BILL REQ. #:  H-4451.3 

Read first time 01/23/2006.   Referred to Committee on Children & Family Services.

     AN ACT Relating to establishing the family assessment response demonstration program; adding a new chapter to Title 74 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature recognizes that there is significant variation in the levels of risk presented by child abuse and neglect referrals. The legislature also recognizes that in high-risk emergent cases there must be an immediate response and thorough investigation of allegations. The legislature finds, however, that in cases presenting a low-risk of child endangerment, families may be better served through a more positive response that focuses less on investigating specific allegations and more on assessing the family's need for assistance and engaging the family in services to prevent future maltreatment. The legislature intends to establish an alternative, flexible approach to responding to allegations of child maltreatment in low-risk families who do not present immediate child safety concerns. This differential response is intended to reduce disruption to families and improve child safety by assessing a family's needs, engaging the family's protective capacities, and providing appropriate services to prevent future maltreatment.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs based on available and relevant information.
     (2) "Family assessment worker" means a social worker whose role is to engage families for the purposes of conducting family assessments, developing plans for services appropriate to reduce child safety risks, and supporting the family's efforts to meet its needs.
     (3) "Demonstration site" means a defined area or a specific child welfare office within one of the six service delivery regions of children's administration selected by the department under section 3 of this act.
     (4) "Department" means the department of social and health services.

NEW SECTION.  Sec. 3   The department shall select one or more demonstration sites for implementation of the family assessment response demonstration program as described in section 4 of this act. Selection of sites should, to the extent feasible, reflect the geographic and demographic diversity of the state. Implementation of the family assessment response shall incorporate evidence-based practice and best practices for addressing allegations of child maltreatment in low-risk families by focusing on the family's situation, problems, and needs rather than on conducting a traditional investigation of allegations.

NEW SECTION.  Sec. 4   (1) The family assessment response demonstration program shall be implemented as follows:
     (a) Upon receipt of a report alleging child abuse or neglect, the department shall determine whether to conduct a family assessment or an investigation. A family assessment completed by a family assessment social worker shall be the preferred response when responding to reports of child maltreatment not alleging substantial endangerment and determined by the department to be nonemergent. In determining whether a family assessment is appropriate, the department shall consider issues of child safety, parental cooperation, and the need for an immediate response;
     (b) For those cases determined to be nonemergent, within seventy-two hours, the family assessment worker must conduct a face-to-face contact with the child about whom a referral was made and with the child's primary caregiver. Face-to-face contact with the child must be sufficient to assess the immediate safety of the child. The primary purpose of this contact is to (i) assess the immediate safety of the child; (ii) determine immediate support needs; and (iii) engage the family in addressing concerns regarding the safety and health of the child;
     (c) A full family assessment must be completed within thirty days of receipt of the report;
     (d) Upon completion of the assessment, the family assessment worker must determine what services are needed to address the safety of the child and other family members and the risk of child maltreatment;
     (e) Within ten days of the completion of the assessment, the family assessment worker must notify the parent or guardian of the child regarding the availability of services to address child safety concerns. The family assessment worker and the family may jointly agree to services, however the department may seek court intervention to order services if the family refuses to engage and complete services;
     (f) At the conclusion of a case in which services were offered, the department shall document the outcome of the family assessment response, including a description of services provided and the removal or the reduction of risk to the child, if any; and
     (g) Records of family assessment cases must be maintained for a period of not less than seven years and shall be used to assist in any future risk and safety assessments.
     (2) The department shall begin an immediate investigation if, at any time while using the family assessment response, there is reason to believe that a serious threat to the child's safety exists or the department determines the case is emergent. If an investigation is started, the department may later elect to conduct a family assessment if the department determines that a complete investigation is not required. If such a determination is made, the department must document the reason or reasons for terminating the investigation and notify any local law enforcement agency that is conducting a joint investigation.
     (3) The following shall serve as guidelines for the family assessment response model and the department shall, to the extent resources are available, provide training and resources to assist family assessment workers in implementing these guidelines intended to minimize confrontation, enhance cooperation, and enhance the family's ability to take care of itself:
     (a) Contacts with families should focus on their situation, problems, and needs in a manner that is positive and nonconfrontational, supportive of family stability, and strengths-based and safety-focused;
     (b) Beginning with the first visit whenever possible, meetings should be with the family as a unit, including parents, children, and other family members;
     (c) Unless doing so would compromise the safety assessment, it is the preferred practice to request permission to interview a child prior to conducting the interview;
     (d) Family members should be involved in problem solving and decisions about how to address their needs consistent with the safety needs of the children;
     (e) When possible, services and assistance should fit the broader needs and situation of the family by linking the family to other community resources and supports;
     (f) Unless an investigation is started, the primary focus of the family assessment response should be to help the family identify and access the services and resources necessary to reduce child safety risks and enhance family and child well-being;
     (g) If it is determined an investigation should be started after a family assessment is initiated, the family assessment worker should refer the case to a child protective services social worker for the investigation.

NEW SECTION.  Sec. 5   The Washington state institute for public policy shall study the family assessment response demonstration program and report to the legislature by January 31, 2009. In consultation with the department, the institute shall define the data to be gathered and maintained for the purpose of the study. At a minimum, the study must review child safety outcomes and rereferrals to child protective services.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act expire January 31, 2009.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act constitute a new chapter in Title 74 RCW.

NEW SECTION.  Sec. 8   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in the omnibus appropriations act, this act is null and void.