| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Early Learning & Children's Services Committee | |
HB 1287
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Modifying foster children placement provisions.
Sponsors: Representatives Kagi, Hinkle, Walsh, Haler, Appleton, Simpson, Moeller and Kenney; by request of Department of Social and Health Services.
Brief Summary of Bill |
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Hearing Date: 2/1/07
Staff: Sydney Forrester (786-7120).
Background:
Dependency Review Hearings
When children are taken into the custody of the DSHS and found to be dependent and a result of
abuse or neglect, periodic dependency review hearings are required in superior court until the
dependency is dismissed. Dependency review hearings require the court to make certain
determinations related to the status of the case, including a determination of whether the child
has been placed in the least restrictive setting and whether placement with a relative has been
given consideration and preference. State law currently grants foster parents, pre-adoptive
parents, and relative care givers a right to an opportunity to be heard in these dependency review
hearings. Foster parents, pre-adoptive parents, and relative care givers also are entitled to notice
of these review hearings.
Educational and Medical Records of Children in Out-of-Home Care
When a child enters foster care or kinship care, the DSHS is required to provide care givers with
the child's health and education records to the extent they are available. The availability of the
child's records depends in part on where the records are maintained. Whether or not the entity
maintaining the records has a clear understanding of the laws governing assess to and sharing of
health and education records also can impact the time it takes for the DSHS to access the child's
records.
The Safe and Timely Interstate Placement of Foster Children Act of 2006
In July 2006, the Safe and Timely Interstate Placement of Foster Children Act of 2006 (Act)
became federal law. The Act requires state courts to ensure foster parents, pre-adoptive parents,
and relative care givers have the right to be heard in all proceedings regarding children in their
care. The Act also requires the entry of orders related to: (1) accessing the educational and
medical records of children in out-of-home care; and (2) authorizing and managing school
enrollment related processes.
Summary of Bill:
When child is placed in out-of-home care as a result of suffering abuse or neglect, the court is
required to enter orders: (1) authorizing the DSHS to obtain the child's most recent medical,
health, mental health, and educational records; and (2) authorizing foster and kinship care givers
to manage enrollment and other school-related processes and services on behalf of the child.
Foster parents, pre-adoptive parents, and relative care givers of children in the custody of the
DSHS must be notified prior to each proceeding of their right to be heard in each proceeding
under the state's dependency statutes relating to children in their care. The dependency review
hearings for children in DSHS custody must establish in writing whether both in-state and
out-of-state placement options have been considered for the child.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.