1493-S2.E 4/14/99 S2759.3

E2SHB 1493 - S AMD - 384

By Senators Hargrove, Long, Costa, Patterson, Kohl-Welles, Thibaudeau, Stevens, Sheahan and Zarelli

                                                   ADOPTED 4/14/99

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that homelessness for families with children is a serious, widespread problem that has a devastating effect on children, including significant adverse effects upon their growth and development.  Planning for and serving the shelter and housing needs of homeless families with children has been and continues to be a responsibility of the department of community, trade, and economic development.  The legislature further finds that the department of social and health services also plays an important role in addressing the service needs of homeless families with children.  In order to adequately and effectively address the complex issues confronting homeless families with children, planning for, implementing, and evaluating such services must be a collaborative effort between the department of community, trade, and economic development and the department of social and health services, other local, state, and federal agencies, and community organizations.  It is the intent of the legislature that the department of community, trade, and economic development and the department of social and health services jointly present the plan to the appropriate committees of the legislature as required in section 3 of this act.  It is the intent of the legislature that children should not be placed or retained in the foster care system if family homelessness is the primary reason for placement or the continuation of their placement.  It is the further intent of the legislature that services to homeless families with children shall be provided within funds appropriated for that specific purpose by the legislature in the operating and capital budgets.  Nothing in this act is intended to prevent the court's review of the plan developed by the department of social and health services and the department of community, trade, and economic development under Washington State Coalition for the Homeless v. Department of Social and Health Services, King County Superior Court No. 91-2-15889-4.  However, it is the intent of the legislature that the court's review in that proceeding be confined solely to review of the plan submitted under the order of February 4, 1998.  Nothing in sections 1 through 10 of this act is intended to grant the court in this proceeding continuing review over the department of social and health services after the effective date of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.20A RCW to read as follows:

    (1) The department shall collaborate with the department of community, trade, and economic development in the development of the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650, which designates the department of community, trade, and economic development as the state agency with primary responsibility for providing shelter and housing services to homeless families with children.  In fulfilling its responsibilities to collaborate with the department of community, trade, and economic development pursuant to RCW 43.63A.650, the department shall develop, administer, supervise, and monitor its portion of the plan.  The department's portion of the plan shall contain at least the following elements:

    (a) Coordination or linkage of services with shelter and housing;

    (b) Accommodation and addressing the needs of homeless families in the design and administration of department programs;

    (c) Participation of the department's local offices in the identification, assistance, and referral of homeless families; and

    (d) Ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation.

    (2) The department shall include community organizations involved in the delivery of services to homeless families with children, and experts in the development and ongoing evaluation of the plan.

    (3) The duties under this section shall be implemented within amounts appropriated for that specific purpose by the legislature in the operating and capital budgets.

    Sec. 3.  RCW 43.63A.650 and 1993 c 478 s 13 are each amended to read as follows:

    (1) The department shall be the principal state department responsible for coordinating federal and state resources and activities in housing, except for programs administered by the Washington state housing finance commission under chapter 43.180 RCW, and for evaluating the operations and accomplishments of other state departments and agencies as they affect housing.

    (2) The department shall work with local governments, tribal organizations, local housing authorities, nonprofit community or neighborhood-based organizations, and regional or state-wide nonprofit housing assistance organizations, for the purpose of coordinating federal and state resources with local resources for housing.

(3) The department shall be the principal state department responsible for providing shelter and housing services to homeless families with children.  The department shall have the principal responsibility to coordinate, plan, and oversee the state's activities for developing a coordinated and comprehensive plan to serve homeless families with children.  The plan shall be developed collaboratively with the department of social and health services.  The department shall include community organizations involved in the delivery of services to homeless families with children, and experts in the development and ongoing evaluation of the plan.  The department shall follow professionally recognized standards and procedures.  The plan shall be implemented within amounts appropriated by the legislature for that specific purpose in the operating and capital budgets.  The department shall submit the plan to the appropriate committees of the senate and house of representatives no later than September 1, 1999, and shall update the plan and submit it to the appropriate committees of the legislature by January 1st of every odd-numbered year through 2007.  The plan shall address at least the following:  (a) The need for prevention assistance; (b) the need for emergency shelter; (c) the need for transitional assistance to aid families into permanent housing; (d) the need for linking services with shelter or housing; and (e) the need for ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation.

NEW SECTION. Sec. 4.  A new section is added to chapter 43.63A RCW to read as follows:

    (1) In order to improve services for the homeless, the department,  within amounts appropriated by the legislature for this specific purpose, shall implement a system for the ongoing collection and analysis of data about the extent and nature of homelessness in Washington state, giving emphasis to information about extent and nature of homelessness in Washington state families with children.  The system may be merged with other data gathering and reporting systems and shall:

    (a) Protect the right of privacy of individuals;

    (b) Provide for consultation and collaboration with state agencies including the department of social and health services, experts, and community organizations involved in the delivery of services to homeless persons; and

    (c) Include related information held or gathered by other state agencies.

    (2) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.

NEW SECTION. Sec. 5.  A new section is added to chapter 43.63A RCW to read as follows:

    The department shall, by rule, establish program standards, eligibility standards, eligibility criteria, and administrative rules for emergency housing programs and specify other benefits that may arise in consultation with providers.

    Sec. 6.  RCW 13.34.030 and 1998 c 130 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, a permanent custody order, 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 expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or 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; or

    (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.

    (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 preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of-home placement while protecting the child.  Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.

    Sec. 7.  RCW 74.13.020 and 1979 c 155 s 76 are each amended to read as follows:

    As used in Title 74 RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:

    (1) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;

    (2) Protecting and caring for ((homeless,)) dependent((,)) or neglected children;

    (3) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children with services designed to resolve such conflicts;

    (4) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;

    (5) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.

    As used in this chapter, child means a person less than eighteen years of age.

The department's duty to provide services to homeless families with children is set forth in section 2 of this act and in appropriations provided by the legislature for implementation of the plan.

    Sec. 8.  RCW 74.13.031 and 1998 c 314 s 10 are each amended to read as follows:

    The department shall have the duty to provide child welfare services and shall:

    (1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of ((homeless,)) runaway, dependent, or neglected children.

    (2) Within available resources, recruit an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, teens, pregnant and parenting teens, and annually report to the governor and the legislature concerning the department's success in:  (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285.  The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

    (3) Investigate complaints of any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency:  PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis.  If the investigation reveals that a crime against a child may have been committed, the department shall notify the appropriate law enforcement agency.

    (4) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

    (5) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report measuring the extent to which the department achieved the specified goals to the governor and the legislature.

    (6) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed.  Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

    (7) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

    (8) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

    (9) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, licensing of child care agencies, adoption, and services related thereto.  At least one member shall represent the adoption community.

    (10) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

    (11) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

    Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections (4), (6), and (7) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

(12) Within amounts appropriated for this specific purpose, provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement.

    Sec. 9.  RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and 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, including housing assistance, 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 person who is related to the child as defined in RCW 74.15.020(((4)(a))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.  Placement of the child with a relative under this subsection shall be given preference by the court.  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) The court finds, by clear, cogent, and convincing evidence, 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:  (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required.  Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child.  In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

    (i) 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;

    (ii) 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;

    (iii) 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;

    (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

    (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

    (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

    (vii) 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.  In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

    (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(4)(a);

    (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under section 23 of this act.

    (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days.  Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

    (4) 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; permanent legal custody; ((or)) long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older; or a responsible living skills program.  Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living.  Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs.  The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

    (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.

    (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

    (6) 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.

    (7) 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.  The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing.  This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

    (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 and preference 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, including housing assistance, 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.

(8) The court's ability to order housing assistance under this section is:  (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.

NEW SECTION. Sec. 10.  Sections 10 through 29 of this act may be referred to as the homeless youth prevention, protection, and education act, or the HOPE act.  Every day many youth in this state seek shelter out on the street.  A nurturing nuclear family does not exist for them, and state-sponsored alternatives such as foster homes do not meet the demand and isolate youth, who feel like outsiders in families not their own.  The legislature recognizes the need to develop placement alternatives for dependent youth ages sixteen to eighteen, who are living on the street.  The HOPE act is an effort to engage youth and provide them access to services through development of life skills in a setting that supports them.  Nothing in sections 10 through 29 of this act shall constitute an entitlement.

    Sec. 11.  RCW 74.15.020 and 1998 c 269 s 3 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) "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) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

    (b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

    (c) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185.  A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;

    (d) "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;

    (e) "Family day-care provider" means a child day-care provider who regularly provides child 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) "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;

    (h) "HOPE center" means an agency licensed by the secretary to provide temporary residential placement and other services to street youth.  A street youth may remain in a HOPE center for thirty days while services are arranged and permanent placement is coordinated.  No street youth may stay longer than thirty days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option.  A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer.  All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;

(i) "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;

    (((i))) (j) "Responsible living skills program" means an agency licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have been unable to live in his or her legally authorized residence and, as a result, the minor lived outdoors or in another unsafe location not intended for occupancy by the minor.  Dependent minors ages fourteen and fifteen may be eligible if no other placement alternative is available and the department approves the placement;

(k) "Service provider" means the entity that operates a community facility.

    (2) "Agency" shall not include the following:

    (a) Persons related to the child, expectant mother, or person with developmental disability 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 (i), (ii), or (iii) of this subsection (2)(a), even after the 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:  (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

    (d) Parents on a mutually cooperative basis exchange care of one another's children;

    (e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

    (f) 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;

    (g) 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;

    (h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

    (i) 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;

    (j) Licensed physicians or lawyers;

    (k) 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;

    (l) Facilities approved and certified under chapter 71A.22 RCW;

    (m) 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;

    (n) 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;

    (o) 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;

    (p) 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.

    (3) "Department" means the state department of social and health services.

    (4) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

    (5) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

    (6) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

    (7) "Secretary" means the secretary of social and health services.

(8) "Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not intended for occupancy by the minor and who is not residing with his or her parent or at his or her legally authorized residence.

(9) "Transitional living services" means at a minimum, to the extent funds are available, the following:

(a) Educational services, including basic literacy and computational skills training, either in local alternative or public high schools or in a high school equivalency program that leads to obtaining a high school equivalency degree;

(b) Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search assistance, and placement programs;

(c) Counseling and instruction in life skills such as money management, home management, consumer skills, parenting, health care, access to community resources, and transportation and housing options;

(d) Individual and group counseling;

(e) Recognizing and facilitating long-term relationships with significant adults; and

(f) Establishing networks with federal agencies and state and local organizations such as the United States department of labor, employment and training administration programs including the job training partnership act which administers private industry councils and the job corps; vocational rehabilitation; and volunteer programs.

Transitional living services shall be tailored to meet the needs of the individual youth.  If a youth demonstrates a consistent unwillingness to participate in the acquisition of transitional living skills and services, a reassessment shall be done of the youth's appropriateness for the program.

NEW SECTION. Sec. 12.  A new section is added to chapter 74.15 RCW to read as follows:

    The secretary shall establish HOPE centers that provide no more than seventy-five beds across the state and may establish HOPE centers by contract, within funds appropriated by the legislature specifically for this purpose.  HOPE centers shall be operated in a manner to reasonably assure that street youth placed there will not run away.  Street youth may leave a HOPE center during the course of the day to attend school or other necessary appointments, but the street youth must be accompanied by an administrator or an administrator's designee.  The street youth must provide the administration with specific information regarding his or her destination and expected time of return to the HOPE center.  Any street youth who runs away from a HOPE center shall not be readmitted unless specifically authorized by the street youth's placement and liaison specialist, and the placement and liaison specialist shall document with specific factual findings an appropriate basis for readmitting any street youth to a HOPE center.  HOPE centers are required to have the following:

    (1) A license issued by the secretary;

    (2) A professional with a master's degree in counseling, social work, or related field and at least one year of experience working with street youth or a bachelor of arts degree in social work or a related field and five years of experience working with street youth.  This professional staff person may be contractual or a part-time employee, but must be available to work with street youth in a HOPE center at a ratio of one to every fifteen youth staying in a HOPE center.  This professional shall be known as a placement and liaison specialist.  Preference shall be given to those professionals cross-credentialed in mental health and chemical dependency.  The placement and liaison specialist shall:

    (a) Conduct an assessment of the street youth that includes a determination of the street youth's legal status regarding residential placement;

    (b) Facilitate the street youth's return to his or her legally authorized residence at the earliest possible date or initiate processes to arrange legally authorized appropriate placement.  Any street youth who may meet the definition of dependent child under RCW 13.34.030 must be referred to the department.  The department shall determine whether a dependency petition should be filed under chapter 13.34 RCW.  A shelter care hearing must be held within seventy-two hours to authorize out-of-home placement for any youth the department determines is appropriate for out-of-home placement under chapter 13.34 RCW.  All of the provisions of chapter 13.32A RCW must be followed for children in need of services or at-risk youth;

    (c) Interface with other relevant resources and system representatives to secure long-term residential placement and other needed services for the street youth;

    (d) Be assigned immediately to each youth and meet with the youth within eight hours of the youth receiving HOPE center services;

    (e) Develop a therapeutic relationship with the youth that enables the specialist to help the street youth navigate the social service and child welfare systems;

    (f) Facilitate a physical examination of any street youth who has not seen a physician within one year prior to residence at a HOPE center and facilitate evaluation by a county-designated mental health professional, a chemical dependency specialist, or both if appropriate; and

    (g) Arrange an educational assessment to measure the street youth's competency level in reading, writing, and basic mathematics, and that will measure learning disabilities or special needs;

    (3) Staff trained in development needs of street youth as determined by the secretary, including an administrator who is a professional with a master's degree in counseling, social work, or a related field and at least one year of experience working with street youth, or a bachelor of arts degree in social work or a related field and five years of experience working with street youth, who must work with the placement and liaison specialist to provide appropriate services on site;

    (4) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery.  Data collection systems must have confidentiality rules and protocols developed by the secretary;

    (5) Notification requirements that meet the notification requirements of chapter 13.32A RCW.  The youth's arrival date and time must be logged at intake by HOPE center staff.  The staff must immediately notify law enforcement and dependency caseworkers if a street youth runs away from a HOPE center.  A child may be transferred to a secure facility as defined in RCW 13.32A.030 whenever the staff reasonably believes that a street youth is likely to leave the HOPE center and not return after full consideration of the factors set forth in RCW 13.32A.130(2)(a) (i) and (ii).  The street youth's temporary placement in the HOPE center must be authorized by the court or the secretary if the youth is a dependent of the state under chapter 13.34 RCW or the department is responsible for the youth under chapter 13.32A RCW, or by the youth's parent or legal custodian, until such time as the parent can retrieve the youth who is returning to home;

    (6) HOPE centers must identify to the department any street youth it serves who is not returning promptly to home.  The department then must contact the missing children's clearinghouse identified in chapter 13.60 RCW and either report the youth's location or report that the youth is the subject of a dependency action and the parent should receive notice from the department; and

    (7) Services that provide counseling and education to the street youth.

NEW SECTION. Sec. 13.  A new section is added to chapter 74.15 RCW to read as follows:

    The secretary shall establish responsible living skills programs that provide no more than seventy-five beds across the state and may establish responsible living skills programs by contract, within funds appropriated by the legislature specifically for this purpose.  Responsible living skills programs shall have the following:

    (1) A license issued by the secretary;

    (2) A professional with a master's degree in counseling, social work, or related field and at least one year of experience working with street youth available to serve residents or a bachelor of arts degree in social work or a related field and five years of experience working with street youth.  The professional shall provide counseling services and interface with other relevant resources and systems to prepare the minor for adult living.  Preference shall be given to those professionals cross-credentialed in mental health and chemical dependency;

    (3) Staff trained in development needs of older adolescents eligible to participate in responsible living skills programs as determined by the secretary;

    (4) Transitional living services and a therapeutic model of service delivery that provides necessary program supervision of residents and at the same time includes a philosophy, program structure, and treatment planning that emphasizes achievement of competency in independent living skills.  Independent living skills include achieving basic educational requirements such as a GED, enrollment in vocational and technical training programs offered at the community and vocational colleges, obtaining and maintaining employment; accomplishing basic life skills such as money management, nutrition, preparing meals, and cleaning house.  A baseline skill level in ability to function productively and independently shall be determined at entry.  Performance shall be measured and must demonstrate improvement from involvement in the program.  Each resident shall have a plan for achieving independent living skills by the time the resident leaves the placement.  The plan shall be written within the first thirty days of placement and reviewed every ninety days; and

    (5) A data collection system that measures outcomes for the population served, and enables research and evaluation that can be used for future program development and service delivery.  Data collection systems must have confidentiality rules and protocols developed by the secretary.

NEW SECTION. Sec. 14.  A new section is added to chapter 74.15 RCW to read as follows:

    To be eligible for placement in a responsible living skills program, the minor must be dependent under chapter 13.34 RCW and must have lived outdoors or in another unsafe location not intended for occupancy by the minor, or a HOPE center.  Responsible living skills centers are intended as a placement alternative for dependent youth that the department chooses for the youth because no other services or alternative placements have been successful.  Responsible living skills centers are not for dependent youth whose permanency plan includes return to home or family reunification.

NEW SECTION. Sec. 15.  A new section is added to chapter 74.15 RCW to read as follows:

    The secretary is authorized to license HOPE centers and responsible living skills programs that meet statutory and rule requirements created by the secretary.  The secretary is authorized to develop rules necessary to carry out the provisions of sections 10 through 29 of this act.  The secretary may rely upon existing licensing provisions in development of licensing requirements for HOPE centers and responsible living skills programs, as are appropriate to carry out the intent of sections 10 through 29 of this act.  HOPE centers and responsible living skills programs shall be required to adhere to departmental regulations prohibiting the use of alcohol, tobacco, controlled substances, violence, and sexual activity between residents.

    Sec. 16.  RCW 13.34.145 and 1998 c 314 s 3 and 1998 c 130 s 3 are each reenacted and 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; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; a responsible living skills program; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.

    (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.

    (d) For purposes related to permanency planning:

    (i) "Guardianship" means a dependency guardianship pursuant to this chapter, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian tribe.

    (ii) "Permanent custody order" means a custody order entered pursuant to chapter 26.10 RCW.

    (iii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.

    (2) Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living.  Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs.  The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.

    (3) 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, guardianship order, or permanent custody order has not previously been entered.  The hearing shall take place no later than twelve months following commencement of the current placement episode.

    (4) 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 months, as provided in subsection (3) 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, guardianship order, or permanent custody order is entered, or the dependency is dismissed.

    (5) 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.

    (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.130(7) 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 and 13.34.130(7).  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.

    (7) 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(7), and the court shall determine the need for continued intervention.

    (8) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when, (a) the court has ordered implementation of a permanency plan that includes legal guardianship or permanent legal custody, and (b) the party pursuing the legal guardianship or permanent legal custody is the party identified in the permanency plan as the prospective legal guardian or custodian.  During the pendency of such proceeding, juvenile court shall conduct review hearings and further permanency planning hearings as provided in this chapter.  At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed.  If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.

    (9) 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.

    (10) 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(7), 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.

    (11) 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.

    (12) 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.

    (13) 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.

NEW SECTION. Sec. 17.  A new section is added to chapter 13.60 RCW to read as follows:

    The department of social and health services shall develop a procedure for reporting missing children information to the missing children clearinghouse on children who are receiving departmental services in each of its administrative regions.  The purpose of this procedure is to link parents to missing children.  When the department has obtained information that a minor child has been located at a facility funded by the department, the department shall notify the clearinghouse and the child's legal custodian, advising the custodian of the child's whereabouts or that the child is subject to a dependency action.  The department shall inform the clearinghouse when reunification occurs.

NEW SECTION. Sec. 18.  The Washington institute for public policy shall review the effectiveness of the procedures established in section 17 of this act.  The study shall include:  (1) The number of legal custodians who utilize the clearinghouse; (2) the number of children who are located after the department's procedures are operational; (3) the impediments to effective utilization of the procedures and what steps may be taken to reduce or eliminate the impediments; (4) the methods of public education regarding the availability of the program and how to increase public awareness of the program.

    The review shall be submitted to the legislature and the governor not later than December 1, 2001.

NEW SECTION. Sec. 19.  A new section is added to chapter 82.04 RCW to read as follows:

    (1) In computing tax under this chapter, a credit is authorized for each person equal to fifty percent of approved amounts donated to a HOPE educational financial assistance program under section 21 of this act during the calendar year.  The amount of the credit shall not exceed five thousand dollars for any person for any calendar year.

    (2) No credit may be taken under this section unless the credit is first approved by the department.  Application for the credit shall be made in the form and manner prescribed by rules adopted by the department.  Total credits approved by the department for any calendar year under this section and section 20 of this act shall not exceed two hundred fifty thousand dollars.

    (3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid.  A credit must be claimed by the due date of the last tax return for the calendar year in which the payment is made.  No credit may be carried back or forward to a different calendar year.

    (4) No credit may be taken under this section for amounts for which a credit is taken under section 20 of this act.

NEW SECTION Sec. 20.  A new section is added to chapter 82.16 RCW to read as follows:

    (1) In computing tax under this chapter, a credit is authorized for each person equal to fifty percent of approved amounts donated to a HOPE educational financial assistance program under section 21 of this act during the calendar year.  The amount of the credit shall not exceed five thousand dollars for any person for any calendar year.

    (2) No credit may be taken under this section unless the credit is first approved by the department.  Application for the credit shall be made in the form and manner prescribed by rules adopted by the department.  Total credits approved by the department for any calendar year under this section and section 19 of this act shall not exceed two hundred fifty thousand dollars.

    (3) The credit shall be taken against taxes due for the same calendar year in which the amounts for which credit is claimed were paid.  A credit must be claimed by the due date of the last tax return for the calendar year in which the payment is made.  No credit may be carried back or forward to a different calendar year.

    (4) No credit may be taken under this section for amounts for which a credit is taken under section 19 of this act.

NEW SECTION. Sec. 21.  A new section is added to chapter 28B.80 RCW to read as follows:

    (1) HOPE educational financial assistance programs may be established by private nonprofit organizations and may qualify for the purposes of receiving contributions under sections 19 and 20 of this act upon approval of the board.  Educational financial assistance from these programs may be used only for assistance for former street youth who qualify under subsection (2) of this section.

    (2) Only former street youth who have been residents of a HOPE center as defined in RCW 74.15.020 and who have received transitional living services as defined in RCW 74.15.020 may apply for and receive educational financial assistance under this section.  The educational financial assistance may be used for expenses incurred in conjunction with enrollment in any institution of higher education in the state.  Yearly educational financial assistance under this section is limited to an amount equal to the highest yearly undergraduate resident tuition charged by a public institution of higher education within the state, and may only be provided to an individual twice in any four-year period.  The assistance shall take into account family and other financial resources available to the individual.

    Sec. 22.  RCW 9.94A.390 and 1997 c 52 s 4 are each amended to read as follows:

    If the sentencing court finds that an exceptional sentence outside the standard range should be imposed in accordance with RCW 9.94A.120(2), the sentence is subject to review only as provided for in RCW 9.94A.210(4).

    The following are illustrative factors which the court may consider in the exercise of its discretion to impose an exceptional sentence.  The following are illustrative only and are not intended to be exclusive reasons for exceptional sentences.

    (1) Mitigating Circumstances

    (a) To a significant degree, the victim was an initiator, willing participant, aggressor, or provoker of the incident.

    (b) Before detection, the defendant compensated, or made a good faith effort to compensate, the victim of the criminal conduct for any damage or injury sustained.

    (c) The defendant committed the crime under duress, coercion, threat, or compulsion insufficient to constitute a complete defense but which significantly affected his or her conduct.

    (d) The defendant, with no apparent predisposition to do so, was induced by others to participate in the crime.

    (e) The defendant's capacity to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law, was significantly impaired (voluntary use of drugs or alcohol is excluded).

    (f) The offense was principally accomplished by another person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.

    (g) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

    (h) The defendant or the defendant's children suffered a continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to that abuse.

    (2) Aggravating Circumstances

    (a) The defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim.

    (b) The defendant knew or should have known that the victim of the current offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

    (c) The defendant knew that the victim of the current offense was a youth who was not residing with any legal custodian and was particularly vulnerable to a relationship with the defendant and the defendant established or promoted the relationship for the primary purpose of victimization.

(d) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.

    (((d))) (e) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

    (i) The current offense involved multiple victims or multiple incidents per victim;

    (ii) The current offense involved attempted or actual monetary loss substantially greater than typical for the offense;

    (iii) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time; or

    (iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.

    (((e))) (f) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled substances, which was more onerous than the typical offense of its statutory definition:  The presence of ANY of the following may identify a current offense as a major VUCSA:

    (i) The current offense involved at least three separate transactions in which controlled substances were sold, transferred, or possessed with intent to do so;

    (ii) The current offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

    (iii) The current offense involved the manufacture of controlled substances for use by other parties;

    (iv) The circumstances of the current offense reveal the offender to have occupied a high position in the drug distribution hierarchy;

    (v) The current offense involved a high degree of sophistication or planning or occurred over a lengthy period of time or involved a broad geographic area of disbursement; or

    (vi) The offender used his or her position or status to facilitate the commission of the current offense, including positions of trust, confidence or fiduciary responsibility (e.g., pharmacist, physician, or other medical professional).

    (((f))) (g) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127.

    (((g))) (h) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

    (((h))) (i) The current offense involved domestic violence, as defined in RCW 10.99.020 and one or more of the following was present:

    (i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of the victim manifested by multiple incidents over a prolonged period of time;

    (ii) The offense occurred within sight or sound of the victim's or the offender's minor children under the age of eighteen years; or

    (iii) The offender's conduct during the commission of the current offense manifested deliberate cruelty or intimidation of the victim.

    (((i))) (j) The operation of the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

    (((j))) (k) The defendant's prior unscored misdemeanor or prior unscored foreign criminal history results in a presumptive sentence that is clearly too lenient in light of the purpose of this chapter as expressed in RCW 9.94A.010.

    (((k))) (l) The offense resulted in the pregnancy of a child victim of rape.

    Sec. 23.  RCW 26.44.030 and 1998 c 328 s 5 are each 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, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office 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 department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact.  If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel 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 the 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.

    (c) 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.

    (d) The report shall be made at the first opportunity, but 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 alleged 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 alleged 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 alleged 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 alleged 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 alleged 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 alleged 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 alleged 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.  Substance abuse must be a risk factor.  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 legislature on the effectiveness of the risk assessment process.

    (14) Upon receipt of a report of alleged 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.

    (15) The department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section.  The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section.  If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which:  (a) The department believes there is a serious threat of substantial harm to the child; (b) the report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or (c) the department has, after investigation, a report of abuse or neglect that has been founded with regard to a member of the household within three years of receipt of the referral.

NEW SECTION. Sec. 24.  A new section is added to chapter 74.15 RCW to read as follows:

    The department shall provide technical assistance in preparation of grant proposals for HOPE centers and responsible living skills programs to nonprofit organizations unfamiliar with and inexperienced in submission of requests for proposals to the department.

NEW SECTION. Sec. 25.  A new section is added to chapter 74.15 RCW to read as follows:

    The department shall consider prioritizing, on an ongoing basis, the awarding of contracts for HOPE centers and responsible living skills programs to providers who have not traditionally been awarded contracts with the department.

NEW SECTION. Sec. 26.  The department of social and health services shall seek any necessary federal waivers for federal funding of the programs created under sections 10 through 29 of this act.  The department shall pursue federal funding sources for the programs created under sections 10 through 29 of this act, and report to the legislature any statutory barriers to federal funding.

NEW SECTION. Sec. 27.  The Washington state institute for public policy shall review the effectiveness of the HOPE centers and the responsible living skills programs.  The study shall include the characteristics of the youth being served, the services offered to participating youth, the success of permanent placement of youth, the number of youth participating in each program, the number of youth who successfully complete the responsible living skills program, educational achievement of participants, employment history of participants, the outcomes for youth who have progressed through the programs, and other measures that the institute deems helpful in determining the measurable outcomes of sections 10 through 29 of this act.

    The review shall be submitted to the legislature and the governor not later than December 1, 2001.

NEW SECTION. Sec. 28.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 29.   Within funds specifically appropriated by the legislature, HOPE center beds referenced in section 12 of this act and responsible living skills program beds referenced in section 13 of this act shall be phased in at the rate of twenty-five percent each year beginning January 1, 2000, until the maximum is attained.

NEW SECTION. Sec. 30.  Sections 12 and 13 of this act take effect January 1, 2000."

E2SHB 1493 - S AMD - 384

By Senators Hargrove, Long, Costa, Patterson, Kohl-Welles, Thibaudeau, Stevens, Sheahan and Zarelli

                                                   ADOPTED 4/14/99

    On page 1, line 1 of the title, after "families;" strike the remainder of the title and insert "amending RCW 43.63A.650, 13.34.030, 74.13.020, 74.13.031, 74.15.020, 9.94A.390, and 26.44.030; reenacting and amending RCW 13.34.130 and 13.34.145; adding a new section to chapter 43.20A RCW; adding new sections to chapter 43.63A RCW; adding new sections to chapter 74.15 RCW; adding a new section to chapter 13.60 RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; and providing an effective date."

                            --- END ---