2SHB 3115 -
By Senators Hargrove, Stevens, Carrell
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that:
(1) Foster parents are able to successfully maintain placements of
sexually reactive children, physically assaultive children, or children
with other high-risk behaviors when they are provided with proper
training and support. Lack of support contributes to placement
disruptions and multiple moves between foster homes.
(2) Young children who have experienced repeated early abuse and
trauma are at high risk for behavior later in life that is sexually
deviant, if left untreated. Placement with a well-trained, prepared,
and supported foster family can break this cycle.
NEW SECTION. Sec. 2 A foster parent critical support and
retention program is established to retain foster parents who care for
sexually reactive children, physically assaultive children, or children
with other high-risk behaviors. Services shall consist of short-term
therapeutic and educational interventions to support the stability of
the placement. The foster parent critical support and retention
program is to be implemented under the division of children and family
services' contract and supervision. A contractor must demonstrate
experience providing in-home case management, as well as experience
working with caregivers of children with significant behavioral issues
that pose a threat to others or themselves or the stability of the
placement.
NEW SECTION. Sec. 3 Under the foster parent critical support and
retention program, foster parents who care for sexually reactive
children, physically assaultive children, or children with other high-risk behaviors shall receive:
(1) Availability at any time of the day or night to address
specific concerns related to the identified child;
(2) Assessment of risk and development of a safety and supervision
plan;
(3) Home-based foster parent training utilizing evidence-based
models; and
(4) Referral to relevant community services and training provided
by the local children's administration office or community agencies.
NEW SECTION. Sec. 4 The department of social and health services
shall prepare and provide to the legislature, by December 1, 2006, a
comprehensive report regarding the department's policies and practices
relating to referrals, investigations, and records of child abuse and
neglect allegations. At a minimum, the report shall include
recommendations for improvement of the department's current practice
to:
(1) Define terms relating to referrals and investigative findings;
(2) Provide guidelines for determining whether a referral is to be
assigned and investigated;
(3) Manage records of calls which are received but not
investigated;
(4) Establish a timeline for the destruction of records regarding
investigations which resulted in no investigation, an inconclusive
finding, or an unfounded finding;
(5) Disclose to foster parents information regarding sexually
reactive and physically aggressive tendencies of children placed in
their homes;
(6) Respond to allegations of abuse, neglect, or failure to
supervise against foster parents when the allegations arise from the
conduct of a child who is sexually reactive or has physically
aggressive tendencies and the foster parent did not have prior
knowledge of those tendencies or the child was not in the reasonable
control of the foster parent; and
(7) Protect the due process rights of individuals who are not
afforded the protection of the child abuse and prevention and treatment
act.
Sec. 5 RCW 74.13.280 and 2001 c 318 s 3 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 share information about the child and the
child's family with the care provider and shall 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) Information about the child shall include information about
behavioral and emotional problems of the child and whether the child is
a sexually reactive child.
(3) 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))) (4) Disclosure of any relevant health care information
shall be consistent with RCW 70.24.105 and any guidelines or
recommendations established by the department of health concerning
disclosure of such information, including testing for and disclosure of
information related to blood-borne pathogens.
(5) 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."
2SHB 3115 -
By Senators Hargrove, Stevens, Carrell
On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "amending RCW 74.13.280; and creating new sections."