2SHB 2264 -
By Representative Kagi
ADOPTED 02/14/2012
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 74.13 RCW
to read as follows:
(1) The legislature finds that:
(a) The state of Washington and several Indian tribes in the state
of Washington assume legal responsibility for abused or neglected
children when their parents or caregivers are unable or unwilling to
adequately provide for their safety, health, and welfare;
(b) Washington state has a strong history of partnership between
the department of social and health services and contracted service
providers who currently serve children and families in the child
welfare system. The department and its contracted service providers
have responsibility for providing services to address parenting
deficiencies resulting in child maltreatment, and the needs of children
impacted by maltreatment;
(c) Department caseworkers and contracted service providers each
play a critical and complementary role in the child welfare system. A
2007 Washington state children's administration workload study found
significant gaps in the number of case-carrying social workers relative
to the demands of their workload;
(d) The current system of contracting for services needed by
children and families in the child welfare system is fragmented,
inflexible, and lacks incentives for improving outcomes for children
and families.
(2) The legislature intends:
(a) To reform the delivery of certain services to children and
families in the child welfare system by creating a flexible,
accountable community-based system of care that utilizes
performance-based contracting, maximizes the use of evidence-based,
research-based, and promising practices, and expands the capacity of
community-based agencies to leverage local funding and other resources
to benefit children and families served by the department;
(b) To phase in implementation of performance-based contracting in
order to develop the contracting experience and other capacity
necessary for statewide implementation;
(c) To achieve improved child safety, child permanency, including
reunification, and child well-being outcomes through the collaborative
efforts of the department and contracted service providers and the
prioritization of these goals in performance-based contracting; and
(d) To implement performance-based contracting under this act in a
manner that supports and complies with the federal and Washington state
Indian child welfare act.
Sec. 2 RCW 74.13.020 and 2011 c 330 s 4 are each reenacted and
amended to read as follows:
For purposes of this chapter:
(1) "Case management" means ((the management of services delivered
to children and families in the child welfare system, including
permanency services, caseworker-child visits, family visits, the))
convening ((of)) family ((group conferences, the development and
revision of the case plan, the coordination and monitoring of services
needed by the child and family,)) meetings, developing, revising, and
monitoring implementation of any case plan or individual service and
safety plan, coordinating and monitoring services needed by the child
and family, caseworker-child visits, family visits, and the assumption
of court-related duties, excluding legal representation, including
preparing court reports, attending judicial hearings and permanency
hearings, and ensuring that the child is progressing toward permanency
within state and federal mandates, including the Indian child welfare
act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to
receive the extended foster care services authorized under RCW
74.13.031.
(3) "Child-placing agency" has the same meaning as in RCW
74.15.020.
(4) "Child protective services" has the same meaning as in RCW
26.44.020.
(((4))) (5) "Child welfare services" means social services
including voluntary and in-home services, out-of-home care, case
management, and adoption services which strengthen, supplement, or
substitute for, parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of
problems which may result in families in conflict, or the neglect,
abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected
children;
(c) Assisting children who are in conflict with their parents, and
assisting parents who are in conflict with their children, with
services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the
strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in
foster family homes or day care or other child care agencies or
facilities.
(("Child welfare services" does not include child protection
services.))
(5) "Committee" means the child welfare transformation design
committee.
(6) "Department" means the department of social and health
services.
(7) "Evidence-based" means a program or practice that is cost-effective and includes at least two randomized or statistically
controlled evaluations that have demonstrated improved outcomes for its
intended population.
(8) "Extended foster care services" means residential and other
support services the department is authorized to provide to foster
children. These services include, but are not limited to, placement in
licensed, relative, or otherwise approved care, or supervised
independent living settings; assistance in meeting basic needs;
independent living services; medical assistance; and counseling or
treatment.
(((8) "Measurable effects" means a statistically significant change
which occurs as a result of the service or services a supervising
agency is assigned in a performance-based contract, in time periods
established in the contract.))
(9) "Network administrator" means an entity that contracts with the
department to provide defined services to children and families in the
child welfare system through its provider network, as provided in
section 3 of this act.
(10) "Out-of-home care services" means services provided after the
shelter care hearing to or for children in out-of-home care, as that
term is defined in RCW 13.34.030, and their families, including the
recruitment, training, and management of foster parents, the
recruitment of adoptive families, and the facilitation of the adoption
process, family reunification, independent living, emergency shelter,
residential group care, and foster care, including relative placement.
(((10))) (11) "Performance-based contracting" means ((the)), for
the purposes of sections 3 through 6 of this act and RCW 74.13.366 and
74.13.370, structuring ((of)) all aspects of the procurement of
services around the purpose of the work to be performed and the desired
results with the contract requirements set forth in clear, specific,
and objective terms with measurable outcomes and linking payment for
services to contractor performance. ((Contracts shall also include
provisions that link the performance of the contractor to the level and
timing of reimbursement.)) (12) "Permanency services" means long-term services provided
to secure a child's safety, permanency, and well-being, including
foster care services, family reunification services, adoption services,
and preparation for independent living services.
(11)
(((12))) (13) "Primary prevention services" means services which
are designed and delivered for the primary purpose of enhancing child
and family well-being and are shown, by analysis of outcomes, to reduce
the risk to the likelihood of the initial need for child welfare
services.
(((13) "Supervising agency" means an agency licensed by the state
under RCW 74.15.090, or licensed by a federally recognized Indian tribe
located in this state under RCW 74.15.190, that has entered into a
performance-based contract with the department to provide case
management for the delivery and documentation of child welfare
services, as defined in this section.)) (14) "Promising practice" means
a practice that presents, based upon preliminary information, potential
for becoming a research-based or consensus-based practice.
(15) "Provider network" means those service providers who contract
with a network administrator to provide services to children and
families in the geographic area served by the network administrator.
(16) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
NEW SECTION. Sec. 3 A new section is added to chapter 74.13 RCW
to read as follows:
(1) No later than December 1, 2013, the department shall enter into
performance-based contracts for the provision of family support and
related services. The department may enter into performance-based
contracts for additional services, other than case management, in
future procurements.
(2) Beginning December 1, 2013, the department may not renew its
current contracts with individuals or entities for the provision of the
child welfare services included in performance-based contracts under
this section for services in geographic areas served by network
administrators under such contracts, except as mutually agreed upon
between the department and the network administrator to allow for the
successful transition of services that meet the needs of children and
families.
(3) The department shall conduct a procurement process to enter
into performance-based contracts with one or more network
administrators for family support and related services. As part of the
procurement process, the department shall consult with department
caseworkers, the exclusive bargaining representative for employees of
the department, tribal representatives, parents who were formerly
involved in the child welfare system, youth currently or previously in
foster care, child welfare services researchers, and the Washington
state institute for public policy to assist in identifying the array of
family support and related services that will be included in the
procurement. In identifying services, the department must review
current data and research related to the effectiveness of family
support and related services, and prioritize those services that are
most critical to the mitigation of child safety concerns and are
evidence-based or research-based. Expenditures for family support and
related services purchased under this section must remain within the
levels appropriated in the operating budget.
(4)(a) Network administrators shall, directly or through
subcontracts with service providers:
(i) Assist caseworkers in meeting their responsibility for
implementation of case plans and individual service and safety plans;
and
(ii) Provide the family support and related services included in a
child or family's case plan or individual service and safety plan
within funds available under contract.
(b) While the department caseworker retains responsibility for case
management, nothing in this act limits the ability of the department to
continue to contract for the provision of case management services by
child-placing agencies, behavioral rehabilitation services agencies, or
other entities that provided case management under contract with the
department prior to July 1, 2005.
(5) In conducting the procurement, the department shall actively
consult with other state agencies with relevant expertise, such as the
health care authority, and with philanthropic entities with expertise
in performance-based contracting for child welfare services. The
director of the office of financial management must approve the request
for proposal prior to its issuance.
(6) The procurement process must be developed and implemented in a
manner that complies with applicable provisions of intergovernmental
agreements between the state of Washington and tribal governments and
must provide an opportunity for tribal governments to contract for
service delivery through network administrators.
(7) The procurement and resulting contracts must include, but are
not limited to, the following standards and requirements:
(a) The use of family engagement approaches to successfully
motivate families to engage in services and training of the network's
contracted providers to apply such approaches;
(b) The use of parents and youth who are successful veterans of the
child welfare system to act as mentors through activities that include,
but are not limited to, helping families navigate the system,
facilitating parent engagement, and minimizing distrust of the child
welfare system;
(c) The establishment of qualifications for service providers
participating in provider networks, such as appropriate licensure or
certification, education, and accreditation by professional accrediting
entities;
(d) Adequate provider capacity to meet the anticipated service
needs in the network administrator's contracted service area. The
network administrator must be able to demonstrate that its provider
network is culturally competent and has adequate capacity to address
disproportionality, including utilization of tribal and other ethnic
providers capable of serving children and families of color or who need
language-appropriate services;
(e) Fiscal solvency of network administrators and providers
participating in the network;
(f) The use of evidence-based, research-based, and promising
practices, where appropriate, including fidelity and quality assurance
provisions;
(g) Network administrator quality assurance activities, including
monitoring of the performance of providers in their provider network,
with respect to meeting measurable service outcomes;
(h) Network administrator data reporting, including data on
contracted provider performance and service outcomes; and
(i) Network administrator compliance with applicable provisions of
intergovernmental agreements between the state of Washington and tribal
governments and the federal and Washington state Indian child welfare
act.
(8) Performance-based payment methodologies must be used in network
administrator contracting. Performance measures should relate to
successful engagement by a child or parent in services included in
their case plan, and resulting improvement in identified problem
behaviors and interactions. For the initial three-year period of
implementation of performance-based contracting, the department may
transfer financial risk for the provision of services to network
administrators only to the limited extent necessary to implement a
performance-based payment methodology, such as phased payment for
services. However, the department may develop a shared savings
methodology through which the network administrator will receive a
defined share of any savings that result from improved performance. If
the department receives a Title IV-E waiver, the shared savings
methodology must be consistent with the terms of the waiver. If a
shared savings methodology is adopted, the network administrator shall
reinvest the savings in enhanced services to better meet the needs of
the families and children they serve.
(9) The department must actively monitor network administrator
compliance with the terms of contracts executed under this section.
(10) The use of performance-based contracts under this section must
be done in a manner that does not adversely affect the state's ability
to continue to obtain federal funding for child welfare-related
functions currently performed by the state and with consideration of
options to further maximize federal funding opportunities and increase
flexibility in the use of such funds, including use for preventive and
in-home child welfare services.
NEW SECTION. Sec. 4 A new section is added to chapter 74.13 RCW
to read as follows:
(1) For those services included in contracts under section 3 of
this act, the service providers must be chosen by the department
caseworker from among those in the network administrator's provider
network. The criteria for provider selection must include the
geographic proximity of the provider to the child or family, and the
performance of the provider based upon data collected and provided by
the network administrator. If a reasonably qualified provider is not
available through the network administrator's provider network, at the
request of a department caseworker, a provider who is not currently
under contract with the network administrator may be offered a
provisional contract by the network administrator, pending that
provider demonstrating that he or she meets applicable provider
qualifications to participate in the administrator's provider network.
(2) The department shall develop a dispute resolution process to be
used when the network administrator disagrees with the department
caseworker's choice of a service provider due to factors such as the
service provider's performance history or ability to serve culturally
diverse families. The mediator or decision maker must be a neutral
employee of the department who has not been previously involved in the
case. The dispute resolution process must not result in a delay of
more than two business days in the receipt of needed services by the
child or family.
(3) The department and network administrator shall collaborate to
identify and respond to patterns or trends in service utilization that
may indicate overutilization or underutilization of family support and
related services, or may indicate a need to enhance service capacity.
NEW SECTION. Sec. 5 A new section is added to chapter 74.13 RCW
to read as follows:
(1) On an annual basis, beginning in the 2015-2017 biennium, the
department and contracted network administrators shall:
(a) Review and update the services offered through performance-based contracts in response to service outcome data for currently
contracted services and any research that has identified new evidence-based or research-based services not included in a previous
procurement; and
(b) Review service utilization and outcome data to determine
whether changes are needed in procurement policies or performance-based
contracts to better meet the goals established in section 1 of this
act.
(2) In conducting the review under subsection (1) of this section,
the department must consult with department caseworkers, the exclusive
bargaining representative for employees of the department, tribal
representatives, parents who were formerly involved in the child
welfare system, youth currently or previously in foster care, child
welfare services researchers, representatives of child welfare service
providers, and the Washington state institute for public policy.
NEW SECTION. Sec. 6 A new section is added to chapter 74.13 RCW
to read as follows:
(1) To achieve the service delivery improvements and efficiencies
intended in sections 1, 3, and 4 of this act and in RCW 74.13.366 and
74.13.370, and pursuant to RCW 41.06.142(3), contracting with network
administrators to provide services needed by children and families in
the child welfare system, pursuant to sections 3 and 4 of this act,
and execution and monitoring of individual provider contracts, pursuant
to section 3 of this act, are expressly mandated by the legislature and
are not subject to the processes set forth in RCW 41.06.142 (1), (4),
and (5).
(2) The express mandate in subsection (1) of this section is
limited to those services and activities provided in sections 3 and 4
of this act. If the department includes services customarily and
historically performed by department employees in the classified
service in a procurement for network administrators that exceeds the
scope of services or activities provided in sections 3 and 4 of this
act, such contracting is not specifically mandated and will be subject
to all applicable contractual and legal obligations.
Sec. 7 RCW 74.13.366 and 2010 c 291 s 6 are each amended to read
as follows:
For the purposes of the provision of child welfare services by
((supervising agencies under chapter 291, Laws of 2010, the department
shall give primary preference for performance-based contracts to
private nonprofit entities, including federally recognized Indian
tribes located in this state, who otherwise meet the definition of
supervising agency under RCW 74.13.020. In any continuation or
expansion of delivery of child welfare services purchased through the
use of performance-based contracts under the provisions of RCW
74.13.372, when all other elements of the bids are equal, private
nonprofit entities, federally recognized Indian tribes located in this
state, and state employees shall receive primary preference over
private for-profit entities)) provider networks, when all other
elements of the responses to any procurement under section 3 of this
act are equal, private nonprofit entities, federally recognized Indian
tribes located in this state, and state employees must receive primary
preference over private for-profit entities.
Sec. 8 RCW 74.13.370 and 2009 c 520 s 9 are each amended to read
as follows:
(1) ((Based upon the recommendations of the child welfare
transformation design committee, including the two sets of outcomes
developed by the committee under RCW 74.13.368(4)(b), the Washington
state institute for public policy is to conduct a review of measurable
effects achieved by the supervising agencies and compare those
measurable effects with the existing services offered by the state.
The report on the measurable effects shall be provided to the governor
and the legislature no later than April 1, 2015.)) No later than ((
(2)June 30, 2011)) December 1, 2014, the
Washington state institute for public policy shall provide the
legislature and the governor an initial report on the department's
conversion to the use of performance-based contracts as provided in
((RCW 74.13.360(1))) sections 3 and 4 of this act. No later than June
30, ((2012)) 2016, the Washington state institute for public policy
shall provide the governor and the legislature with a second report on
the ((department's conversion of its contracts to performance-based
contracts)) extent to which the use of performance-based contracting
has resulted in:
(a) Increased use of evidence-based, research-based, and promising
practices; and
(b) Improvements in outcomes for children, including child safety,
child permanency, including reunification, and child well-being.
(((3))) (2) The department and network administrators shall respond
to the Washington institute for public policy's request for data and
other information with which to complete these reports in a timely
manner.
(3) The Washington state institute for public policy must consult
with a university-based child welfare research entity to evaluate
performance-based contracting.
Sec. 9 RCW 74.13.010 and 2009 c 520 s 49 are each amended to read
as follows:
The purpose of this chapter is to safeguard, protect, and
contribute to the welfare of the children of the state, through a
comprehensive and coordinated program of child welfare services
provided by ((both)) the department ((and supervising agencies))
providing for: Social services and facilities for children who require
guidance, care, control, protection, treatment, or rehabilitation;
setting of standards for social services and facilities for children;
cooperation with public and voluntary agencies, organizations, and
citizen groups in the development and coordination of programs and
activities in behalf of children; and promotion of community conditions
and resources that help parents to discharge their responsibilities for
the care, development, and well-being of their children.
Sec. 10 RCW 74.13.031 and 2011 c 330 s 5 and 2011 c 160 s 2 are
each reenacted and amended to read as follows:
(1) The department ((and supervising agencies)) shall 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, the department ((and supervising
agencies)) shall 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 the department shall annually report to the
governor and the legislature concerning the department's ((and
supervising agency'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) The department shall 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) The department ((or supervising agencies)) shall offer, on a
voluntary basis, family reconciliation services to families who are in
conflict.
(5) The department ((or supervising agencies)) shall 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. Under this section children in out-of-home
care and in-home dependencies and their caregivers shall receive a
private and individual face-to-face visit each month. The department
((and the supervising agencies)) shall randomly select no less than ten
percent of the caregivers currently providing care to receive one
unannounced face-to-face visit in the caregiver's home per year. No
caregiver will receive an unannounced visit through the random
selection process for two consecutive years. If the caseworker makes
a good faith effort to conduct the unannounced visit to a caregiver and
is unable to do so, that month's visit to that caregiver need not be
unannounced. The department ((and supervising agencies are)) is
encouraged to group monthly visits to caregivers by geographic area so
that in the event an unannounced visit cannot be completed, the
caseworker may complete other required monthly visits. The department
shall use a method of random selection that does not cause a fiscal
impact to the department.
The department ((or supervising agencies)) shall conduct the
monthly visits with children and caregivers to whom it is providing
child welfare services.
(6) The department ((and supervising agencies)) shall 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) The department ((and supervising agency)) shall have authority
to provide temporary shelter to children who have run away from home
and who are admitted to crisis residential centers.
(8) The department ((and supervising agency)) shall have authority
to purchase care for children.
(9) The department shall establish a children's services advisory
committee ((with sufficient members representing supervising agencies))
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) The department ((and supervising agencies)) shall have
authority to provide continued extended foster care services to youth
ages eighteen to twenty-one years to participate in or complete a
secondary education program or a secondary education equivalency
program.
(11) The department((, has)) shall have authority to provide
adoption support benefits, or relative guardianship subsidies on behalf
of youth ages eighteen to twenty-one years who achieved permanency
through adoption or a relative guardianship at age sixteen or older and
who meet the criteria described in subsection (10) of this section.
(12) The department shall 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.
(13) The department ((and supervising agencies)) shall 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 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.
(14) Within amounts appropriated for this specific purpose, the
((supervising agency or)) department shall provide preventive services
to families with children that prevent or shorten the duration of an
out-of-home placement.
(15) The department ((and supervising agencies)) shall 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.
(16) The department ((and supervising agencies)) shall 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 ((and supervising
agencies are)) 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.
(((18))) (17)(a) The department shall, within current funding
levels, place on its public web site 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 or other
suitable person, if appropriate; and
(v) Statutory preference for an out-of-home placement that allows
the child to remain in the same school or school district, if practical
and in the child's best interests.
(b) The document must be prepared in conjunction with a community-based organization and must be updated as needed.
Sec. 11 RCW 74.13.0311 and 2009 c 520 s 52 are each amended to
read as follows:
The department ((or supervising agencies)) may provide child
welfare services pursuant to a deferred prosecution plan ordered under
chapter 10.05 RCW. Child welfare services provided under this chapter
pursuant to a deferred prosecution order may not be construed to
prohibit the department ((or supervising agencies)) from providing
services or undertaking proceedings pursuant to chapter 13.34 or 26.44
RCW.
Sec. 12 RCW 74.13.036 and 2009 c 520 s 54 and 2009 c 518 s 5 are
each reenacted and amended to read as follows:
(1) The department shall oversee implementation of chapter 13.34
RCW and chapter 13.32A RCW. The oversight shall be comprised of
working with affected parts of the criminal justice and child care
systems as well as with local government, legislative, and executive
authorities to effectively carry out these chapters. The department
shall work with all such entities to ensure that chapters 13.32A and
13.34 RCW are implemented in a uniform manner throughout the state.
(2) The department shall develop a plan and procedures, in
cooperation with the statewide advisory committee, to insure the full
implementation of the provisions of chapter 13.32A RCW. Such plan and
procedures shall include but are not limited to:
(a) Procedures defining and delineating the role of the department
and juvenile court with regard to the execution of the child in need of
services placement process;
(b) Procedures for designating department ((or supervising agency))
staff responsible for family reconciliation services;
(c) Procedures assuring enforcement of contempt proceedings in
accordance with RCW 13.32A.170 and 13.32A.250; and
(d) Procedures for the continued education of all individuals in
the criminal juvenile justice and child care systems who are affected
by chapter 13.32A RCW, as well as members of the legislative and
executive branches of government.
There shall be uniform application of the procedures developed by
the department and juvenile court personnel, to the extent practicable.
Local and regional differences shall be taken into consideration in the
development of procedures required under this subsection.
(3) In addition to its other oversight duties, the department
shall:
(a) Identify and evaluate resource needs in each region of the
state;
(b) Disseminate information collected as part of the oversight
process to affected groups and the general public;
(c) Educate affected entities within the juvenile justice and child
care systems, local government, and the legislative branch regarding
the implementation of chapters 13.32A and 13.34 RCW;
(d) Review complaints concerning the services, policies, and
procedures of those entities charged with implementing chapters 13.32A
and 13.34 RCW; and
(e) Report any violations and misunderstandings regarding the
implementation of chapters 13.32A and 13.34 RCW.
Sec. 13 RCW 74.13.042 and 2009 c 520 s 56 are each amended to
read as follows:
If the department ((or supervising agency)) is denied lawful access
to records or information, or requested records or information is not
provided in a timely manner, the department ((or supervising agency))
may petition the court for an order compelling disclosure.
(1) The petition shall be filed in the juvenile court for the
county in which the record or information is located or the county in
which the person who is the subject of the record or information
resides. If the person who is the subject of the record or information
is a party to or the subject of a pending proceeding under chapter
13.32A or 13.34 RCW, the petition shall be filed in such proceeding.
(2) Except as otherwise provided in this section, the persons from
whom and about whom the record or information is sought shall be served
with a summons and a petition at least seven calendar days prior to a
hearing on the petition. The court may order disclosure upon ex parte
application of the department ((or supervising agency)), without prior
notice to any person, if the court finds there is reason to believe
access to the record or information is necessary to determine whether
the child is in imminent danger and in need of immediate protection.
(3) The court shall grant the petition upon a showing that there is
reason to believe that the record or information sought is necessary
for the health, safety, or welfare of the child who is currently
receiving child welfare services.
Sec. 14 RCW 74.13.045 and 2009 c 520 s 57 are each amended to
read as follows:
The department shall develop and implement an informal,
nonadversarial complaint resolution process to be used by clients of
the department ((or supervising agency)), foster parents, and other
affected individuals who have complaints regarding a department policy
or procedure, the application of such a policy or procedure, or the
performance of an entity that has entered into a performance-based
contract with the department, related to programs administered under
this chapter. The process shall not apply in circumstances where the
complainant has the right under Title 13, 26, or 74 RCW to seek
resolution of the complaint through judicial review or through an
adjudicative proceeding.
Nothing in this section shall be construed to create substantive or
procedural rights in any person. Participation in the complaint
resolution process shall not entitle any person to an adjudicative
proceeding under chapter 34.05 RCW or to superior court review.
Participation in the process shall not affect the right of any person
to seek other statutorily or constitutionally permitted remedies.
The department shall develop procedures to assure that clients and
foster parents are informed of the availability of the complaint
resolution process and how to access it. The department shall
incorporate information regarding the complaint resolution process into
the training for foster parents and department ((and supervising
agency)) caseworkers.
The department shall compile complaint resolution data including
the nature of the complaint and the outcome of the process.
Sec. 15 RCW 74.13.055 and 2009 c 520 s 58 are each amended to
read as follows:
The department shall adopt rules pursuant to chapter 34.05 RCW
which establish goals as to the maximum number of children who will
remain in foster care for a period of longer than twenty-four months.
((The department shall also work cooperatively with supervising
agencies to assure that a partnership plan for utilizing the resources
of the public and private sector in all matters pertaining to child
welfare is developed and implemented.))
Sec. 16 RCW 74.13.065 and 2009 c 520 s 60 are each amended to
read as follows:
(1) The department ((or supervising agency)) shall conduct a social
study whenever a child is placed in out-of-home care under the
supervision of the department ((or supervising agency)). The study
shall be conducted prior to placement, or, if it is not feasible to
conduct the study prior to placement due to the circumstances of the
case, the study shall be conducted as soon as possible following
placement.
(2) The social study shall include, but not be limited to, an
assessment of the following factors:
(a) The physical and emotional strengths and needs of the child;
(b) Emotional bonds with siblings and the need to maintain regular
sibling contacts;
(c) The proximity of the child's placement to the child's family to
aid reunification;
(d) The possibility of placement with the child's relatives or
extended family;
(e) The racial, ethnic, cultural, and religious background of the
child;
(f) The least-restrictive, most family-like placement reasonably
available and capable of meeting the child's needs; and
(g) Compliance with RCW 13.34.260 regarding parental preferences
for placement of their children.
Sec. 17 RCW 74.13.170 and 2009 c 520 s 70 are each amended to
read as follows:
The department may, through performance-based contracts ((with
supervising agencies)), implement a therapeutic family home program for
up to fifteen youth in the custody of the department under chapter
13.34 RCW. The program shall strive to develop and maintain a mutually
reinforcing relationship between the youth and the therapeutic staff
associated with the program.
Sec. 18 RCW 74.13.280 and 2009 c 520 s 72 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 supervising agency)), the
department ((or agency)) shall share information known to the
department ((or agency)) 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 supervising
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 and the child's family shall
include information known to the department ((or agency)) as to whether
the child is a sexually reactive child, has exhibited high-risk
behaviors, or is physically assaultive or physically aggressive, as
defined in this section.
(3) Information about the child shall also include information
known to the department ((or agency)) that the child:
(a) Has received a medical diagnosis of fetal alcohol syndrome or
fetal alcohol effect;
(b) Has been diagnosed by a qualified mental health professional as
having a mental health disorder;
(c) Has witnessed a death or substantial physical violence in the
past or recent past; or
(d) Was a victim of sexual or severe physical abuse in the recent
past.
(4) 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. Care providers shall agree in writing to keep the
information that they receive confidential and shall affirm that the
information will not be further disclosed or disseminated, except as
authorized by law.
(5) Nothing in this section shall be construed to limit the
authority of the department ((or supervising agencies)) to disclose
client information or to maintain client confidentiality as provided by
law.
(6) As used in this section:
(a) "Sexually reactive child" means a child who exhibits sexual
behavior problems including, but not limited to, sexual behaviors that
are developmentally inappropriate for their age or are harmful to the
child or others.
(b) "High-risk behavior" means an observed or reported and
documented history of one or more of the following:
(i) Suicide attempts or suicidal behavior or ideation;
(ii) Self-mutilation or similar self-destructive behavior;
(iii) Fire-setting or a developmentally inappropriate fascination
with fire;
(iv) Animal torture;
(v) Property destruction; or
(vi) Substance or alcohol abuse.
(c) "Physically assaultive or physically aggressive" means a child
who exhibits one or more of the following behaviors that are
developmentally inappropriate and harmful to the child or to others:
(i) Observed assaultive behavior;
(ii) Reported and documented history of the child willfully
assaulting or inflicting bodily harm; or
(iii) Attempting to assault or inflict bodily harm on other
children or adults under circumstances where the child has the apparent
ability or capability to carry out the attempted assaults including
threats to use a weapon.
Sec. 19 RCW 74.13.283 and 2009 c 520 s 73 are each amended to
read as follows:
(1) For the purpose of assisting foster youth in obtaining a
Washington state identicard, submission of the information and
materials listed in this subsection from the department ((or
supervising agency)) to the department of licensing is sufficient proof
of identity and residency and shall serve as the necessary
authorization for the youth to apply for and obtain a Washington state
identicard:
(a) A written signed statement prepared on department ((or
supervising agency)) letterhead, verifying the following:
(i) The youth is a minor who resides in Washington;
(ii) Pursuant to a court order, the youth is dependent and the
department ((or supervising agency)) is the legal custodian of the
youth under chapter 13.34 RCW or under the interstate compact on the
placement of children;
(iii) The youth's full name and date of birth;
(iv) The youth's social security number, if available;
(v) A brief physical description of the youth;
(vi) The appropriate address to be listed on the youth's
identicard; and
(vii) Contact information for the appropriate person with the
department ((or supervising agency)).
(b) A photograph of the youth, which may be digitized and
integrated into the statement.
(2) The department ((or supervising agency)) may provide the
statement and the photograph via any of the following methods,
whichever is most efficient or convenient:
(a) Delivered via first-class mail or electronically to the
headquarters office of the department of licensing; or
(b) Hand-delivered to a local office of the department of licensing
by a department ((or supervising agency)) caseworker.
(3) A copy of the statement shall be provided to the youth who
shall provide the copy to the department of licensing when making an
in-person application for a Washington state identicard.
(4) To the extent other identifying information is readily
available, the department ((or supervising agency)) shall include the
additional information with the submission of information required
under subsection (1) of this section.
Sec. 20 RCW 74.13.285 and 2009 c 520 s 74 are each amended to
read as follows:
(1) Within available resources, the department ((or supervising
agency)) shall prepare a passport containing all known and available
information concerning the mental, physical, health, and educational
status of the child for any child who has been in a foster home for
ninety consecutive days or more. The passport shall contain education
records obtained pursuant to RCW 28A.150.510. The passport shall be
provided to a foster parent at any placement of a child covered by this
section. The department ((or supervising agency)) shall update the
passport during the regularly scheduled court reviews required under
chapter 13.34 RCW.
New placements shall have first priority in the preparation of
passports.
(2) In addition to the requirements of subsection (1) of this
section, the department ((or supervising agency)) shall, within
available resources, notify a foster parent before placement of a child
of any known health conditions that pose a serious threat to the child
and any known behavioral history that presents a serious risk of harm
to the child or others.
(3) The department shall hold harmless the provider ((including
supervising agencies)) for any unauthorized disclosures caused by the
department.
(4) Any foster parent 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. Such individuals shall agree
in writing to keep the information that they receive confidential and
shall affirm that the information will not be further disclosed or
disseminated, except as authorized by law.
Sec. 21 RCW 74.13.289 and 2009 c 520 s 76 are each amended to
read as follows:
(1) Upon any placement, the department ((or supervising agency))
shall inform each out-of-home care provider if the child to be placed
in that provider's care is infected with a blood-borne pathogen, and
shall identify the specific blood-borne pathogen for which the child
was tested if known by the department ((or supervising agency)).
(2) All out-of-home care providers licensed by the department shall
receive training related to blood-borne pathogens, including
prevention, transmission, infection control, treatment, testing, and
confidentiality.
(3) Any disclosure of information related to HIV must be in
accordance with RCW 70.24.105.
(4) The department of health shall identify by rule the term
"blood-borne pathogen" as used in this section.
Sec. 22 RCW 74.13.300 and 2009 c 520 s 77 are each amended to
read as follows:
(1) Whenever a child has been placed in a foster family home by the
department ((or supervising agency)) and the child has thereafter
resided in the home for at least ninety consecutive days, the
department ((or supervising agency)) shall notify the foster family at
least five days prior to moving the child to another placement, unless:
(a) A court order has been entered requiring an immediate change in
placement;
(b) The child is being returned home;
(c) The child's safety is in jeopardy; or
(d) The child is residing in a receiving home or a group home.
(2) If the child has resided in a foster family home for less than
ninety days or if, due to one or more of the circumstances in
subsection (1) of this section, it is not possible to give five days'
notification, the department ((or supervising agency)) shall notify the
foster family of proposed placement changes as soon as reasonably
possible.
(3) This section is intended solely to assist in minimizing
disruption to the child in changing foster care placements. Nothing in
this section shall be construed to require that a court hearing be held
prior to changing a child's foster care placement nor to create any
substantive custody rights in the foster parents.
Sec. 23 RCW 74.13.310 and 2009 c 520 s 78 are each amended to
read as follows:
Adequate foster parent training has been identified as directly
associated with increasing the length of time foster parents are
willing to provide foster care and reducing the number of placement
disruptions for children. Placement disruptions can be harmful to
children by denying them consistent and nurturing support. Foster
parents have expressed the desire to receive training in addition to
the foster parent training currently offered. Foster parents who care
for more demanding children, such as children with severe emotional,
mental, or physical handicaps, would especially benefit from additional
training. The department ((and supervising agency)) shall develop
additional training for foster parents that focuses on skills to assist
foster parents in caring for emotionally, mentally, or physically
handicapped children.
Sec. 24 RCW 74.13.315 and 2009 c 520 s 79 are each amended to
read as follows:
The department ((or supervising agency)) may provide child care for
all foster parents who are required to attend department-sponsored ((or
supervising agency-sponsored)) meetings or training sessions. If the
department ((or supervising agency)) does not provide such child care,
the department ((or supervising agency)), where feasible, shall conduct
the activities covered by this section in the foster parent's home or
other location acceptable to the foster parent.
Sec. 25 RCW 74.13.325 and 2009 c 520 s 81 are each amended to
read as follows:
Within available resources, the department ((and supervising
agencies)) shall increase the number of adoptive and foster families
available to accept children through an intensive recruitment and
retention program. The department ((shall)) may enter into
performance-based contracts with ((supervising)) one or more private
agencies, under which the agencies will coordinate all foster care and
adoptive home recruitment activities.
Sec. 26 RCW 74.13.333 and 2009 c 520 s 82 and 2009 c 491 s 11 are
each reenacted and amended to read as follows:
(1) A foster parent who believes that a department ((or supervising
agency)) employee has retaliated against the foster parent or in any
other manner discriminated against the foster parent because:
(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, ((or the supervising agency,)) provided
information, or otherwise cooperated with the investigation of such a
complaint;
(b) The foster parent has caused to be instituted any proceedings
under or related to Title 13 RCW;
(c) The foster parent has testified or is about to testify in any
proceedings under or related to Title 13 RCW;
(d) The foster parent has advocated for services on behalf of the
foster child;
(e) The foster parent has sought to adopt a foster child in the
foster parent's care; or
(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 ((or
supervising agency)) and foster parents.
Sec. 27 RCW 74.13.334 and 2009 c 520 s 83 are each amended to
read as follows:
The department ((and supervising agency)) shall develop procedures
for responding to recommendations of the office of the family and
children's ombudsman as a result of any and all complaints filed by
foster parents under RCW 74.13.333.
Sec. 28 RCW 74.13.500 and 2009 c 520 s 84 are each amended to
read as follows:
(1) Consistent with the provisions of chapter 42.56 RCW and
applicable federal law, the secretary, or the secretary's designee,
shall disclose information regarding the abuse or neglect of a child,
the investigation of the abuse, neglect, or near fatality of a child,
and any services related to the abuse or neglect of a child if any one
of the following factors is present:
(a) The subject of the report has been charged in an accusatory
instrument with committing a crime related to a report maintained by
the department in its case and management information system;
(b) The investigation of the abuse or neglect of the child by the
department or the provision of services by the department ((or a
supervising agency)) has been publicly disclosed in a report required
to be disclosed in the course of their official duties, by a law
enforcement agency or official, a prosecuting attorney, any other state
or local investigative agency or official, or by a judge of the
superior court;
(c) There has been a prior knowing, voluntary public disclosure by
an individual concerning a report of child abuse or neglect in which
such individual is named as the subject of the report; or
(d) The child named in the report has died and the child's death
resulted from abuse or neglect or the child was in the care of, or
receiving services from the department ((or a supervising agency)) at
the time of death or within twelve months before death.
(2) The secretary is not required to disclose information if the
factors in subsection (1) of this section are present if he or she
specifically determines the disclosure is contrary to the best
interests of the child, the child's siblings, or other children in the
household.
(3) Except for cases in subsection (1)(d) of this section, requests
for information under this section shall specifically identify the case
about which information is sought and the facts that support a
determination that one of the factors specified in subsection (1) of
this section is present.
(4) For the purposes of this section, "near fatality" means an act
that, as certified by a physician, places the child in serious or
critical condition. The secretary is under no obligation to have an
act certified by a physician in order to comply with this section.
Sec. 29 RCW 74.13.515 and 2009 c 520 s 85 are each amended to
read as follows:
For purposes of RCW 74.13.500(1)(d), the secretary must make the
fullest possible disclosure consistent with chapter 42.56 RCW and
applicable federal law in cases of all fatalities of children who were
in the care of, or receiving services from, the department ((or a
supervising agency)) at the time of their death or within the twelve
months previous to their death.
If the secretary specifically determines that disclosure of the
name of the deceased child is contrary to the best interests of the
child's siblings or other children in the household, the secretary may
remove personally identifying information.
For the purposes of this section, "personally identifying
information" means the name, street address, social security number,
and day of birth of the child who died and of private persons who are
relatives of the child named in child welfare records. "Personally
identifying information" shall not include the month or year of birth
of the child who has died. Once this personally identifying
information is removed, the remainder of the records pertaining to a
child who has died must be released regardless of whether the remaining
facts in the records are embarrassing to the unidentifiable other
private parties or to identifiable public workers who handled the case.
Sec. 30 RCW 74.13.525 and 2009 c 520 s 86 are each amended to
read as follows:
The department ((or supervising agency)), when acting in good
faith, is immune from any criminal or civil liability, except as
provided under RCW 42.56.550, for any action taken under RCW 74.13.500
through 74.13.520.
Sec. 31 RCW 74.13.530 and 2009 c 520 s 87 are each amended to
read as follows:
(1) No child may be placed or remain in a specific out-of-home
placement under this chapter or chapter 13.34 RCW when there is a
conflict of interest on the part of any adult residing in the home in
which the child is to be or has been placed. A conflict of interest
exists when:
(a) There is an adult in the home who, as a result of: (i) His or
her employment; and (ii) an allegation of abuse or neglect of the
child, conducts or has conducted an investigation of the allegation; or
(b) The child has been, is, or is likely to be a witness in any
pending cause of action against any adult in the home when the cause
includes: (i) An allegation of abuse or neglect against the child or
any sibling of the child; or (ii) a claim of damages resulting from
wrongful interference with the parent-child relationship of the child
and his or her biological or adoptive parent.
(2) For purposes of this section, "investigation" means the
exercise of professional judgment in the review of allegations of abuse
or neglect by: (a) Law enforcement personnel; (b) persons employed by,
or under contract with, the state; (c) persons licensed to practice law
and their employees; and (d) mental health professionals as defined in
chapter 71.05 RCW.
(3) The prohibition set forth in subsection (1) of this section may
not be waived or deferred by the department ((or a supervising agency))
under any circumstance or at the request of any person, regardless of
who has made the request or the length of time of the requested
placement.
Sec. 32 RCW 74.13.560 and 2009 c 520 s 88 are each amended to
read as follows:
The administrative regions of the department ((and the supervising
agencies)) shall develop protocols with the respective school districts
in their regions specifying specific strategies for communication,
coordination, and collaboration regarding the status and progress of
foster children placed in the region, in order to maximize the
educational continuity and achievement for foster children. The
protocols shall include methods to assure effective sharing of
information consistent with RCW 28A.225.330.
Sec. 33 RCW 74.13.590 and 2009 c 520 s 89 are each amended to
read as follows:
The department ((and supervising agencies)) shall perform the tasks
provided in RCW 74.13.550 through 74.13.580 based on available
resources.
Sec. 34 RCW 74.13.600 and 2009 c 520 s 90 are each amended to
read as follows:
(1) For the purposes of this section, "kin" means persons eighteen
years of age or older to whom the child is related by blood, adoption,
or marriage, including marriages that have been dissolved, and means:
(a) Any person denoted by the prefix "grand" or "great"; (b) sibling,
whether full, half, or step; (c) uncle or aunt; (d) nephew or niece; or
(e) first cousin.
(2) The department ((and supervising agencies)) shall plan, design,
and implement strategies to prioritize the placement of children with
willing and able kin when out-of-home placement is required.
These strategies must include at least the following:
(a) Development of standardized, statewide procedures to be used
((by supervising agencies)) when searching for kin of children prior to
out-of-home placement. The procedures must include a requirement that
documentation be maintained in the child's case record that identifies
kin, and documentation that identifies the assessment criteria and
procedures that were followed during all kin searches. The procedures
must be used when a child is placed in out-of-home care under authority
of chapter 13.34 RCW, when a petition is filed under RCW 13.32A.140, or
when a child is placed under a voluntary placement agreement. To
assist with implementation of the procedures, the department ((or
supervising agencies)) shall request that the juvenile court require
parents to disclose to the agencies all contact information for
available and appropriate kin within two weeks of an entered order.
For placements under signed voluntary agreements, the department ((and
supervising agencies)) shall encourage the parents to disclose to the
department ((and agencies)) all contact information for available and
appropriate kin within two weeks of the date the parent signs the
voluntary placement agreement.
(b) Development of procedures for conducting active outreach
efforts to identify and locate kin during all searches. The procedures
must include at least the following elements:
(i) Reasonable efforts to interview known kin, friends, teachers,
and other identified community members who may have knowledge of the
child's kin, within sixty days of the child entering out-of-home care;
(ii) Increased use of those procedures determined by research to be
the most effective methods of promoting reunification efforts,
permanency planning, and placement decisions;
(iii) Contacts with kin identified through outreach efforts and
interviews under this subsection as part of permanency planning
activities and change of placement discussions;
(iv) Establishment of a process for ongoing contact with kin who
express interest in being considered as a placement resource for the
child; and
(v) A requirement that when the decision is made to not place the
child with any kin, the department ((or supervising agency)) provides
documentation as part of the child's individual service and safety plan
that clearly identifies the rationale for the decision and corrective
action or actions the kin must take to be considered as a viable
placement option.
(3) Nothing in this section shall be construed to create an
entitlement to services or to create judicial authority to order the
provision of services to any person or family if the services are
unavailable or unsuitable or the child or family is not eligible for
such services.
Sec. 35 RCW 74.13.640 and 2011 c 61 s 2 are each amended to read
as follows:
(1)(a) The department shall conduct a child fatality review in the
event of a fatality suspected to be caused by child abuse or neglect of
any minor who is in the care of the department ((or a supervising
agency)) or receiving services described in this chapter or who has
been in the care of the department ((or a supervising agency)) or
received services described in this chapter within one year preceding
the minor's death.
(b) The department shall consult with the office of the family and
children's ombudsman to determine if a child fatality review should be
conducted in any case in which it cannot be determined whether the
child's death is the result of suspected child abuse or neglect.
(c) The department shall ensure that the fatality review team is
made up of individuals who had no previous involvement in the case,
including individuals whose professional expertise is pertinent to the
dynamics of the case.
(d) Upon conclusion of a child fatality review required pursuant to
this section, the department shall within one hundred eighty days
following the fatality issue a report on the results of the review,
unless an extension has been granted by the governor. Reports must be
distributed to the appropriate committees of the legislature, and the
department shall create a public web site where all child fatality
review reports required under this section must be posted and
maintained. A child fatality review report completed pursuant to this
section is subject to public disclosure and must be posted on the
public web site, except that confidential information may be redacted
by the department consistent with the requirements of RCW 13.50.100,
68.50.105, 74.13.500 through 74.13.525, chapter 42.56 RCW, and other
applicable state and federal laws.
(e) The department shall develop and implement procedures to carry
out the requirements of this section.
(2) In the event of a near fatality of a child who is in the care
of or receiving services described in this chapter from the department
((or a supervising agency)) or who has been in the care of or received
services described in this chapter from the department ((or a
supervising agency)) within one year preceding the near fatality, the
department shall promptly notify the office of the family and
children's ombudsman. The department may conduct a review of the near
fatality at its discretion or at the request of the office of the
family and children's ombudsman.
(3) ((In any review of a child fatality or near fatality in which
the child was placed with or received services from a supervising
agency pursuant to a contract with the department, the department and
the fatality review team shall have access to all records and files
regarding the child or otherwise relevant to the review that have been
produced or retained by the supervising agency.))(a) A child fatality or near fatality review completed
pursuant to this section is subject to discovery in a civil or
administrative proceeding, but may not be admitted into evidence or
otherwise used in a civil or administrative proceeding except pursuant
to this section.
(4)
(b) A department employee responsible for conducting a child
fatality or near fatality review, or member of a child fatality or near
fatality review team, may not be examined in a civil or administrative
proceeding regarding (i) the work of the child fatality or near
fatality review team, (ii) the incident under review, (iii) his or her
statements, deliberations, thoughts, analyses, or impressions relating
to the work of the child fatality or near fatality review team or the
incident under review, or (iv) the statements, deliberations, thoughts,
analyses, or impressions of any other member of the child fatality or
near fatality review team, or any person who provided information to
the child fatality or near fatality review team, relating to the work
of the child fatality or near fatality review team or the incident
under review.
(c) Documents prepared by or for a child fatality or near fatality
review team are inadmissible and may not be used in a civil or
administrative proceeding, except that any document that exists before
its use or consideration in a child fatality or near fatality review,
or that is created independently of such review, does not become
inadmissible merely because it is reviewed or used by a child fatality
or near fatality review team. A person is not unavailable as a witness
merely because the person has been interviewed by or has provided a
statement for a child fatality or near fatality review, but if called
as a witness, a person may not be examined regarding the person's
interactions with the child fatality or near fatality review including,
without limitation, whether the person was interviewed during such
review, the questions that were asked during such review, and the
answers that the person provided during such review. This section may
not be construed as restricting the person from testifying fully in any
proceeding regarding his or her knowledge of the incident under review.
(d) The restrictions set forth in this section do not apply in a
licensing or disciplinary proceeding arising from an agency's effort to
revoke or suspend the license of any licensed professional based in
whole or in part upon allegations of wrongdoing in connection with a
minor's death or near fatality reviewed by a child fatality or near
fatality review team.
Sec. 36 RCW 74.13.650 and 2009 c 520 s 92 are each amended to
read as follows:
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, as defined in RCW 74.13.280. Services shall consist of
short-term therapeutic and educational interventions to support the
stability of the placement. The department shall enter into
performance-based contracts with ((supervising)) private agencies to
provide this program.
Sec. 37 RCW 13.34.030 and 2011 1st sp.s. c 36 s 13 are each
reenacted and amended to read as follows:
For purposes of this chapter:
(1) "Abandoned" means when the child's parent, guardian, or other
custodian has expressed, either by statement or conduct, an intent to
forego, for an extended period, parental rights or responsibilities
despite an ability to exercise such rights and responsibilities. If
the court finds that the petitioner has exercised due diligence in
attempting to locate the parent, no contact between the child and the
child's parent, guardian, or other custodian for a period of three
months creates a rebuttable presumption of abandonment, even if there
is no expressed intent to abandon.
(2) "Child," "juvenile," and "youth" means:
(a) Any individual under the age of eighteen years; or
(b) Any individual age eighteen to twenty-one years who is eligible
to receive and who elects to receive the extended foster care services
authorized under RCW 74.13.031. A youth who remains dependent and who
receives extended foster care services under RCW 74.13.031 shall not be
considered a "child" under any other statute or for any other purpose.
(3) "Current placement episode" means the period of time that
begins with the most recent date that the child was removed from the
home of the parent, guardian, or legal custodian for purposes of
placement in out-of-home care and continues until: (a) The child
returns home; (b) an adoption decree, a permanent custody order, or
guardianship order is entered; or (c) the dependency is dismissed,
whichever occurs first.
(4) "Department" means the department of social and health
services.
(5) "Dependency guardian" means the person, nonprofit corporation,
or Indian tribe appointed by the court pursuant to this chapter for the
limited purpose of assisting the court in the supervision of the
dependency.
(6) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44 RCW by a
person legally responsible for the care of the child;
(c) Has no parent, guardian, or custodian capable of adequately
caring for the child, such that the child is in circumstances which
constitute a danger of substantial damage to the child's psychological
or physical development; or
(d) Is receiving extended foster care services, as authorized by
RCW 74.13.031.
(7) "Developmental disability" means a disability attributable to
intellectual disability, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the secretary
to be closely related to an intellectual disability or to require
treatment similar to that required for individuals with intellectual
disabilities, which disability originates before the individual attains
age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial limitation to the
individual.
(8) "Extended foster care services" means residential and other
support services the department is authorized to provide under RCW
74.13.031.
(9) "Guardian" means the person or agency that: (a) Has been
appointed as the guardian of a child in a legal proceeding, including
a guardian appointed pursuant to chapter 13.36 RCW; and (b) has the
legal right to custody of the child pursuant to such appointment. The
term "guardian" does not include a "dependency guardian" appointed
pursuant to a proceeding under this chapter.
(10) "Guardian ad litem" means a person, appointed by the court to
represent the best interests of a child in a proceeding under this
chapter, or in any matter which may be consolidated with a proceeding
under this chapter. A "court-appointed special advocate" appointed by
the court to be the guardian ad litem for the child, or to perform
substantially the same duties and functions as a guardian ad litem,
shall be deemed to be guardian ad litem for all purposes and uses of
this chapter.
(11) "Guardian ad litem program" means a court-authorized volunteer
program, which is or may be established by the superior court of the
county in which such proceeding is filed, to manage all aspects of
volunteer guardian ad litem representation for children alleged or
found to be dependent. Such management shall include but is not
limited to: Recruitment, screening, training, supervision, assignment,
and discharge of volunteers.
(12) "Housing assistance" means appropriate referrals by the
department ((or other supervising agencies)) to federal, state, local,
or private agencies or organizations, assistance with forms,
applications, or financial subsidies or other monetary assistance for
housing. For purposes of this chapter, "housing assistance" is not a
remedial service or time-limited family reunification service as
described in RCW 13.34.025(2).
(13) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public assistance:
Temporary assistance for needy families, aged, blind, or disabled
assistance benefits, medical care services under RCW 74.09.035,
pregnant women assistance benefits, poverty-related veterans' benefits,
food stamps or food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter
before the court because his or her available funds are insufficient to
pay any amount for the retention of counsel.
(14) "Out-of-home care" means placement in a foster family home or
group care facility licensed pursuant to chapter 74.15 RCW or placement
in a home, other than that of the child's parent, guardian, or legal
custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(15) "Preventive services" means preservation services, as defined
in chapter 74.14C RCW, and other reasonably available services,
including housing assistance, capable of preventing the need for out-of-home placement while protecting the child.
(16) "Shelter care" means temporary physical care in a facility
licensed pursuant to RCW 74.15.030 or in a home not required to be
licensed pursuant to RCW 74.15.030.
(17) "Sibling" means a child's birth brother, birth sister,
adoptive brother, adoptive sister, half-brother, or half-sister, or as
defined by the law or custom of the Indian child's tribe for an Indian
child as defined in RCW 13.38.040.
(18) "Social study" means a written evaluation of matters relevant
to the disposition of the case and shall contain the following
information:
(a) A statement of the specific harm or harms to the child that
intervention is designed to alleviate;
(b) A description of the specific services and activities, for both
the parents and child, that are needed in order to prevent serious harm
to the child; the reasons why such services and activities are likely
to be useful; the availability of any proposed services; and the
agency's overall plan for ensuring that the services will be delivered.
The description shall identify the services chosen and approved by the
parent;
(c) If removal is recommended, a full description of the reasons
why the child cannot be protected adequately in the home, including a
description of any previous efforts to work with the parents and the
child in the home; the in-home treatment programs that have been
considered and rejected; the preventive services, including housing
assistance, that 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 the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a
result of removal;
(e) A description of the steps that will be taken to minimize the
harm to the child that may result if separation occurs including an
assessment of the child's relationship and emotional bond with any
siblings, and the agency's plan to provide ongoing contact between the
child and the child's siblings if appropriate; and
(f) Behavior that will be expected before determination that
supervision of the family or placement is no longer necessary.
(((19) "Supervising agency" means an agency licensed by the state
under RCW 74.15.090, or licensed by a federally recognized Indian tribe
located in this state under RCW 74.15.190, that has entered into a
performance-based contract with the department to provide case
management for the delivery and documentation of child welfare services
as defined in RCW 74.13.020.))
Sec. 38 RCW 13.36.020 and 2010 c 272 s 2 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Child" means any individual under the age of eighteen years.
(2) "Department" means the department of social and health
services.
(3) "Dependent child" means a child who has been found by a court
to be dependent in a proceeding under chapter 13.34 RCW.
(4) "Guardian" means a person who: (a) Has been appointed by the
court as the guardian of a child in a legal proceeding under this
chapter; and (b) has the legal right to custody of the child pursuant
to court order. The term "guardian" does not include a "dependency
guardian" appointed pursuant to a proceeding under chapter 13.34 RCW
for the purpose of assisting the court in supervising the dependency.
(5) "Relative" means a person related to the child in the following
ways: (a) Any blood relative, including those of half-blood, and
including first cousins, second cousins, nephews or nieces, and persons
of preceding generations as denoted by prefixes of grand, great, or
great-great; (b) stepfather, stepmother, stepbrother, and stepsister;
(c) a person who legally adopts a child or the child's parent as well
as the natural and other legally adopted children of such persons, and
other relatives of the adoptive parents in accordance with state law;
(d) spouses of any persons named in (a), (b), or (c) of this
subsection, even after the marriage is terminated; (e) relatives, as
named in (a), (b), (c), or (d) of this subsection, of any half sibling
of the child; or (f) extended family members, as defined by the law or
custom of the Indian child's tribe or, in the absence of such law or
custom, a person who has reached the age of eighteen and who is the
Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or
stepparent who provides care in the family abode on a twenty-four hour
basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(6) "Suitable person" means a nonrelative with whom the child or
the child's family has a preexisting relationship; who has completed
all required criminal history background checks and otherwise appears
to be suitable and competent to provide care for the child; and with
whom the child has been placed pursuant to RCW 13.34.130.
(((7) "Supervising agency" means an agency licensed by the state
under RCW 74.15.090, or licensed by a federally recognized Indian tribe
located in this state under RCW 74.15.190, that has entered into a
performance-based contract with the department to provide case
management for the delivery and documentation of child welfare services
as defined in RCW 74.13.020.))
NEW SECTION. Sec. 39 The following acts or parts of acts are
each repealed:
(1) RCW 74.13.360 (Performance-based contracts -- Child welfare
demonstration sites -- Department duties -- Contracts with tribes) and 2010
c 291 s 4 & 2009 c 520 s 3;
(2) RCW 74.13.362 (Performance-based contracts -- Legislative
mandate) and 2009 c 520 s 4;
(3) RCW 74.13.364 (Performance-based contracts -- State
authority--Selection of demonstration sites) and 2010 c 291 s 5 & 2009
c 520 s 5;
(4) RCW 74.13.368 (Performance-based contracts -- Child welfare
transformation design committee) and 2010 c 291 s 2 & 2009 c 520 s 8;
and
(5) RCW 74.13.372 (Performance-based contracts -- Determination of
expansion of delivery of child welfare services by contractors--Governor's duty) and 2009 c 520 s 10."
Correct the title.
EFFECT: Removes the finding that the Department of Social and
Health Services (DSHS) caseworkers should have more time to devote to
core case management responsibilities.
Modifies the definition of case management by: (1) Removing
collaboration with network administrators, and (2) adding coordinating
and monitoring services needed by the child and family.
Removes the legislature's express mandate for DSHS to contract with
network administrators (NA) to arrange and coordinate services needed
by children and families in the child welfare system.
Specifies that if the DSHS includes services customarily and
historically performed by the DSHS employees in the classified services
in a procurement for network administrators that exceeds the scope of
services or activities specified in this act, then such contracting is
not specifically mandated and must be subject to all applicable
contractual and legal obligations.
Removes the requirement for the DSHS to enter into performance-based
contracts (PBC) with one or more NA in two initial sites by July 1,
2013.
Requires the DSHS to enter into PBC for the provision of family support
and related services by December 1, 2013. The DSHS is authorized to
enter into PBC for additional services, other than case management, in
future procurements.
Extends the date by which the DSHS may not renew its current contracts
with individuals or entities for the provision of child welfare
services included in PBC from July 1, 2013, to December 1, 2013.
Clarifies that the DSHS shall conduct a procurement process to enter
into PBC with one or more NA for family support and related services,
and provides that:
(1) As part of the procurement, the DSHS must consult with
specified stakeholders to assist in identifying the array of family
support and related services that must be included in the procurement.
(2) The DSHS must review current data and research related to the
effectiveness of family support and related services, and must
prioritize those services that are most critical to the mitigation of
child safety concerns and that are evidenced-based or research-based.
(3) Expenditures for family support and related services must
remain within amounts appropriated in the operating budget.
Modifies NA duties by:
(1) Removing the requirement to:
(a) Collaborate with caseworkers;
(b) Arrange child welfare services;
(c) Coordinate services in the case plans; and
(d) Provide information on family progress as requested by
caseworkers.
(2) Adding the requirement to:
(a) Provide family and support and related services in a child or
family's case plan or individual service and safety plan, within funds
available under contract; and
(b) Assist caseworkers in meeting their responsibility for
implementation of case plans and individual service and safety plans.
Modifies standards and requirements for the procurement by:
(1) Clarifying that family engagement approaches to successfully
motivate families to engage in services and training of the network's
contracted provider to apply such approaches must be included in the
procurement and resulting contracts;
(2) Adding that NA data reporting, including data on contracted
provider performance and service outcomes must be included in the
procurement and resulting contracts; and
(3) Clarifying that the DSHS must not transfer financial risk for
the provision of services to NA for the initial 3-year implementation
period.
Specifies that service providers must be chosen by the DSHS caseworker
from among those in the NA's provider network.
(1) Provides that criteria for provider selection must include
geographic proximity of the provider to the child or family, and the
performance of the provider based upon data collected and provided by
the NA; and
(2) Clarifies that if a reasonably qualified provider is not
available through the network, then at the request of the caseworker,
a provider who is not under contract with the NA may be offered a
provisional contract.
Modifies the DSHS' requirement to develop a dispute resolution process.
Provides that the dispute resolution process must be used when the NA
disagrees with the DSHS caseworker's choice of a service provider due
to the service provider's performance history or ability to serve
culturally diverse families. The mediator or decision maker must be a
neutral employee of the department who has not been previously involved
in the case.
Requires the DSHS and NA to collaborate to identify and respond to
patterns or trends in service utilization that may indicate
overutilization or underutilization of family support and related
services, or may indicate a need to enhance service capacity.
Adds that on an annual basis, beginning in the 2015-2017 biennium, the
DSHS and NA must:
(1) Review and update the services offered through PBC;
(2) Review service utilization and outcome data to determine
changes needed; and
(3) Consult with a variety of specified stakeholder when conducting
the annual review.
Extends the date by which the Washington State Institute for Public
Policy (WSIPP) must provide its initial report on the DSHS' conversion
to PBC from June 30, 2014, to December 1, 2014.
Modifies the definition of evidence-based in chapter 74.13 RCW to mean
a program or practice that is cost-effective and includes at least two
randomized or statistically controlled evaluations that have
demonstrated improved outcomes for its intended population.