BILL REQ. #:  H-4255.1 

Read first time 01/26/2004.   Referred to Committee on Children & Family Services.

     AN ACT Relating to foster parents' rights; 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:
     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 proceedings under or related to Title 13 RCW;
     (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.

NEW SECTION.  Sec. 2   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 RCW 74.13.530, 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 RCW 74.13.530.
     (3) When the secretary has reasonable cause to believe that the employee of a contractor has knowingly violated the conflict of interest provisions in RCW 74.13.530, 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 RCW 74.13.530.
     (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 RCW 74.13.530. 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.