BILL REQ. #: S-1919.1
_____________________________________________
SUBSTITUTE SENATE BILL 5474
_____________________________________________| State of Washington | 58th Legislature | 2003 Regular Session |
By Senate Committee on Children & Family Services & Corrections (originally sponsored by Senators Regala, Stevens, McAuliffe, Carlson, Kohl-Welles, Winsley and Rasmussen)READ FIRST TIME 03/03/03.
AN ACT Relating to improving services for kinship caregivers;
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 It is the intent of the legislature to
assist children in the care of kin to access appropriate medical and
education services. Children being raised by kin have faced barriers
to medical care and school attendance because their kinship caregivers
have not been able to verify that they are the identified primary
caregivers of these children. Such barriers pose an especially
significant challenge to kinship caregivers in dealing with school
officials and health professionals when children are left in their care
with little warning. To assist kinship caregivers in executing
adequate and appropriate decisions regarding the educational and
medical needs of a child in their care, a kinship caregiver's
authorization affidavit is hereby created.
NEW SECTION. Sec. 2 A new section is added to chapter 74.13 RCW
to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout sections 2 through 5 of this act.
(1) "Kinship caregiver" means a person over eighteen, to whom the
child is related by blood or marriage or to whom the child was related
by marriage even if the marriage has been dissolved, who provides
kinship care services to a child who resides with the caregiver.
(2) "Kinship care services" means parent-like services and support
provided to a child by a kinship caregiver.
(3) For a child defined as an "Indian child" under the federal
Indian welfare act, 25 U.S.C. Sec. 1901 et seq., the definition of
"extended family member" under the federal Indian child welfare act
shall apply.
NEW SECTION. Sec. 3 A new section is added to chapter 74.13 RCW
to read as follows:
(1) A kinship caregiver who completes items 1 through 10 of the
affidavit provided in section 5 of this act and signs the affidavit is
authorized to enroll a child in school and consent to school-related
medical care on behalf of the child in his or her care.
(2) A kinship caregiver who completes item 11 of the affidavit
provided in section 5 of this act and signs the affidavit is authorized
to consent, on behalf of the child in his or her care, to dental care
and such emergent medical care as necessary to preserve the life or
health of the child.
(3) The affidavit shall not be valid for more than six months after
the date on which it is executed.
(4) The authority of a kinship caregiver to consent to or to refuse
medical or dental care for a child is subordinate to any decision of
the parent or other person having legal custody of the child, provided
the decision of the parent or other person having legal custody of the
child does not jeopardize the life, health, or safety of the child.
(5) A kinship caregiver who is unable to notify the parent or
parents that the caregiver has the child must complete item 12 for the
affidavit to be effective.
(6) At the expiration of the affidavit, the kinship caregiver must:
(a) Return the child to the parent or parents if available;
(b) Notify the department that the parent or parents are not
available; or
(c) Petition for permanent legal custody under chapter 13.34 RCW if
the parent or parents are not available.
NEW SECTION. Sec. 4 A new section is added to chapter 74.13 RCW
to read as follows:
(1) A person who acts in good faith reliance on a kinship
caregiver's affidavit, provided in section 5 of this act, to provide
medical or dental care, without actual knowledge of facts contrary to
those stated on the affidavit, is not subject to criminal liability or
to civil liability to any person, and is not subject to professional
disciplinary action, for such good faith reliance if the applicable
portions of the affidavit are completed. This section applies even if
medical or dental care is provided to a child in contravention of the
wishes of the parent or other person having legal custody of the child
as long as the person providing the medical or dental care has no
actual knowledge of the wishes of the parent or other person having
legal custody of the child.
(2) A person who relies on the affidavit has no obligation to make
any further inquiry or investigation.
(3) Nothing in this section relieves any person from liability for
violations of other provisions of law.
(4) If the child ceases to reside with the kinship caregiver, the
kinship caregiver shall immediately notify any and every school, health
care provider, carrier, or other person or entity to whom the kinship
caregiver has provided the affidavit that the child no longer resides
with the caregiver. No further consent to school enrollment or medical
treatment shall be given by the former kinship caregiver once the child
ceases to reside with the former caregiver.
NEW SECTION. Sec. 5 A new section is added to chapter 74.13 RCW
to read as follows:
The kinship caregiver's authorization affidavit must be in
substantially the following form:
Kinship Caregiver's Authorization Affidavit
Use of this affidavit is authorized by RCW 74.13.--- (section 3 of
this act).
Instructions: Completion of items 1 through 10 and the signing of
the affidavit is required in order to authorize enrollment of a child
in school and authorize school-related medical care. Completion of
item 11 is additionally required to authorize any other medical care.
Print clearly.
The child named below resides with me and I am eighteen years of
age or older.
1. Name of child:
2. Child's birth date:
3. My name (adult executing this document):
4. My home address:
5. My telephone numbers:
6. My date of birth:
7. My driver's license or state identification card number:
8. I do not have a driver's license or state identification card
number, and instead offer the following government-issued
identification:
. . . . . . . . . . . .
(Document and number)
9. ( ) I am the kinship caregiver for the child named in this form
(check the box at the beginning of this item). My relationship to
the child is . . . . . . . . . . . .
10. Check one or both of the following (for example if one parent
can be located and the other cannot):
( ) I have advised the parent(s) or other person(s) having legal
custody of the child of my intent to enroll the child in school and
to consent to school-based medical care. The parent(s) or legal
custodian(s) consented to my assumption of this authority.
Name/address of parent(s) or legal custodian(s) who consented:
. . . . . . . . . . . .
. . . . . . . . . . . .
Date consent was given: . . . . . . . . . . . .
I/we are the parent(s) of the child named in item 1 of this
affidavit above. By my/our signature, I/we agree to the terms of
this affidavit.
. . . . . . . . . . . .
. . . . . . . . . . . .
( ) I was unable to contact the parent(s) or other person(s) having
legal custody of the child to notify them of my intent to assume
this authority to enroll the child in school and consent to school-based medical treatment.
11. Check one or both of the following (for example if one parent
can be located and the other cannot):
( ) I have advised the parent(s) or other person(s) having legal
custody of the child of my intent to consent to medical care for
the child. The parent(s) or legal custodian(s) consented to my
assumption of this authority.
Name/address of parent(s) who consented:
. . . . . . . . . . . .
. . . . . . . . . . . .
Date consent was given: . . . . . . . . . . . .
( ) I was unable to contact the parent(s) or other person(s) having
legal custody of the child to notify them of my intent to assume
this authority to consent to medical care.
12. ( ) Because I/we were unable to contact the parent(s), I/we
have notified the law enforcement agency which serves me/us that
I/we have the child.
Agency notified: . . . . . . . . . . . .
Date/time of notice: . . . . . . . . . . . .
Name of person notified: . . . . . . . . . . . .
**Warning: Signing this form if any of the statements above are
incorrect may subject you to criminal or civil liability or both.**
I declare under penalty of perjury under the laws of the State of
Washington that the foregoing is true and correct.
Dated: . . . . . . . . Signed: . . . . . . . . . . . . . .
Notices:
1. This declaration does not affect the rights of the child's
parents or legal guardian regarding the care, custody, and control of
the child, and does not mean that the kinship caregiver has legal
custody of the child.
2. A person who relies on this affidavit has no obligation to make
any further inquiry or investigation.
3. The authority of the kinship caregiver executing this affidavit
to consent to school enrollment or medical care shall expire not later
than six months after the date on which it is executed.
Additional Information:
TO KINSHIP CAREGIVERS:
1. "Kinship caregiver" means a person over eighteen who provides
kinship care services to a child who resides with the caregiver and to
whom the caregiver is related by blood, marriage, or former marriage.
2. If the child ceases to reside with you, you are required to
immediately notify every school, health care provider, carrier, or
other person or entity to whom you have provided the affidavit.
3. Once the child ceases to reside with you, your authority to
consent to school enrollment, school-based medical care, or any other
medical care ends immediately and you are no longer allowed to make
decisions on those matters.
4. At the expiration of this affidavit, you must:
(a) Return the child to the parent or parents if the parent or
parents are available;
(b) Notify the department of social and health services that the
parent or parents are not available; or
(c) Petition for permanent legal custody under chapter 13.34 RCW if
the parent or parents are not available.
TO SCHOOL OFFICIALS:
1. This affidavit constitutes a sufficient basis for a
determination of residency of the child, without the requirement of a
guardianship or other custody order, unless the school district
determines from actual facts that the child is not residing with the
kinship caregiver.
2. The school district may require additional reasonable evidence
that the kinship caregiver resides at the address stated in the
affidavit.
TO HEALTH CARE PROVIDERS AND CARRIERS:
1. A person who acts in good faith reliance on a kinship
caregiver's authorization affidavit to provide medical or dental care,
without actual knowledge of facts contrary to those stated on the
affidavit, is not subject to criminal liability or to civil liability
to any person, and is not subject to professional disciplinary action,
for such reliance if the applicable portions of the affidavit are
completed.
2. This affidavit does not create the status of dependent for
health care coverage purposes.
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