H-1119

AN ACT Relating to foster parents' rights; amending RCW 74.13.280, 74.13.330, and 74.13.300; adding new sections to chapter 74.13 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 74.13 RCW to read as follows:

Foster parents have the right to be free of coercion, discrimination, and reprisal from the department and department employees in serving foster children, including the right to voice grievances about treatment furnished or not furnished to the foster child.

NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

(1) No department employee may retaliate against a foster parent or in any other manner discriminate against any foster parent because:

(a) The foster parent made a complaint with the office of family and children's ombudsman, the attorney general, law enforcement agencies, or the department, provided information, or otherwise cooperated with the investigation of such a complaint;

(b) The foster parent has caused to be instituted any proceedings under or related to Title 13 RCW;

(d) The foster parent has advocated for services on behalf of the foster child;

(e) The foster parent has sought to adopt a foster child in the foster parent's care; or

(f) The foster parent has discussed or consulted with anyone concerning the foster parent's rights under this chapter or chapter 74.15 or 13.34 RCW.

(2) A department employee who violates this section is subject to a civil penalty of not more than three thousand dollars.

NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:

The departmental and judicial review rights and procedures in RCW 74.08.080 apply to any applicant for or recipient of any program, service, assistance, or benefits funded in whole or in part by any funds received by the department or any authorized agency, entity, contractor, or subcontractor pursuant to Titles IV-B and E of the social security act who is aggrieved by a decision of the department or authorized agency, entity, contractor, or subcontractor. For purposes of this section, affected recipients and applicants include children, foster children, parents, foster parents, and other authorized individuals responsible for the custody, care, and control of children or foster children.

NEW SECTION. Sec. 4. A new section is added to chapter 74.13 RCW to read as follows:

(1) Not later than October 1, 1999, the department shall adopt rules governing all foster care and child welfare services programs provided by the department or any authorized agency, entity, contractor, or subcontractor that are funded in whole or in part by Titles IV-B and E of the social security act, including but not limited to:

(a) A brief description of the activities, actions, benefits, services, and assistance that must be included under such foster care and child welfare services programs;

(b) Minimum qualifications for eligibility for and continuing participation in such programs including grounds for the denial or termination of participation in such programs; and

(c) Standards for the types, duration, frequency, and quality of such programs for eligible children and families, including the minimum qualifications of the individuals who provide services directly to such families and children.

(2) Rules adopted by the department under this section shall be consistent with and meet the purposes in section 3 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:

The department shall reimburse foster parents for property damaged or destroyed by foster children placed in their care. The department shall reimburse the foster parent for the replacement value of any property covered by this section.

Sec. 6. RCW 74.13.280 and 1997 c 272 s 7 are each amended to read as follows:

(1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency shall((~~, within available resources,~~)) share information about the child and the child's family with the care provider and shall((~~, within available resources,~~)) consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

(2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law.

(3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.

Sec. 7. RCW 74.13.330 and 1990 c 284 s 23 are each amended to read as follows:

Foster parents are responsible for the protection, care, supervision, and nurturing of the child in placement. As an integral part of the foster care team, foster parents shall, if ((~~appropriate and~~)) they desire to: Participate in the development of the service plan for the child and the child's family; assist in family visitation, including monitoring; and model effective parenting behavior for the natural family.

Sec. 8. RCW 74.13.300 and 1990 c 284 s 12 are each amended to read as follows:

(1) Whenever a child has been placed in a foster family home or the home of a relative care provider by the department or a child-placing agency and the child has thereafter resided in the home for at least ninety consecutive days, the department or child-placing agency shall notify the foster family in writing of the reasons upon which the decision to move the child was based at least five days prior to moving the child to another placement, unless:

(a) A court order has been entered requiring an immediate change in placement; or

(b) ((~~The child is being returned home;~~

~~(c)~~)) The child's safety is in jeopardy((~~; or~~

~~(d) The child is residing in a receiving home or a group home~~)).

(2) If a decision is made by the department or a child-placing agency to move a child to another placement, the foster family parent or relative care provider shall receive written notice of his or her right to request a review of the removal decision regarding a child that is residing in the home of the foster parent or relative under a court order entered in a proceeding under this chapter through the department's complaint resolution process. Notification of the department's complaint resolution process is not required to be provided if:

(a) A court order has been entered requiring an immediate change in placement; or

(b) The child is being returned home and a court order has been entered to that effect.

(3) If the child has resided in a foster family home for less than ninety days or if, due to one or more of the circumstances in subsection (1) of this section, it is not possible to give five days' notification, the department or child-placing agency shall notify the foster family of proposed placement changes as soon as reasonably possible.

((~~(3)~~)) (4) This section is intended solely to assist in minimizing disruption to the child in changing foster care placements. Nothing in this section shall be construed to ((~~require that a court hearing be held prior to changing a child's foster care placement nor to~~)) create any substantive custody rights in the foster parents.

NEW SECTION. Sec. 9. 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.