BILL REQ. #:  H-3773.1 

Prefiled 1/9/2004. Read first time 01/12/2004.   Referred to Committee on Children & Family Services.

     AN ACT Relating to family team decision meetings; adding new sections to chapter 74.13 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that families of children who are involved in the child welfare system should play an integral role in the decision-making process surrounding planning for those children. It is anticipated that involving families in decision making will result in better outcomes for children, specifically by reducing the number of out-of-home placements, reducing the incidence of behavioral, physical, and mental health problems for individual children, and, for those children in out-of-home placements, reducing the number of placements for individual children, increasing the likelihood of placing individual children with siblings, and increasing successful reunifications.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     The definitions in this section apply throughout sections 2 through 6 of this act unless the context clearly requires otherwise.
     (1) "Family member" means any person to whom the child is related by blood, adoption, or marriage, including marriages that have been dissolved, or any other individual to whom the child is not related but who has been identified as having a significant relationship with the child. "Family member" includes, but is not limited to: Parents; stepparents; any person denoted by the prefix "grand" or "great"; siblings, whether full, half, or step; aunts and uncles; nephews and nieces; and cousins. "Family member" includes a child twelve years of age or older or, when appropriate, a child younger than twelve years of age.
     (2) "Family team decision meeting" means a family-focused intervention facilitated by dedicated professional staff that is designed to build and strengthen the natural caregiving system for the child. Family team decision meetings may include family group conferences, family unity meetings, family mediation, or other professionally recognized interventions that include extended family and rely upon the family to make decisions about planning for its children. The purpose of the family team decision meeting is to establish a plan that provides for the safety, attachment, and permanency needs of the child.
     (3) "Reasonable inquiries" means efforts that involve reviewing the case file for relevant information, contacting the parents or guardians of the child, and contacting additional sources of information that may lead to ascertaining the whereabouts of family members, if necessary.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.13 RCW to read as follows:
     (1) The department of social and health services shall establish as a goal the use of a family team decision meeting in each case in which a child is involved in the child welfare system.
     (2) When the department determines that the use of a family team decision meeting is appropriate, an initial meeting shall be held as soon as possible following a child's involvement in the child welfare system with subsequent meetings being held at key decision points relating to the child, as appropriate.
     (3) If the department elects not to conduct a family team decision meeting, the reasons for that decision shall be clearly documented in the written service plan of the child developed by the department.

NEW SECTION.  Sec. 4   A new section is added to chapter 74.13 RCW to read as follows:
     (1) If the department of social and health services determines that the use of a family team decision meeting is appropriate, the department shall conduct and document reasonable inquiries to promptly locate and notify the parents, grandparents, and any other family members who have a significant relationship with the child.
     (2) All family members notified by the department may attend the meeting unless the department determines that the safety of any attendee will be compromised by the attendance of any family member.
     (3) Any family member who the department deems a safety risk may provide written statements that address the subject of any family team decision meeting, including the determination of placement of the child or components of a service plan for the child and family members.

NEW SECTION.  Sec. 5   A new section is added to chapter 74.13 RCW to read as follows:
     (1) If the department of social and health services conducts a family team decision meeting, the meeting shall result in the development of a written family plan that may include service recommendations, placement recommendations, and a permanency plan. The family plan shall include the following:
     (a) The expectations of the parents of the child and other family members;
     (b) Services the department will provide;
     (c) Timelines for implementation of the plan;
     (d) The benefits of compliance with the plan;
     (e) The consequences of noncompliance with the plan; and
     (f) A schedule of subsequent meetings, if appropriate.
     (2) Any family member participating in a family team decision meeting shall sign a written acknowledgment of the content of the family plan developed at the family team decision meeting and that family member's attendance at the meeting.
     (3) The department shall incorporate the family plan developed at the family team decision meeting into the department's service plan for the child to the extent that the family plan protects the child, builds on family strengths, and is focused on achieving permanency for the child within a reasonable time.
     (4) If the family plan is not incorporated into the department's service plan for the child, the department shall document the reasons in the service plan.
     (5) The department shall send a copy of the family plan to the family participants, including those family members who participated by written statement pursuant to section 4(3) of this act, no later than twenty-one days after the conclusion of the family team decision meeting.

NEW SECTION.  Sec. 6   A new section is added to chapter 74.13 RCW to read as follows:
     Family team decision meetings shall be conducted in accordance with sections 2 through 5 of this act throughout the state by January 1, 2005.