SUBSTITUTE HOUSE BILL 1259





                        57th Legislature

                2001 Regular Legislative Session


Passed by the House April 16, 2001

  Yeas 90   Nays 0




Speaker of the House of Representatives




Speaker of the House of Representatives





Passed by the Senate April 5, 2001

  Yeas 48   Nays 0



We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1259  as passed by the House of Representatives and the Senate on the dates hereon set forth.




                          Chief Clerk




                          Chief Clerk

President of the Senate




Approved Place Style On Codes above, and Style Off Codes below.              




Governor of the State of Washington

                   Secretary of State

                  State of Washington



                    SUBSTITUTE HOUSE BILL 1259



                     AS AMENDED BY THE SENATE


             Passed Legislature - 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By House Committee on Appropriations (originally sponsored by Representatives Tokuda, Boldt, Kagi, Schual‑Berke, Kenney, Lambert and Edwards; by request of Department of Social and Health Services)


Read first time .  Referred to Committee on .

Authorizing provision of independent living services for persons through age twenty who have been in foster care. 

    AN ACT Relating to providing services for persons through twenty years of age, who are or who have been in foster care; amending RCW 74.13.031; and adding a new section to chapter 74.13 RCW.




    Sec. 1.  RCW 74.13.031 and 1999 c 267 s 8 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 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.

    (13) Have authority to provide independent living services to youths, including individuals eighteen through twenty years of age, who are or have been in foster care.


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

    Independent living services include assistance in achieving basic educational requirements such as a GED, enrollment in vocational and technical training programs offered at the community and vocational colleges, and obtaining and maintaining employment; and 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 recipient shall have a plan for achieving independent living skills by the time the recipient reaches age twenty-one.  The plan shall be written within the first thirty days of placement and reviewed every ninety days.  A recipient who fails to consistently adhere to the elements of the plan shall be subject to reassessment by the professional staff of the program and may be declared ineligible to receive services.


                            --- END ---