ESSB 5909 -
By Senator Rasmussen
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 74.13.031 and 2007 c 413 s 10 are each amended to
read as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency: PROVIDED, That
an investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the child's
parents, legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law enforcement
agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine basis,
to assure the safety, well-being, and quality of care being provided is
within the scope of the intent of the legislature as defined in RCW
74.13.010 and 74.15.010, and annually submit a report measuring the
extent to which the department achieved the specified goals to the
governor and the legislature.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, to provide for the routine and necessary medical, dental,
and mental health care, or necessary emergency care of the children,
and to provide for the physical care of such children and make payment
of maintenance costs if needed. Except where required by Public Law
95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) Establish a children's services advisory committee which shall
assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.
(10)(a) Have authority to provide continued foster care or group
care as needed to participate in or complete a high school or
vocational school program.
(b)(i) Beginning in 2006, the department has the authority to allow
up to fifty youth reaching age eighteen to continue in foster care or
group care as needed to participate in or complete a posthigh school
academic or vocational program, and to receive necessary support and
transition services.
(ii) In 2007 and 2008, the department has the authority to allow up
to fifty additional youth per year reaching age eighteen to remain in
foster care or group care as provided in (b)(i) of this subsection.
(iii) A youth who remains eligible for such placement and services
pursuant to department rules may continue in foster care or group care
until the youth reaches his or her twenty-first birthday. Eligibility
requirements shall include active enrollment in a posthigh school
academic or vocational program and maintenance of a 2.0 grade point
average.
(iv) Within funds specifically provided therefor, beginning in
September 2008, the department has the authority to allow up to
twenty-five youth reaching age eighteen to return to foster care within
six months of leaving foster care for the purposes provided in (b)(i)
of this subsection. If a youth, under age nineteen, leaves foster care
before receiving his or her high school diploma, he or she may return
to foster care within six months of leaving for the purpose of
receiving his or her high school diploma or GED. A youth eligible to
return to foster care under this subsection must sign a voluntary
placement agreement with the department before returning to foster
care.
(11) Refer cases to the division of child support whenever state or
federal funds are expended for the care and maintenance of a child,
including a child with a developmental disability who is placed as a
result of an action under chapter 13.34 RCW, unless the department
finds that there is good cause not to pursue collection of child
support against the parent or parents of the child. Cases involving
individuals age eighteen through twenty shall not be referred to the
division of child support unless required by federal law.
(12) Have authority within funds appropriated for foster care
services to purchase care for Indian children who are in the custody of
a federally recognized Indian tribe or tribally licensed child-placing
agency pursuant to parental consent, tribal court order, or state
juvenile court order; and the purchase of such care shall be subject to
the same eligibility standards and rates of support applicable to other
children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(13) Within amounts appropriated for this specific purpose, provide
preventive services to families with children that prevent or shorten
the duration of an out-of-home placement.
(14) Have authority to provide independent living services to
youths, including individuals who have attained eighteen years of age,
and have not attained twenty-one years of age who are or have been in
foster care.
(15) Consult at least quarterly with foster parents, including
members of the foster parent association of Washington state, for the
purpose of receiving information and comment regarding how the
department is performing the duties and meeting the obligations
specified in this section and RCW 74.13.250 and 74.13.320 regarding the
recruitment of foster homes, reducing foster parent turnover rates,
providing effective training for foster parents, and administering a
coordinated and comprehensive plan that strengthens services for the
protection of children. Consultation shall occur at the regional and
statewide levels.
Sec. 2 RCW 43.31.470 and 2005 c 402 s 6 are each amended to read
as follows:
(1) An account is created in the custody of the state treasurer to
be known as the individual development account program account. The
account shall consist of all moneys appropriated to the account by the
legislature and any other federal, state, or private funds,
appropriated or nonappropriated, as the department receives for the
purpose of matching ((low-income individuals')) contributions from low-
income individuals and foster youth to their individual development
accounts. Expenditures from the account may be used only for the
following:
(a) Grants to sponsoring organizations selected by the department
to participate in the individual development account program to assist
sponsoring organizations in providing or arranging for the provision of
financial counseling and other related services to low-income
individuals or foster youth participating in the program and for
program administration purposes;
(b) A match to be determined by the department of up to four
dollars for every dollar deposited by an individual into the
individual's individual development account, except that the maximum
amount provided as a match for each individual development account
shall be four thousand dollars; and
(c) The department's administrative expenses in carrying out the
purposes of chapter 402, Laws of 2005.
(2) Only the director or the director's designee may authorize
expenditures from the account.
(3) The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
NEW SECTION. Sec. 3 (1) The Washington state institute for
public policy shall:
(a) Conduct a national review of state programs for youth
transitioning out of foster care covering state policies on eligibility
requirements for continued foster care, age thresholds for
transitioning services, types of services provided, and use of state
funds to supplement federal moneys for transitioning youth; and
(b) Survey foster youth and foster parents in Washington to provide
information on how well current services are meeting the needs of youth
transitioning out of foster care.
(2) The institute shall issue a preliminary report by September 1,
2008, with a final report by December 31, 2008."
ESSB 5909 -
By Senator
On page 1, line 2 of the title, after "care;" strike the remainder of the title and insert "amending RCW 74.13.031 and 43.31.470; and creating a new section."