ESHB 1782 -
By Committee on Human Services & Corrections
ADOPTED AS AMENDED 04/16/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.34.065 and 2008 c 267 s 2 are each amended to read
as follows:
(1)(a) When a child is taken into custody, the court shall hold a
shelter care hearing within seventy-two hours, excluding Saturdays,
Sundays, and holidays. The primary purpose of the shelter care hearing
is to determine whether the child can be immediately and safely
returned home while the adjudication of the dependency is pending.
(b) Any parent, guardian, or legal custodian who for good cause is
unable to attend the shelter care hearing may request that a subsequent
shelter care hearing be scheduled. The request shall be made to the
clerk of the court where the petition is filed prior to the initial
shelter care hearing. Upon the request of the parent, the court shall
schedule the hearing within seventy-two hours of the request, excluding
Saturdays, Sundays, and holidays. The clerk shall notify all other
parties of the hearing by any reasonable means.
(2)(a) The department of social and health services shall submit a
recommendation to the court as to the further need for shelter care in
all cases in which it is the petitioner. In all other cases, the
recommendation shall be submitted by the juvenile court probation
counselor.
(b) All parties have the right to present testimony to the court
regarding the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of
need for shelter care must be supported by sworn testimony, affidavit,
or declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify
the parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter
care hearing;
(ii) The nature of the shelter care hearing, the rights of the
parents, and the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by
counsel, the right to be represented. If the parent, guardian, or
custodian is indigent, the court shall appoint counsel as provided in
RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the
shelter care hearing, the court shall determine, on the record and with
the parties present, whether such waiver is knowing and voluntary. A
parent may not waive his or her right to the shelter care hearing
unless he or she appears in court and the court determines that the
waiver is knowing and voluntary. Regardless of whether the court
accepts the parental waiver of the shelter care hearing, the court must
provide notice to the parents of their rights required under (a) of
this subsection and make the finding required under subsection (4) of
this section.
(4) At the shelter care hearing the court shall examine the need
for shelter care and inquire into the status of the case. The
paramount consideration for the court shall be the health, welfare, and
safety of the child. At a minimum, the court shall inquire into the
following:
(a) Whether the notice required under RCW 13.34.062 was given to
all known parents, guardians, or legal custodians of the child. The
court shall make an express finding as to whether the notice required
under RCW 13.34.062 was given to the parent, guardian, or legal
custodian. If actual notice was not given to the parent, guardian, or
legal custodian and the whereabouts of such person is known or can be
ascertained, the court shall order the supervising agency or the
department of social and health services to make reasonable efforts to
advise the parent, guardian, or legal custodian of the status of the
case, including the date and time of any subsequent hearings, and their
rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the
adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative.
The court shall ask the parents whether the department discussed with
them the placement of the child with a relative and shall determine
whether the department has made efforts in this regard;
(d) What services were provided to the family to prevent or
eliminate the need for removal of the child from the child's home;
(e) Is the placement proposed by the agency the least disruptive
and most family-like setting that meets the needs of the child;
(f) Whether it is in the best interest of the child to remain
enrolled in the school, developmental program, or child care the child
was in prior to placement and what efforts have been made to maintain
the child in the school, program, or child care if it would be in the
best interest of the child to remain in the same school, program, or
child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in 25
U.S.C. Sec. 1903, whether the provisions of the Indian child welfare
act apply, and whether there is compliance with the Indian child
welfare act, including notice to the child's tribe;
(i) Whether, as provided in RCW 26.44.063, restraining orders, or
orders expelling an allegedly abusive household member from the home of
a nonabusive parent, guardian, or legal custodian, will allow the child
to safely remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate
services are needed. The court may not order a parent to undergo
examinations, evaluation, or services at the shelter care hearing
unless the parent agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family
visitation.
(5)(a) The court shall release a child alleged to be dependent to
the care, custody, and control of the child's parent, guardian, or
legal custodian unless the court finds there is reasonable cause to
believe that:
(i) After consideration of the specific services that have been
provided, reasonable efforts have been made to prevent or eliminate the
need for removal of the child from the child's home and to make it
possible for the child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to
provide supervision and care for such child; or
(B) The release of such child would present a serious threat of
substantial harm to such child, notwithstanding an order entered
pursuant to RCW 26.44.063; or
(C) The parent, guardian, or custodian to whom the child could be
released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court does not release the child to his or her parent,
guardian, or legal custodian, the court shall order placement with a
relative, unless there is reasonable cause to believe the health,
safety, or welfare of the child would be jeopardized or that the
efforts to reunite the parent and child will be hindered. The relative
must be willing and available to:
(i) Care for the child and be able to meet any special needs of the
child;
(ii) Facilitate the child's visitation with siblings, if such
visitation is part of the supervising agency's plan or is ordered by
the court; and
(iii) Cooperate with the department in providing necessary
background checks and home studies.
(c) If the child was not initially placed with a relative, and the
court does not release the child to his or her parent, guardian, or
legal custodian, the supervising agency shall make reasonable efforts
to locate a relative pursuant to RCW 13.34.060(1).
(d) If a relative is not available, the court shall order continued
shelter care or order placement with another suitable person, and the
court shall set forth its reasons for the order, including why
placement with a relative is not appropriate at this time. If the
court orders placement of the child with a person not related to the
child and not licensed to provide foster care, the placement is subject
to all terms and conditions of this section that apply to relative
placements.
(e) Any placement with a relative, or other person approved by the
court pursuant to this section, shall be contingent upon cooperation
with the agency case plan and compliance with court orders related to
the care and supervision of the child including, but not limited to,
court orders regarding parent-child contacts, sibling contacts, and any
other conditions imposed by the court. Noncompliance with the case
plan or court order is grounds for removal of the child from the home
of the relative or other person, subject to review by the court.
(f) Uncertainty by a parent, guardian, legal custodian, relative,
or other suitable person that the alleged abuser has in fact abused the
child shall not, alone, be the basis upon which a child is removed from
the care of a parent, guardian, or legal custodian under (a) of this
subsection, nor shall it be a basis, alone, to preclude placement with
a relative under (b) of this subsection or with another suitable person
under (d) of this subsection.
(6)(a) A shelter care order issued pursuant to this section shall
include the requirement for a case conference as provided in RCW
13.34.067. However, if the parent is not present at the shelter care
hearing, or does not agree to the case conference, the court shall not
include the requirement for the case conference in the shelter care
order.
(b) If the court orders a case conference, the shelter care order
shall include notice to all parties and establish the date, time, and
location of the case conference which shall be no later than thirty
days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or
hearing as an alternative to the case conference required under RCW
13.34.067 so long as the conference, case staffing, or hearing ordered
by the court meets all requirements under RCW 13.34.067, including the
requirement of a written agreement specifying the services to be
provided to the parent.
(7)(a) A shelter care order issued pursuant to this section may be
amended at any time with notice and hearing thereon. The shelter care
decision of placement shall be modified only upon a showing of change
in circumstances. No child may be placed in shelter care for longer
than thirty days without an order, signed by the judge, authorizing
continued shelter care.
(b)(i) An order releasing the child on any conditions specified in
this section may at any time be amended, with notice and hearing
thereon, so as to return the child to shelter care for failure of the
parties to conform to the conditions originally imposed.
(ii) The court shall consider whether nonconformance with any
conditions resulted from circumstances beyond the control of the
parent, guardian, or legal custodian and give weight to that fact
before ordering return of the child to shelter care.
(8)(a) If a child is returned home from shelter care a second time
in the case, or if the supervisor of the caseworker deems it necessary,
the multidisciplinary team may be reconvened.
(b) If a child is returned home from shelter care a second time in
the case a law enforcement officer must be present and file a report to
the department.
Sec. 2 RCW 13.34.130 and 2007 c 413 s 6 and 2007 c 412 s 2 are
each reenacted and amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has
been proven by a preponderance of the evidence that the child is
dependent within the meaning of RCW 13.34.030 after consideration of
the social study prepared pursuant to RCW 13.34.110 and after a
disposition hearing has been held pursuant to RCW 13.34.110, the court
shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the
case:
(a) Order a disposition other than removal of the child from his or
her home, which shall provide a program designed to alleviate the
immediate danger to the child, to mitigate or cure any damage the child
has already suffered, and to aid the parents so that the child will not
be endangered in the future. In determining the disposition, the court
should choose those services, including housing assistance, that least
interfere with family autonomy and are adequate to protect the child.
(b) Order the child to be removed from his or her home and into the
custody, control, and care of a relative or the department or a
licensed child placing agency for supervision of the child's placement.
The department or agency supervising the child's placement has the
authority to place the child, subject to review and approval by the
court (i) with a relative as defined in RCW 74.15.020(2)(a), (ii) in a
foster family home or group care facility licensed pursuant to chapter
74.15 RCW, or (iii) in the home of another suitable person if the child
or family has a preexisting relationship with that person, and the
person has completed all required criminal history background checks
and otherwise appears to the department or supervising agency to be
suitable and competent to provide care for the child. Absent good
cause, the department or supervising agency shall follow the wishes of
the natural parent regarding the placement of the child in accordance
with RCW 13.34.260. The department or supervising agency may only
place a child with a person not related to the child as defined in RCW
74.15.020(2)(a) when the court finds that such placement is in the best
interest of the child. Unless there is reasonable cause to believe
that the health, safety, or welfare of the child would be jeopardized
or that efforts to reunite the parent and child will be hindered, such
child shall be placed with a person who is: (A) Related to the child
as defined in RCW 74.15.020(2)(a) with whom the child has a
relationship and is comfortable; and (B) willing and available to care
for the child.
(2) Placement of the child with a relative under this subsection
shall be given preference by the court. If the court does not place
the child with a relative, the court shall indicate why placement with
a relative did not occur. An order for out-of-home placement may be
made only if the court finds that reasonable efforts have been made to
prevent or eliminate the need for removal of the child from the child's
home and to make it possible for the child to return home, specifying
the services that have been provided to the child and the child's
parent, guardian, or legal custodian, and that preventive services have
been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home, and that:
(a) There is no parent or guardian available to care for such
child;
(b) The parent, guardian, or legal custodian is not willing to take
custody of the child; or
(c) The court finds, by clear, cogent, and convincing evidence, a
manifest danger exists that the child will suffer serious abuse or
neglect if the child is not removed from the home and an order under
RCW 26.44.063 would not protect the child from danger.
(3) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section, the court shall consider
whether it is in a child's best interest to be placed with, have
contact with, or have visits with siblings.
(a) There shall be a presumption that such placement, contact, or
visits are in the best interests of the child provided that:
(i) The court has jurisdiction over all siblings subject to the
order of placement, contact, or visitation pursuant to petitions filed
under this chapter or the parents of a child for whom there is no
jurisdiction are willing to agree; and
(ii) There is no reasonable cause to believe that the health,
safety, or welfare of any child subject to the order of placement,
contact, or visitation would be jeopardized or that efforts to reunite
the parent and child would be hindered by such placement, contact, or
visitation. In no event shall parental visitation time be reduced in
order to provide sibling visitation.
(b) The court may also order placement, contact, or visitation of
a child with a step-brother or step-sister provided that in addition to
the factors in (a) of this subsection, the child has a relationship and
is comfortable with the step-sibling.
(4) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section and placed into
nonparental or nonrelative care, the court shall order a placement that
allows the child to remain in the same school he or she attended prior
to the initiation of the dependency proceeding when such a placement is
practical and in the child's best interest.
(5) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section, the court may order that
a petition seeking termination of the parent and child relationship be
filed if the requirements of RCW 13.34.132 are met.
(6) If there is insufficient information at the time of the
disposition hearing upon which to base a determination regarding the
suitability of a proposed placement with a relative, the child shall
remain in foster care and the court shall direct the supervising agency
to conduct necessary background investigations as provided in chapter
74.15 RCW and report the results of such investigation to the court
within thirty days. However, if such relative appears otherwise
suitable and competent to provide care and treatment, the criminal
history background check need not be completed before placement, but as
soon as possible after placement. Any placements with relatives,
pursuant to this section, shall be contingent upon cooperation by the
relative with the agency case plan and compliance with court orders
related to the care and supervision of the child including, but not
limited to, court orders regarding parent-child contacts, sibling
contacts, and any other conditions imposed by the court. Noncompliance
with the case plan or court order shall be grounds for removal of the
child from the relative's home, subject to review by the court.
Sec. 3 RCW 13.34.138 and 2007 c 413 s 8 and 2007 c 410 s 1 are
each reenacted and amended to read as follows:
(1) Except for children whose cases are reviewed by a citizen
review board under chapter 13.70 RCW, the status of all children found
to be dependent shall be reviewed by the court at least every six
months from the beginning date of the placement episode or the date
dependency is established, whichever is first. The purpose of the
hearing shall be to review the progress of the parties and determine
whether court supervision should continue.
(a) The initial review hearing shall be an in-court review and
shall be set six months from the beginning date of the placement
episode or no more than ninety days from the entry of the disposition
order, whichever comes first. The requirements for the initial review
hearing, including the in-court review requirement, shall be
accomplished within existing resources.
(b) The initial review hearing may be a permanency planning hearing
when necessary to meet the time frames set forth in RCW 13.34.145
(1)(a) or 13.34.134.
(2)(a) A child shall not be returned home at the review hearing
unless the court finds that a reason for removal as set forth in RCW
13.34.130 no longer exists. The parents, guardian, or legal custodian
shall report to the court the efforts they have made to correct the
conditions which led to removal. If a child is returned, casework
supervision shall continue for a period of six months, at which time
there shall be a hearing on the need for continued intervention.
(b) Prior to the child returning home, the department must complete
the following:
(i) Identify all adults residing in the home and conduct background
checks on those persons;
(ii) Identify any persons who may act as a caregiver for the child
in addition to the parent with whom the child is being placed and
determine whether such persons are in need of any services in order to
ensure the safety of the child, regardless of whether such persons are
a party to the dependency. The department or supervising agency may
recommend to the court and the court may order that placement of the
child in the parent's home be contingent on or delayed based on the
need for such persons to engage in or complete services to ensure the
safety of the child prior to placement. If services are recommended
for the caregiver, and the caregiver fails to engage in or follow
through with the recommended services, the department or supervising
agency must promptly notify the court; and
(iii) Notify the parent with whom the child is being placed that he
or she has an ongoing duty to notify the department or supervising
agency of all persons who reside in the home or who may act as a
caregiver for the child both prior to the placement of the child in the
home and subsequent to the placement of the child in the home as long
as the court retains jurisdiction of the dependency proceeding or the
department is providing or monitoring either remedial services to the
parent or services to ensure the safety of the child to any caregivers.
Caregivers may be required to engage in services under this
subsection solely for the purpose of ensuring the present and future
safety of a child who is a ward of the court. This subsection does not
grant party status to any individual not already a party to the
dependency proceeding, create an entitlement to services or a duty on
the part of the department or supervising agency to provide services,
or create judicial authority to order the provision of services to any
person other than for the express purposes of this section or RCW
13.34.025 or if the services are unavailable or unsuitable or the
person is not eligible for such services.
(c) If the child is not returned home, the court shall establish in
writing:
(i) Whether the agency is making reasonable efforts to provide
services to the family and eliminate the need for placement of the
child. If additional services, including housing assistance, are
needed to facilitate the return of the child to the child's parents,
the court shall order that reasonable services be offered specifying
such services;
(ii) Whether there has been compliance with the case plan by the
child, the child's parents, and the agency supervising the placement;
(iii) Whether progress has been made toward correcting the problems
that necessitated the child's placement in out-of-home care;
(iv) Whether the services set forth in the case plan and the
responsibilities of the parties need to be clarified or modified due to
the availability of additional information or changed circumstances;
(v) Whether there is a continuing need for placement;
(vi) Whether the child is in an appropriate placement which
adequately meets all physical, emotional, and educational needs;
(vii) Whether preference has been given to placement with the
child's relatives and if not, the court shall indicate why the child is
not in a relative placement;
(viii) Whether both in-state and, where appropriate, out-of-state
placements have been considered;
(ix) Whether the parents have visited the child and any reasons why
visitation has not occurred or has been infrequent;
(x) Whether terms of visitation need to be modified;
(xi) Whether the court-approved long-term permanent plan for the
child remains the best plan for the child;
(xii) Whether any additional court orders need to be made to move
the case toward permanency; and
(xiii) The projected date by which the child will be returned home
or other permanent plan of care will be implemented.
(d) The court at the review hearing may order that a petition
seeking termination of the parent and child relationship be filed.
(3)(a) In any case in which the court orders that a dependent child
may be returned to or remain in the child's home, the in-home placement
shall be contingent upon the following:
(i) The compliance of the parents with court orders related to the
care and supervision of the child, including compliance with an agency
case plan; and
(ii) The continued participation of the parents, if applicable, in
available substance abuse or mental health treatment if substance abuse
or mental illness was a contributing factor to the removal of the
child.
(b) The following may be grounds for removal of the child from the
home, subject to review by the court:
(i) Noncompliance by the parents with the agency case plan or court
order;
(ii) The parent's inability, unwillingness, or failure to
participate in available services or treatment for themselves or the
child, including substance abuse treatment if a parent's substance
abuse was a contributing factor to the abuse or neglect; or
(iii) The failure of the parents to successfully and substantially
complete available services or treatment for themselves or the child,
including substance abuse treatment if a parent's substance abuse was
a contributing factor to the abuse or neglect.
(c) In a pending dependency case in which the court orders that a
dependent child may be returned home and that child is later removed
from the home, the court shall hold a review hearing within thirty days
from the date of removal to determine whether the permanency plan
should be changed, a termination petition should be filed, or other
action is warranted. The best interests of the child shall be the
court's primary consideration in the review hearing.
(4) The court's ability to order housing assistance under ((RCW
13.34.130 and this section)) this chapter is: (a) Limited to cases in
which homelessness or the lack of adequate and safe housing is the
primary reason for an out-of-home placement; and (b) subject to the
availability of funds appropriated for this specific purpose.
(5) The court shall consider the child's relationship with siblings
in accordance with RCW 13.34.130(3).
NEW SECTION. Sec. 4 A new section is added to chapter 13.34 RCW
to read as follows:
(1) At a disposition, review, or any other hearing that occurs
after a dependency is established under this chapter, the court shall
ensure that a dependent child over the age of twelve, who is otherwise
present in the courtroom, is aware of and understands the duties and
responsibilities the department has to a child subject to a dependency
including, but not limited to, the following:
(a) Reasonable efforts, including the provision of services, toward
reunification of the child with his or her family;
(b) Sibling visits subject to the restrictions in RCW
13.34.136(2)(b)(ii);
(c) Parent-child visits;
(d) Statutory preference for placement with a relative, if
appropriate; and
(e) Statutory preference that an out-of-home placement be found
that would allow the child to remain in the same school district, if
practical.
(2) If the dependent child is already represented by counsel, the
court need not comply with subsection (1) of this section.
NEW SECTION. Sec. 5 A new section is added to chapter 13.34 RCW
to read as follows:
(1) The administrative office of the courts shall develop standard
court forms and format rules for mandatory use by parties in dependency
matters commenced under this chapter or chapter 26.44 RCW. Forms shall
be developed not later than November 1, 2009, and the mandatory use
requirement shall be effective January 1, 2010. The administrative
office of the courts has continuing responsibility to develop and
revise mandatory forms and format rules as appropriate.
(2) According to rules established by the administrative office of
the courts, a party may delete unnecessary portions of the forms and
may supplement the mandatory forms with additional material.
(3) Failure by a party to use the mandatory forms or follow the
format rules shall not be a reason to dismiss a case, refuse a filing,
or strike a pleading. The court may, however, require the party to
submit a corrected pleading and may impose terms payable to the
opposing party or payable to the court, or both.
(4) The administrative office of the courts shall distribute a
master copy of the mandatory forms to all county court clerks. Upon
request, the administrative office of the courts and county clerks must
distribute the forms to the public and may charge for the cost of
production and distribution of the forms. Private vendors also may
distribute the forms. Distribution of forms may be in printed or
electronic form.
Sec. 6 RCW 74.13.031 and 2008 c 267 s 6 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. 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 placements of children in out-of-home care and in-home
dependencies 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. The policy for monitoring
placements under this section shall require that children in out-of-home care and in-home dependencies and their caregivers receive a
private and individual face-to-face visit each month.
(a) The department shall conduct the monthly visits with children
and caregivers required under this section unless the child's placement
is being supervised under a contract between the department and a
private agency accredited by a national child welfare accrediting
entity, in which case the private agency shall, within existing
resources, conduct the monthly visits with the child and with the
child's caregiver according to the standards described in this
subsection and shall provide the department with a written report of
the visits within fifteen days of completing the visits.
(b) In cases where the monthly visits required under this
subsection are being conducted by a private agency, the department
shall conduct a face-to-face health and safety visit with the child at
least once every ninety days.
(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.
(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.
(16)(a) Within current funding levels, place on the public web site
maintained by the department a document listing the duties and
responsibilities the department has to a child subject to a dependency
petition including, but not limited to, the following:
(i) Reasonable efforts, including the provision of services, toward
reunification of the child with his or her family;
(ii) Sibling visits subject to the restrictions in RCW
13.34.136(2)(b)(ii);
(iii) Parent-child visits;
(iv) Statutory preference for placement with a relative, if
appropriate; and
(v) Statutory preference that an out-of-home placement be found
that would allow the child to remain in the same school district, if
practical.
(b) The document must be prepared in conjunction with a community-based organization and must be updated as needed.
NEW SECTION. Sec. 7 A new section is added to chapter 74.13 RCW
to read as follows:
Once a dependency is established under chapter 13.34 RCW, the
social worker assigned to the case shall provide the dependent child
with a document containing the information contained in RCW
74.13.031(16). The social worker shall also explain the content of the
document to the child and direct the child to the department's web site
for further information. The social worker shall document, in the
electronic data system, that this requirement was met.
Sec. 8 RCW 74.13.109 and 1990 c 285 s 7 are each amended to read
as follows:
(1) The secretary shall issue rules and regulations to assist in
the administration of the program of adoption support authorized by RCW
26.33.320 and 74.13.100 through 74.13.145.
(2) Disbursements from the appropriations available from the
general fund shall be made pursuant to such rules and regulations and
pursuant to agreements conforming thereto to be made by the secretary
with parents for the purpose of supporting the adoption of children in,
or likely to be placed in, foster homes or child caring institutions
who are found by the secretary to be difficult to place in adoption
because of physical or other reasons; including, but not limited to,
physical or mental handicap, emotional disturbance, ethnic background,
language, race, color, age, or sibling grouping.
(3) Such agreements shall meet the following criteria:
(((1))) (a) The child whose adoption is to be supported pursuant to
such agreement shall be or have been a child hard to place in adoption.
(((2))) (b) Such agreement must relate to a child who was or is
residing in a foster home or child-caring institution or a child who,
in the judgment of the secretary, is both eligible for, and likely to
be placed in, either a foster home or a child-caring institution.
(((3))) (c) Such agreement shall provide that adoption support
shall not continue beyond the time that the adopted child reaches
eighteen years of age, becomes emancipated, dies, or otherwise ceases
to need support, provided that if the secretary shall find that
continuing dependency of such child after such child reaches eighteen
years of age warrants the continuation of support pursuant to RCW
26.33.320 and 74.13.100 through 74.13.145 the secretary may do so,
subject to all the provisions of RCW 26.33.320 and 74.13.100 through
74.13.145, including annual review of the amount of such support.
(((4))) (d) Any prospective parent who is to be a party to such
agreement shall be a person who has the character, judgment, sense of
responsibility, and disposition which make him or her suitable as an
adoptive parent of such child.
(4) Six months before an adoption is finalized under chapter 26.33
RCW and RCW 74.13.100 through 74.13.145, the department must provide to
the prospective adoptive parents, in writing, information describing
the limits of the adoption support program including the following
information:
(a) The limits on monthly in-cash payments to adoptive families;
(b) The limits on the availability of mental health services and
the funds with which to pay for these services;
(c) How to access mental health services for children receiving
adoption support services;
(d) The limits on the one-time cash payments to adoptive families
for expenses related to their adopted children;
(e) That payment for residential or group care is not available for
adopted children under this chapter;
(f) The risks inherent in adopting a child from the department.
Sec. 9 RCW 74.13.250 and 1990 c 284 s 2 are each amended to read
as follows:
(1) Preservice training is recognized as a valuable tool to reduce
placement disruptions, the length of time children are in care, and
foster parent turnover rates. Preservice training also assists
potential foster parents in making their final decisions about foster
parenting and assists social service agencies in obtaining information
about whether to approve potential foster parents.
(2) Foster parent preservice training shall include information
about the potential impact of placement on foster children; social
service agency administrative processes; the requirements,
responsibilities, expectations, and skills needed to be a foster
parent; attachment, separation, and loss issues faced by birth parents,
foster children, and foster parents; child management and discipline;
birth family relationships; information on the limits of the adoption
support program as provided in RCW 74.13.109(4); and helping children
leave foster care. Preservice training shall assist applicants in
making informed decisions about whether they want to be foster parents.
Preservice training shall be designed to enable the agency to assess
the ability, readiness, and appropriateness of families to be foster
parents. As a decision tool, effective preservice training provides
potential foster parents with enough information to make an appropriate
decision, affords potential foster parents an opportunity to discuss
their decision with others and consider its implications for their
family, clarifies foster family expectations, presents a realistic
picture of what foster parenting involves, and allows potential foster
parents to consider and explore the different types of children they
might serve.
(3) Preservice training shall be completed prior to the issuance of
a foster care license, except that the department may, on a case by
case basis, issue a written waiver that allows the foster parent to
complete the training after licensure, so long as the training is
completed within ninety days following licensure.
Sec. 10 RCW 74.13.333 and 2004 c 181 s 1 are each amended to read
as follows:
(1) A foster parent who believes that a department employee has
retaliated against the foster parent or in any other manner
discriminated against the foster parent because:
(((1))) (a) The foster parent made a complaint with the office of
the family and children's ombudsman, the attorney general, law
enforcement agencies, or the department, provided information, or
otherwise cooperated with the investigation of such a complaint;
(((2))) (b) The foster parent has caused to be instituted any
proceedings under or related to Title 13 RCW;
(((3))) (c) The foster parent has testified or is about to testify
in any proceedings under or related to Title 13 RCW;
(((4))) (d) The foster parent has advocated for services on behalf
of the foster child;
(((5))) (e) The foster parent has sought to adopt a foster child in
the foster parent's care; or
(((6))) (f) The foster parent has discussed or consulted with
anyone concerning the foster parent's rights under this chapter or
chapter 74.15 or 13.34 RCW, may file a complaint with the office of the
family and children's ombudsman.
(2) The ombudsman may investigate the allegations of retaliation.
The ombudsman shall have access to all relevant information and
resources held by or within the department by which to conduct the
investigation. Upon the conclusion of its investigation, the ombudsman
shall provide its findings in written form to the department.
(3) The department shall notify the office of the family and
children's ombudsman in writing, within thirty days of receiving the
ombudsman's findings, of any personnel action taken or to be taken with
regard to the department employee.
(4) The office of the family and children's ombudsman shall also
include its recommendations regarding complaints filed under this
section in its annual report pursuant to RCW 43.06A.030. The office of
the family and children's ombudsman shall identify trends which may
indicate a need to improve relations between the department and foster
parents."
ESHB 1782 -
By Committee on Human Services & Corrections
ADOPTED AS AMENDED 04/16/2009
On page 1, line 2 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 13.34.065, 74.13.031, 74.13.109, 74.13.250, and 74.13.333; reenacting and amending RCW 13.34.130 and 13.34.138; adding new sections to chapter 13.34 RCW; and adding a new section to chapter 74.13 RCW."