AN ACT Relating to
foster parents' rights; amending RCW 74.13.280; and adding new sections to
chapter 74.13 RCW.
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 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:
No department employee
may retaliate against a foster parent or in any other manner discriminate
against any foster parent because:
(1) 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;
(2) The foster parent
has caused to be instituted any proceedings under or related to Title 13 RCW;
(3) The foster parent
has testified or is about to testify in any such proceedings;
(4) The foster parent
has advocated for services on behalf of the foster child;
(5) The foster parent
has sought to adopt a foster child in the foster parent's care; or
(6) 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.
Sec. 3. 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.
NEW SECTION. Sec.
4. A new section is added
to chapter 74.13 RCW to read as follows:
(1) No child may be
placed or remain in a specific out-of-home placement under this chapter or
chapter 13.34 RCW when there is a conflict of interest on the part of any adult
residing in the home in which the child is to be or has been placed. A conflict
of interest exists when:
(a) There is an adult
in the home who, as a result of: (i) His or her employment; and (ii) an
allegation of abuse or neglect of the child, conducts or has conducted an
investigation of the allegation; or
(b) The child has been,
is, or is likely to be a witness in any pending cause of action against any
adult in the home when the cause includes: (i) An allegation of abuse or
neglect against the child or any sibling of the child; or (ii) a claim of
damages resulting from wrongful interference with the parent-child relationship
of the child and his or her biological or adoptive parent.
(2) For purposes of
this section, "investigation" means the exercise of professional
judgment in the review of allegations of abuse or neglect by: (a) Law
enforcement personnel; (b) persons employed by, or under contract with, the
state; (c) persons licensed to practice law and their employees; and (d) mental
health professionals as defined in chapter 71.05 RCW.
(3) The prohibition set
forth in subsection (1) of this section may not be waived or deferred by the
department under any circumstance or at the request of any person, regardless
of who has made the request or the length of time of the requested placement.
NEW SECTION. Sec.
5. A new section is added
to chapter 74.13 RCW to read as follows:
(1) When the secretary
has reasonable cause to believe that an employee has knowingly violated the
conflict of interest provisions in section 4 of this act, notwithstanding any
rule adopted under chapter 41.06 RCW, the secretary shall immediately suspend
the employee.
(2) The secretary shall
immediately institute proceedings to terminate the employment of any person who
is found by the department, based upon a preponderance of the evidence, to have
knowingly violated the conflict of interest provisions in section 4 of this
act.
(3) When the secretary
has reasonable cause to believe that the employee of a contractor has knowingly
violated the conflict of interest provisions in section 4 of this act, the
secretary shall require the employee of a contractor to be immediately removed
from any employment position which would permit the employee to make or
influence placement decisions.
(4) The secretary shall
disqualify for employment with a contractor in any position which would permit
the employee to make or influence placement decisions, any person who is found
by the department, based upon a preponderance of evidence, to have knowingly
violated the conflict of interest provisions of section 4 of this act.
(5) The secretary, when
considering the renewal of a contract with a contractor who has taken action
under subsection (3) or (4) of this section, shall require the contractor to
demonstrate that there has been significant progress made in reducing the
likelihood that the contractor's employees would knowingly violate the conflict
of interest provisions in section 4 of this act. The secretary shall not renew
a contract unless he or she determines that significant progress has been made.
(6) For
purposes of RCW 50.20.060, a person terminated under this section shall be
considered discharged for misconduct.
