CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1102

 

 

                   Chapter 318, Laws of 2001

 

                         (partial veto)

 

                        57th Legislature

                2001 Regular Legislative Session

 

 

FOSTER CARE--FOSTER PARENTS' RIGHTS--CHILD PLACEMENT

 

 

 

                    EFFECTIVE DATE:  7/22/01

Passed by the House April 16, 2001

  Yeas 94   Nays 0

 

 

              FRANK CHOPP

Speaker of the House of Representatives

     

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 11, 2001

  Yeas 48   Nays 0

             CERTIFICATE

 

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 HOUSE BILL 1102  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           CYNTHIA ZEHNDER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved May 15, 2001, with the exception of sections 2 and 5, which are vetoed.Place Style On Codes above, and Style Off Codes below.               

                                FILED                

 

             May 15, 2001 - 2:42 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                          HOUSE BILL 1102

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 2001 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representative Boldt

 

Read first time .  Referred to Committee on .

Regarding foster care.  


    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. 2 was vetoed.  See message at end of chapter.

 

    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.

*Sec. 5 was vetoed.  See message at end of chapter.


    Passed the House April 16, 2001.

    Passed the Senate April 11, 2001.

Approved by the Governor May 15, 2001, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State May 15, 2001.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to sections 2 and 5, House Bill No. 1102 entitled:

 

"AN ACT Relating to foster parents' rights;"

 

    House Bill No. 1102 states the rights foster parents have to be free from coercion, discrimination, reprisal and retaliation in serving foster children.  It also confirms that the Department of Social and Health Services (DSHS) must share information about a foster child and the child's family with foster parents, and prevents children from being placed in homes where a foster parent may have a conflict of interest.

 

    Section 2 of the bill would have expressly prohibited DSHS from retaliating or discriminating against a foster parent because of a complaint he or she may have made against DSHS, as well as several other foster parent protections.

 

    While it is an excellent idea to articulate foster parents' rights and responsibilities, section 2 was flawed.  The section was unclear, and may have created unintended broad new liabilities for the state.  DSHS would have been placed in a no-win position where any action it might have taken involving a foster parent who has complained could result in a lawsuit.

 

    Other states have enacted comprehensive laws establishing the rights of foster parents, and the Child Welfare League of America has a model foster parent rights and responsibilities document.  Many of these states' statutes and the Child Welfare League of America document would provide a model for developing strong, workable foster parent laws in Washington.

 

    Section 5 of the bill was designed to enforce section 2, and is unnecessary after the veto of section 2.

 

    To help ensure that there is no retaliation against foster parents in our state, I will direct the Secretary of DSHS to heighten his oversight of this issue.

 

    For these reasons, I have vetoed sections 2 and 5 of House Bill No. 1102.

 

    With the exception of sections 2 and 5, House Bill No. 1102 is approved."