worker V employees are assigned by the secretary to regions where the average Child Protective Services' caseloads exceed the statewide average.  They must carry no more than one-third the average number of cases for social workers in the region to which they are assigned.  The social worker V employees are assigned to a region as a task force consisting of at least ten employees.  The assignment is time-limited and cannot exceed two years in any one region.  Upon completion of the work in the region, the task force members continue to remain in contact with the coworkers from the previous assignment for a period of 12 months in order to perform additional follow-up and mentoring.

The salary and fringe benefits of all social worker V positions are determined by the Washington Personnel Resources Board.  Social worker V positions are exempt positions and are not included in the Washington management service.

The secretary must develop a plan for implementation for the social worker V employees.  The implementation plan must be submitted to the Governor and the Legislature by September 1, 1997.

The social worker V classification is subject to the conditions and limitations in the budget and may not result in additional personnel being added.

The Washington State Institute for Public Policy conducts or contracts for monitoring and tracking of the provisions relating to the creation of the new social worker classification to determine whether it results in a measurable reduction in caseloads, increased capacities and efficiencies of caseworkers, and improved resolution of cases.  The institute reports its findings to the Governor and Legislature by December 1, 2004.  The provisions relating to the social worker V classification expire June 30, 2005.

Alternative Response System.  The department provides, by contract, alternative response systems within each region of the state.  There must be a minimum of nine sites, including the five existing sites.  The services are offered, on a volunteer basis, to families who present a low risk of child abuse or neglect.  The court may order participation in an alternative response system program when DSHS agrees to the disposition.  The systems are evaluated by the Institute for Public Policy by September 1, 2004 and the authority to operate the systems expires on July 1, 2005.

Legal Standard.  The court is required to use the standard of clear and convincing evidence to remove a child from the home on the basis that a manifest danger exists that the child will suffer serious abuse of neglect unless removed.

Developmentally Disabled Children.  Once a developmentally disabled child is found to be dependent because his or her parents are unable to meet their special needs, responsibility for the child is transferred to the Division of Developmental Disabilities.  Funds and personnel related to this population are transferred.

Juvenile Justice or Care Agency.  The Legislative Children's Oversight Committee is classified as a juvenile justice or care agency.

Anonymous Reports of Abuse or Neglect.  The department must not investigate cases of anonymous reports of abuse or neglect unless: there is a serious threat of substantial harm to the child; a crime has occurred or is about to occur involving a child as a victim; or the department has substantiated a report of abuse or neglect against a household member within the previous three years.

Abuse and Neglect Definitions.  "Alleged" is inserted to modify "abuse or neglect" when those terms are used in reference to reports of, as opposed to findings of, abuse or neglect.  Attorney fees and costs are awarded if access to records concerning a child, involved in a dependency or termination proceeding, is wrongfully denied.

Role of Child Protective Services.  The role of CPS is narrowed to the investigative functions.  Child Welfare Services has the role of providing services for CPS cases.  An exception is provided for small offices or offices in remote locations.

Employee Misconduct.  The Personnel Appeals Board must expedite employee appeals where the employee is alleged to have committed misconduct that may have place a child at serious risk of harm.  The board's decision must be issued within 45 days of the hearing, but may be extended an additional 30 days for exceptional circumstances.

Permanency Planning for Older Children.  The Washington Institute for Public Policy (WSIPP) must review the department=s programs and policies for the development of permanency plans for older children to determine which programs and policies are the most successful.

Evaluation of Guardianships.  The WSIPP must review the criteria and policies of the department relating to establishment of guardianships for children involved with permanency planning.  The review must include an examination of whether:  (1) there are methods of improving the department=s role without impairing the duties of a guardian; (2) criteria for establishing, reviewing and terminating a guardianship accurately reflects the needs of children of all ages; (3) existing statutes and policies facilitate or impair moving children from guardianship to a permanent placement; and (4) existing data collection is accurate and adequate.

Quality Assurance Reports.  The department must prepare an annual quality assurance report on performance outcomes, children's length of stay in out-of-home placement, adherence to permanency planning timelines, and the response time on CPS investigations.

Controlled Substance Evaluations.  When an in-person contact is made on a CPS investigation with a person who is alleged to have committed the abuse or neglect, there must be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor.

The department must provide appropriate chemical dependency training for persons who conduct CPS investigations.  If there is probable cause to believe abuse of alcohol or controlled substances has contributed to the child abuse or neglect, the department must conduct a comprehensive chemical dependency evaluation.  This activity must be performed subject to available funds.  No new personnel is added as a result of this section.

The statute for the reading to learn program is repealed.

Second Substitute Bill Compared to Substitute Bill:  The second substitute reduces the number of social worker V positions from 40 to 36, reduces the number of alternative response system sites from 12 to 9, and removes the appropriation of $200,000.  The statute for the readiness to learn program is repealed.

Substitute Bill Compared to Original Bill:  The substitute bill adds provisions regarding: (1) the role of Child Protective Services; (2) employee misconduct; (3) permanency planning for older children; (4) evaluation of guardianships; (5) quality assurance reports; (6) controlled substance evaluations; and (7) corrects statutory cross-references.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  The bill contains several effective dates.  Please refer to the bill.

Testimony For (Human Services & Corrections):  This bill makes important steps to improve the efficiency and effectiveness of the Department of Social and Health Services.  The creation of the social worker V position will help the department retain the valuable services of its most experienced caseworkers and will assist the department in reducing caseloads.  The alternative response system is necessary because the department currently provides no services to the lower risk cases.  Without this community-based response system, these cases keep returning to the department with additional referrals at increased risk levels to the children. 

Testimony Against (Human Services & Corrections):  The Children's Administration is better trained to handle the cases for developmentally disabled children for whom dependency petitions are filed.  These cases should not be transferred to the Division of Developmental Disabilities.

Testified (Human Services & Corrections):  Priscilla Martens, Behavioral Sciences Institute, (pro); Seth Dawson, Common Ground for Children, (pro); Laurie Lippold, Children's Home Society of Washington, (pro); Rosie Oreskovich, DSHS; Joyce Duran, DSHS.

Testimony For (Ways & Means):  The bill is the result of  many months of study.  The recommendations put forth by various groups are embodied in the bill.  The evaluation component of the bill is very important.

Testimony Against (Ways & Means): The section on transfer of developmentally disabled children is not needed.  Readiness to learn grants should not be repealed.

Testified (Ways & Means):  Laurie Lippold, Children=s Home Society; Margaret Casey, Washington State Catholic Conference; Jennifer Strus, DSHS.