BILL REQ. #: H-2030.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to shared parenting and out-of-home placement program; adding a new chapter to Title 71A RCW; and repealing RCW 74.13.350.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes that parents are
responsible for the care and support of their children with
developmental disabilities. The legislature also recognizes that, in
some cases, the intense support required to care for a child with
developmental disabilities may cause undue caregiver stress and
burnout, causing the family to request an out-of-home placement.
It is the intent of the legislature that, when the sole reason for
the out-of-home placement is the child's developmental disability, such
services be offered by the department to these children and their
families through a shared parenting placement agreement, under which
the parents retain legal custody of the child.
The legislature intends that out-of-home services assisting
children with disabilities and their families should be available in
the most integrated setting appropriate to individual needs, consistent
with the mandate of the Americans with disabilities act and the
regulations adopted thereto, as interpreted by the United States
supreme court in Olmstead v. L.C., 527 U.S. 581 (1999).
It is the intent of the legislature that if a child with
developmental disabilities is placed out of his or her family home, the
placement be accomplished through the use of a shared parenting
placement agreement, unless the child is in foster care under chapter
13.34 or 26.44 RCW.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Child" means a person age twenty-one years or younger who has
intellectual or developmental disabilities and is eligible for services
under Title 71A RCW.
(2) "Department" means the department of social and health
services.
(3) "Developmental disability assessment" means an annual
assessment administered to clients of the department who are eligible
and receiving services under Title 71A RCW.
(4) "Out-of-home placement" and "out-of-home care" means the
placement of a child in a foster family home or group care facility
licensed under chapter 74.15 RCW, a certified resident program under
Title 71A RCW, or a residential habilitation center.
(5) "Shared parenting placement agreement" means a written
agreement between a child's parent or legal guardian and the department
authorizing the department to place the child in a licensed or
certified facility or program.
NEW SECTION. Sec. 3 (1) The department may undertake a shared
parenting placement agreement in cases where the child's developmental
disability is such that the parent, guardian, or legal custodian is
unable to provide the necessary care for the child, and the parent,
guardian, or legal custodian has determined that the child would
benefit from placement outside of the home. Under the terms of a
shared parenting placement agreement, the parent or legal guardian
retains legal custody of the child. The parent or legal guardian shall
share parenting responsibilities as outlined in the shared parenting
placement agreement.
(2) The shared parenting placement agreement must, at a minimum,
specify the legal status of the child, the rights and obligations of
the parent or legal guardian, and the rights and obligations of the
department while the child is in placement.
(3) The agreement must be signed by the child's parent or legal
guardian and the department in order to take effect. Any party to a
shared parenting placement agreement may terminate the agreement at any
time.
NEW SECTION. Sec. 4 (1) Subject to the availability of amounts
appropriated for this specific purpose, out-of-home placements may be
accomplished through the use of a shared parenting placement agreement
that describes the out-of-home residential services that provide for
the child's health and safety.
(2) If, during the time that a shared parenting placement agreement
is in place, a child is transferred from a least restrictive
environment to a more restrictive environment, a planning team, within
ten days of placement, shall develop a transition plan to a less
restrictive environment that meets the needs of the child.
(3) Before the placement is made the department shall notify the
local school district that the child is being placed within its
jurisdiction.
NEW SECTION. Sec. 5 The department shall adopt rules necessary
to implement this chapter.
NEW SECTION. Sec. 6 RCW 74.13.350 (Children with developmental
disabilities -- Out-of-home placement -- Voluntary placement agreement) and
2004 c 183 s 4, 1998 c 229 s 1, & 1997 c 386 s 16 are each repealed.
NEW SECTION. Sec. 7 Sections 1 through 5 of this act constitute
a new chapter in Title