BILL REQ. #: H-4091.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to the use of evidence-based practices for the delivery of services to children and juveniles; amending RCW 13.40.020 and 71.24.025; reenacting and amending RCW 74.13.020; adding a new section to chapter 13.40 RCW; adding a new section to chapter 71.24 RCW; adding a new section to chapter 74.13 RCW; adding new sections to chapter 43.20A RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature recognizes that the use
of evidence-based practices plays a very important role in the delivery
of services to children and juveniles. Especially in times of
diminished resources, it is critical to fund practices which are known
to provide desired outcomes rather than continue to expend moneys on
programs that may be familiar but less effective.
(2) Evidence-based practices or programs are those that are
cost-effective and include at least two randomized or statistically
controlled evaluations demonstrating that the program or practice is
effective in obtaining improved outcomes for its intended population.
(3) The legislature intends that prevention and intervention
services delivered to children and juveniles in the areas of mental
health, child welfare, and juvenile justice must be primarily evidence-based, and it is anticipated that such services will be provided in a
manner that is culturally competent.
(4) The legislature also acknowledges that the availability of
evidence-based practices in each of the areas of mental health, child
welfare, juvenile justice, and in different geographic areas of the
state may vary. Thus, it would be unwise to require one hundred
percent use of evidence-based practices. It is the intention of the
legislature to require a graduated approach for each of these areas,
the use of emerging best practices or promising practices, rather than
evidence-based practices, is also necessary to the graduated goals of
increasing the number of evidence-based practices.
(5) It is the intent of the legislature that the department of
social and health services will ensure that an expansion of the use of
evidence-based practices be accomplished using existing resources by
coordinating the purchase of evidence-based services, the development
of a trained workforce and the implementation of a system of care that
supports evidence-based practices by the juvenile rehabilitation
administration, the division of behavioral health and recovery
services, and the children's administration.
(6) It is the intent of the legislature that agencies that provide
children's mental health and child welfare services and services within
the juvenile justice system must meet their goals regarding the use of
evidence-based practices in contracted programs within six years.
(7) The legislature recognizes that in order to effectively provide
evidence-based practices, contractors must have a workforce trained in
these programs, and there must be an evaluation of the outcomes from
their use.
Sec. 2 RCW 13.40.020 and 2010 c 181 s 10 are each amended to read
as follows:
For the purposes of this chapter:
(1) "Community-based rehabilitation" means one or more of the
following: Employment; attendance of information classes; literacy
classes; counseling, outpatient substance abuse treatment programs,
outpatient mental health programs, anger management classes, education
or outpatient treatment programs to prevent animal cruelty, or other
services; or attendance at school or other educational programs
appropriate for the juvenile as determined by the school district.
Placement in community-based rehabilitation programs is subject to
available funds;
(2) "Community-based sanctions" may include one or more of the
following:
(a) A fine, not to exceed five hundred dollars;
(b) Community restitution not to exceed one hundred fifty hours of
community restitution;
(3) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender as punishment for committing an offense. Community
restitution may be performed through public or private organizations or
through work crews;
(4) "Community supervision" means an order of disposition by the
court of an adjudicated youth not committed to the department or an
order granting a deferred disposition. A community supervision order
for a single offense may be for a period of up to two years for a sex
offense as defined by RCW 9.94A.030 and up to one year for other
offenses. As a mandatory condition of any term of community
supervision, the court shall order the juvenile to refrain from
committing new offenses. As a mandatory condition of community
supervision, the court shall order the juvenile to comply with the
mandatory school attendance provisions of chapter 28A.225 RCW and to
inform the school of the existence of this requirement. Community
supervision is an individualized program comprised of one or more of
the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the department of
social and health services in a facility operated by or pursuant to a
contract with the state, or physical custody in a detention facility
operated by or pursuant to a contract with any county. The county may
operate or contract with vendors to operate county detention
facilities. The department may operate or contract to operate
detention facilities for juveniles committed to the department.
Pretrial confinement or confinement of less than thirty-one days
imposed as part of a disposition or modification order may be served
consecutively or intermittently, in the discretion of the court;
(6) "Court," when used without further qualification, means the
juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints against the
respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent
is convicted of two or more charges arising out of the same course of
conduct, only the highest charge from among these shall count as an
offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to
the provisions of this chapter on agreement of the respondent and after
an advisement to the respondent that the criminal complaint would be
considered as part of the respondent's criminal history. A
successfully completed deferred adjudication that was entered before
July 1, 1998, or a deferred disposition shall not be considered part of
the respondent's criminal history;
(8) "Department" means the department of social and health
services;
(9) "Detention facility" means a county facility, paid for by the
county, for the physical confinement of a juvenile alleged to have
committed an offense or an adjudicated offender subject to a
disposition or modification order. "Detention facility" includes
county group homes, inpatient substance abuse programs, juvenile basic
training camps, and electronic monitoring;
(10) "Diversion unit" means any probation counselor who enters into
a diversion agreement with an alleged youthful offender, or any other
person, community accountability board, youth court under the
supervision of the juvenile court, or other entity except a law
enforcement official or entity, with whom the juvenile court
administrator has contracted to arrange and supervise such agreements
pursuant to RCW 13.40.080, or any person, community accountability
board, or other entity specially funded by the legislature to arrange
and supervise diversion agreements in accordance with the requirements
of this chapter. For purposes of this subsection, "community
accountability board" means a board comprised of members of the local
community in which the juvenile offender resides. The superior court
shall appoint the members. The boards shall consist of at least three
and not more than seven members. If possible, the board should include
a variety of representatives from the community, such as a law
enforcement officer, teacher or school administrator, high school
student, parent, and business owner, and should represent the cultural
diversity of the local community;
(11) "Foster care" means temporary physical care in a foster family
home or group care facility as defined in RCW 74.15.020 and licensed by
the department, or other legally authorized care;
(12) "Institution" means a juvenile facility established pursuant
to chapters 72.05 and 72.16 through 72.20 RCW;
(13) "Intensive supervision program" means a parole program that
requires intensive supervision and monitoring, offers an array of
individualized treatment and transitional services, and emphasizes
community involvement and support in order to reduce the likelihood a
juvenile offender will commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is
under the chronological age of eighteen years and who has not been
previously transferred to adult court pursuant to RCW 13.40.110, unless
the individual was convicted of a lesser charge or acquitted of the
charge for which he or she was previously transferred pursuant to RCW
13.40.110 or who is not otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by
the juvenile court to have committed an offense, including a person
eighteen years of age or older over whom jurisdiction has been extended
under RCW 13.40.300;
(16) "Labor" means the period of time before a birth during which
contractions are of sufficient frequency, intensity, and duration to
bring about effacement and progressive dilation of the cervix;
(17) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c)
0-150 hours of community restitution; or (d) $0-$500 fine;
(18) "Manifest injustice" means a disposition that would either
impose an excessive penalty on the juvenile or would impose a serious,
and clear danger to society in light of the purposes of this chapter;
(19) "Monitoring and reporting requirements" means one or more of
the following: Curfews; requirements to remain at home, school, work,
or court-ordered treatment programs during specified hours;
restrictions from leaving or entering specified geographical areas;
requirements to report to the probation officer as directed and to
remain under the probation officer's supervision; and other conditions
or limitations as the court may require which may not include
confinement;
(20) "Offense" means an act designated a violation or a crime if
committed by an adult under the law of this state, under any ordinance
of any city or county of this state, under any federal law, or under
the law of another state if the act occurred in that state;
(21) "Physical restraint" means the use of any bodily force or
physical intervention to control a juvenile offender or limit a
juvenile offender's freedom of movement in a way that does not involve
a mechanical restraint. Physical restraint does not include momentary
periods of minimal physical restriction by direct person-to-person
contact, without the aid of mechanical restraint, accomplished with
limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would
result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave
the area voluntarily; or
(c) Guide a juvenile offender from one location to another;
(22) "Postpartum recovery" means (a) the entire period a woman or
youth is in the hospital, birthing center, or clinic after giving birth
and (b) an additional time period, if any, a treating physician
determines is necessary for healing after the youth leaves the
hospital, birthing center, or clinic;
(23) "Probation bond" means a bond, posted with sufficient security
by a surety justified and approved by the court, to secure the
offender's appearance at required court proceedings and compliance with
court-ordered community supervision or conditions of release ordered
pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of
cash or posting of other collateral in lieu of a bond if approved by
the court;
(24) "Respondent" means a juvenile who is alleged or proven to have
committed an offense;
(25) "Restitution" means financial reimbursement by the offender to
the victim, and shall be limited to easily ascertainable damages for
injury to or loss of property, actual expenses incurred for medical
treatment for physical injury to persons, lost wages resulting from
physical injury, and costs of the victim's counseling reasonably
related to the offense. Restitution shall not include reimbursement
for damages for mental anguish, pain and suffering, or other intangible
losses. Nothing in this chapter shall limit or replace civil remedies
or defenses available to the victim or offender;
(26) "Restraints" means anything used to control the movement of a
person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal
handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons;
(27) "Secretary" means the secretary of the department of social
and health services. "Assistant secretary" means the assistant
secretary for juvenile rehabilitation for the department;
(28) "Services" means services which provide alternatives to
incarceration for those juveniles who have pleaded or been adjudicated
guilty of an offense or have signed a diversion agreement pursuant to
this chapter;
(29) "Sex offense" means an offense defined as a sex offense in RCW
9.94A.030;
(30) "Sexual motivation" means that one of the purposes for which
the respondent committed the offense was for the purpose of his or her
sexual gratification;
(31) "Surety" means an entity licensed under state insurance laws
or by the state department of licensing, to write corporate, property,
or probation bonds within the state, and justified and approved by the
superior court of the county having jurisdiction of the case;
(32) "Transportation" means the conveying, by any means, of an
incarcerated pregnant youth from the institution or detention facility
to another location from the moment she leaves the institution or
detention facility to the time of arrival at the other location, and
includes the escorting of the pregnant incarcerated youth from the
institution or detention facility to a transport vehicle and from the
vehicle to the other location;
(33) "Violation" means an act or omission, which if committed by an
adult, must be proven beyond a reasonable doubt, and is punishable by
sanctions which do not include incarceration;
(34) "Violent offense" means a violent offense as defined in RCW
9.94A.030;
(35) "Youth court" means a diversion unit under the supervision of
the juvenile court;
(36) "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.
(37) "Prevention and treatment services" means services and
programs for children and youth and their families that are
specifically directed to address behaviors and circumstances that have
resulted or may result in truancy, abuse or neglect, out-of-home
placements, chemical dependency, substance abuse, sexual
aggressiveness, or mental or emotional disorders.
NEW SECTION. Sec. 3 A new section is added to chapter 13.40 RCW
to read as follows:
(1) The department, and any other state agency that administers
funds related to juvenile offenders, shall, in accordance with the
graduated requirements of subsection (3) of this section:
(a) Expend state funds on prevention and treatment programs for
juvenile offenders that are evidence-based, as identified by the
Washington state institute of public policy, in consultation with a
university-based evidence-based practice entity in Washington state;
and
(b) In consultation with the Washington state institute for public
policy and the University of Washington evidence-based practice
institute, initiate or continue the review of sound, promising, and
research-based practices with the goal of identifying and expanding the
number and type of available evidence-based programs that are cost-beneficial and effective at reducing criminal recidivism of the program
participants.
(2) When necessary to meet the requirements of subsection (3) of
this section, the department shall include in its contracts with
providers of prevention and treatment for juvenile offenders a
provision affirming that the provider shall provide evidence-based
services, that the services must be provided by staff who are trained
in providing evidence-based services, and that the services must be
accompanied by monitoring and quality control procedures that ensure
that they are delivered according to the applicable standards. The
department may use performance requirements or incentives in
determining the amounts payable in contracts or grants.
(3)(a) In order to prevent undue disturbance to existing department
programs, the department shall ensure that: (i) No less than sixty
percent of the funds expended for prevention and treatment services to
juvenile offenders meet the requirements of this section during fiscal
years 2014 and 2015; (ii) no less than sixty-five percent of the funds
expended meet the requirements of this section during fiscal years 2016
and 2017; and (iii) no less than seventy-five percent of the funds
expended meet the requirements of this section during fiscal years 2018
and 2019.
(b) The determination of the amount of funds expended for evidence-based prevention and treatment services must include program costs
necessary to directly implement evidence-based programs, including
discrete staffing and training costs which would not have been incurred
but for implementation of an evidence-based program. Funds expended
for indirect administrative costs may not be included in the
determination of amounts expended for evidence-based services.
Sec. 4 RCW 71.24.025 and 2008 c 261 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Acutely mentally ill" means a condition which is limited to a
short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020 or, in the case
of a child, as defined in RCW 71.34.020;
(b) Being gravely disabled as defined in RCW 71.05.020 or, in the
case of a child, a gravely disabled minor as defined in RCW 71.34.020;
or
(c) Presenting a likelihood of serious harm as defined in RCW
71.05.020 or, in the case of a child, as defined in RCW 71.34.020.
(2) "Available resources" means funds appropriated for the purpose
of providing community mental health programs, federal funds, except
those provided according to Title XIX of the Social Security Act, and
state funds appropriated under this chapter or chapter 71.05 RCW by the
legislature during any biennium for the purpose of providing
residential services, resource management services, community support
services, and other mental health services. This does not include
funds appropriated for the purpose of operating and administering the
state psychiatric hospitals.
(3) "Child" means a person under the age of eighteen years.
(4) "Chronically mentally ill adult" or "adult who is chronically
mentally ill" means an adult who has a mental disorder and meets at
least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a
mental disorder within the preceding two years; or
(b) Has experienced a continuous psychiatric hospitalization or
residential treatment exceeding six months' duration within the
preceding year; or
(c) Has been unable to engage in any substantial gainful activity
by reason of any mental disorder which has lasted for a continuous
period of not less than twelve months. "Substantial gainful activity"
shall be defined by the department by rule consistent with Public Law
92-603, as amended.
(5) "Clubhouse" means a community-based program that provides
rehabilitation services and is certified by the department of social
and health services.
(6) "Community mental health program" means all mental health
services, activities, or programs using available resources.
(7) "Community mental health service delivery system" means public
or private agencies that provide services specifically to persons with
mental disorders as defined under RCW 71.05.020 and receive funding
from public sources.
(8) "Community support services" means services authorized,
planned, and coordinated through resource management services
including, at a minimum, assessment, diagnosis, emergency crisis
intervention available twenty-four hours, seven days a week,
prescreening determinations for persons who are mentally ill being
considered for placement in nursing homes as required by federal law,
screening for patients being considered for admission to residential
services, diagnosis and treatment for children who are acutely mentally
ill or severely emotionally disturbed discovered under screening
through the federal Title XIX early and periodic screening, diagnosis,
and treatment program, investigation, legal, and other nonresidential
services under chapter 71.05 RCW, case management services, psychiatric
treatment including medication supervision, counseling, psychotherapy,
assuring transfer of relevant patient information between service
providers, recovery services, and other services determined by regional
support networks.
(9) "Consensus-based" means a program or practice that has general
support among treatment providers and experts, based on experience or
professional literature, and may have anecdotal or case study support,
or that is agreed but not possible to perform studies with random
assignment and controlled groups.
(10) "County authority" means the board of county commissioners,
county council, or county executive having authority to establish a
community mental health program, or two or more of the county
authorities specified in this subsection which have entered into an
agreement to provide a community mental health program.
(11) "Department" means the department of social and health
services.
(12) "Designated mental health professional" means a mental health
professional designated by the county or other authority authorized in
rule to perform the duties specified in this chapter.
(13) "Emerging best practice" or "promising practice" means a
practice that presents, based on preliminary information, potential for
becoming a research-based or consensus-based practice.
(14) "Evidence-based" means a program or practice that ((has had
multiple site random controlled trials across heterogeneous populations
demonstrating that the program or practice is effective for the)) is
cost-effective and includes at least two randomized or statistically
controlled evaluations that have demonstrated improved outcomes for its
intended population.
(15) "Licensed service provider" means an entity licensed according
to this chapter or chapter 71.05 RCW or an entity deemed to meet state
minimum standards as a result of accreditation by a recognized
behavioral health accrediting body recognized and having a current
agreement with the department, that meets state minimum standards or
persons licensed under chapter 18.57, 18.71, 18.83, or 18.79 RCW, as it
applies to registered nurses and advanced registered nurse
practitioners.
(16) "Long-term inpatient care" means inpatient services for
persons committed for, or voluntarily receiving intensive treatment
for, periods of ninety days or greater under chapter 71.05 RCW. "Long-term inpatient care" as used in this chapter does not include: (a)
Services for individuals committed under chapter 71.05 RCW who are
receiving services pursuant to a conditional release or a court-ordered
less restrictive alternative to detention; or (b) services for
individuals voluntarily receiving less restrictive alternative
treatment on the grounds of the state hospital.
(17) "Mental health services" means all services provided by
regional support networks and other services provided by the state for
persons who are mentally ill.
(18) "Mentally ill persons," "persons who are mentally ill," and
"the mentally ill" mean persons and conditions defined in subsections
(1), (4), (27), and (28) of this section.
(19) "Recovery" means the process in which people are able to live,
work, learn, and participate fully in their communities.
(20) "Regional support network" means a county authority or group
of county authorities or other entity recognized by the secretary in
contract in a defined region.
(21) "Registration records" include all the records of the
department, regional support networks, treatment facilities, and other
persons providing services to the department, county departments, or
facilities which identify persons who are receiving or who at any time
have received services for mental illness.
(22) "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.
(23) "Residential services" means a complete range of residences
and supports authorized by resource management services and which may
involve a facility, a distinct part thereof, or services which support
community living, for persons who are acutely mentally ill, adults who
are chronically mentally ill, children who are severely emotionally
disturbed, or adults who are seriously disturbed and determined by the
regional support network to be at risk of becoming acutely or
chronically mentally ill. The services shall include at least
evaluation and treatment services as defined in chapter 71.05 RCW,
acute crisis respite care, long-term adaptive and rehabilitative care,
and supervised and supported living services, and shall also include
any residential services developed to service persons who are mentally
ill in nursing homes, boarding homes, and adult family homes, and may
include outpatient services provided as an element in a package of
services in a supported housing model. Residential services for
children in out-of-home placements related to their mental disorder
shall not include the costs of food and shelter, except for children's
long-term residential facilities existing prior to January 1, 1991.
(24) "Resilience" means the personal and community qualities that
enable individuals to rebound from adversity, trauma, tragedy, threats,
or other stresses, and to live productive lives.
(25) "Resource management services" mean the planning,
coordination, and authorization of residential services and community
support services administered pursuant to an individual service plan
for: (a) Adults and children who are acutely mentally ill; (b) adults
who are chronically mentally ill; (c) children who are severely
emotionally disturbed; or (d) adults who are seriously disturbed and
determined solely by a regional support network to be at risk of
becoming acutely or chronically mentally ill. Such planning,
coordination, and authorization shall include mental health screening
for children eligible under the federal Title XIX early and periodic
screening, diagnosis, and treatment program. Resource management
services include seven day a week, twenty-four hour a day availability
of information regarding enrollment of adults and children who are
mentally ill in services and their individual service plan to
designated mental health professionals, evaluation and treatment
facilities, and others as determined by the regional support network.
(26) "Secretary" means the secretary of social and health services.
(27) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to
himself or herself or others, or to the property of others, as a result
of a mental disorder as defined in chapter 71.05 RCW;
(b) Has been on conditional release status, or under a less
restrictive alternative order, at some time during the preceding two
years from an evaluation and treatment facility or a state mental
health hospital;
(c) Has a mental disorder which causes major impairment in several
areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as
defined in chapter 71.34 RCW, as experiencing a mental disorder which
is clearly interfering with the child's functioning in family or school
or with peers or is clearly interfering with the child's personality
development and learning.
(28) "Severely emotionally disturbed child" or "child who is
severely emotionally disturbed" means a child who has been determined
by the regional support network to be experiencing a mental disorder as
defined in chapter 71.34 RCW, including those mental disorders that
result in a behavioral or conduct disorder, that is clearly interfering
with the child's functioning in family or school or with peers and who
meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the
home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter 71.34 RCW
within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special
education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a caretaker who is
mentally ill or inadequate;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement
outside of the home, for example, psychiatric hospital, short-term
inpatient, residential treatment, group or foster home, or a
correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(29) "State minimum standards" means minimum requirements
established by rules adopted by the secretary and necessary to
implement this chapter for: (a) Delivery of mental health services;
(b) licensed service providers for the provision of mental health
services; (c) residential services; and (d) community support services
and resource management services.
(30) "Treatment records" include registration and all other records
concerning persons who are receiving or who at any time have received
services for mental illness, which are maintained by the department, by
regional support networks and their staffs, and by treatment
facilities. Treatment records do not include notes or records
maintained for personal use by a person providing treatment services
for the department, regional support networks, or a treatment facility
if the notes or records are not available to others.
(31) "Tribal authority," for the purposes of this section and RCW
71.24.300 only, means: The federally recognized Indian tribes and the
major Indian organizations recognized by the secretary insofar as these
organizations do not have a financial relationship with any regional
support network that would present a conflict of interest.
(32) "Prevention and treatment services" means services and
programs for children and youth and their families that are
specifically directed to address behaviors and circumstances that have
resulted or may result in truancy, abuse or neglect, out-of-home
placements, chemical dependency, substance abuse, sexual
aggressiveness, or mental or emotional disorders.
NEW SECTION. Sec. 5 A new section is added to chapter 71.24 RCW
to read as follows:
(1) The department, and any other state agency that administers
funds related to prevention, treatment, and care of recipients of
children's mental health services, shall, in accordance with the
graduated requirements of subsection (3) of this section:
(a) Expend state funds on children's mental health prevention and
treatment programs or programs that are evidence-based, as identified
by the Washington state institute of public policy, in consultation
with a university-based evidence-based practice institute entity in
Washington state;
(b) In consultation with the Washington state institute for public
policy and the University of Washington evidence-based practice
institute, initiate or continue the ongoing review of sound, promising,
and research-based practices with the goal of identifying and expanding
the number and type of available evidence-based programs that are cost-beneficial and effective at improving mental health outcomes for
participants.
(2) When necessary to meet the requirements of subsection (3) of
this section, the department shall include in its contracts with
regional support networks a provision requiring that the regional
support network contracted providers of children's mental health
prevention and treatment services provide evidence-based services, that
the services must be provided by staff who are trained in providing
evidence-based services, and that the services must be accompanied by
monitoring and quality control procedures that ensure that they are
delivered according to the applicable standards. The department may
use performance requirements or incentives in determining the amounts
payable in contracts or grants.
(3)(a) In order to prevent undue disturbance to existing department
programs, and to the extent that the requirements of this subsection do
not conflict with any department obligations under a court order or
consent decree, the department shall ensure that: (i) No less than
fifty percent of the funds expended for recipients of children's mental
health prevention and treatment services meet the requirements of this
section during fiscal years 2014 and 2015, that no less than sixty-five
percent of the funds expended meet the requirements of this section
during fiscal years 2016 and 2017; and (ii) seventy-five percent of the
funds expended meet the requirements of this section during fiscal
years 2018 and 2019.
(b) The determination of the amount of funds expended for evidence-based services must include program costs necessary to directly
implement evidence-based programs, including discrete staffing and
training costs which would not have been incurred but for
implementation of an evidence-based program. Funds expended for
indirect administrative costs may not be included in the determination
of amounts expended for evidence-based services.
Sec. 6 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, 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 protective services" has the same meaning as in RCW
26.44.020.
(4) "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) "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) "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) "Performance-based contracting" means the 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. Contracts shall also include provisions that link the
performance of the contractor to the level and timing of reimbursement.
(11) "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.
(12) "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) "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.
(15) "Prevention and treatment services" means services and
programs for children and youth and their families that are
specifically directed to address behaviors and circumstances that have
resulted or may result in truancy, abuse or neglect, out-of-home
placements, chemical dependency, substance abuse, sexual
aggressiveness, or mental or emotional disorders.
NEW SECTION. Sec. 7 A new section is added to chapter 74.13 RCW
to read as follows:
(1) The department, and any other state agency that administers
funds related to prevention, treatment, and care of recipients of child
welfare services, shall, in accordance with the graduated requirements
of subsection (3) of this section:
(a) Expend state funds on prevention and treatment programs for
recipients of child welfare services that are research-based or
evidence-based, as identified by the Washington state institute for
public policy, in consultation with a university-based evidence-based
practice entity in Washington state; and
(b) In consultation with the Washington state institute for public
policy and a university-based evidence-based practice entity in
Washington state, initiate and continue the review of sound, promising,
and research-based practices with the goal of identifying and expanding
the number and type of available evidence-based programs that are cost-beneficial and effective at reducing abuse and neglect, safely reducing
rates of out-of-home placement, decreasing the length of time required
to obtain permanency for children in out-of-home care, or improving
child well-being for participants.
(2) When necessary to meet the requirements of subsection (3) of
this section, the department shall include in any contracts with
providers of prevention and treatment services for recipients of child
welfare services a provision affirming that the provider shall provide
research-based and evidence-based services, and that the services must
be provided by staff who are trained in providing evidence-based
services, and the services must be accompanied by monitoring and
quality control procedures that ensure that they are delivered
according to the applicable standards. The department may use
performance requirements or incentives in determining the amounts
payable in contracts or grants.
(3)(a) In order to prevent undue disturbance to existing department
programs and to allow time for a workforce to be sufficiently trained
in evidence-based practices, the requirements of this section are
graduated. To the extent that these requirements do not conflict with
the department's obligations under any court order or consent decree,
the department shall ensure that: (i) No less than thirty-five percent
of the funds expended for prevention and treatment services for
recipients of child welfare services meet the requirements of this
section during fiscal years 2014 and 2015; (ii) no less than fifty
percent of the funds expended meet the requirements of this section
during fiscal years 2016 and 2017; and (iii) no less than seventy-five
percent of the funds expended meet the requirements of this section
during fiscal years 2018 and 2019.
(b) The determination of the amount of funds expended for research-based or evidence-based services must include program costs necessary
to directly implement research-based or evidence-based programs,
including discrete staffing and training costs which would not have
been incurred but for implementation of a research-based or evidence-based program. Funds expended for indirect administrative costs may
not be included in the determination of amounts expended for evidence-based services.
NEW SECTION. Sec. 8 (1) In order to achieve the requirements of
sections 3, 5, and 7 of this act, the department shall, in
collaboration with the evidence-based practice council created in
section 9 of this act, redirect existing funding resources as necessary
to coordinate the purchase of evidence-based prevention and treatment
services and the development of a workforce trained to implement
evidence-based practices.
(2) The department shall report annually to the appropriate
legislative committees regarding its progress in the coordination of
the purchase of evidence-based prevention and treatment services and of
the development of a workforce trained to implement evidence-based
practices. A preliminary report must be completed no later than
December 31, 2012. A subsequent report must be completed no later than
December 31, 2013, and the department shall report annually,
thereafter.
NEW SECTION. Sec. 9 A new section is added to chapter 43.20A RCW
to read as follows:
(1) The department shall establish an evidence-based practice
council to develop a unified and accountable system of care for the
coordination and the delivery of prevention and treatment services to
children and youth and their families. The council shall act as a
central mechanism for implementing evidence-based prevention and
treatment programs and providing wraparound care coordination and peer
support. The members of the evidence-based council shall include
representatives from:
(a) Child advocacy organizations;
(b) Tribal authorities;
(c) The division of behavioral health and recovery services;
(d) The children's administration;
(e) The juvenile rehabilitation administration;
(f) The division of developmental disabilities;
(g) The health care authority;
(h) The office of the superintendent of public instruction;
(i) Family and youth peer support organizations;
(j) Regional support networks;
(k) State and local provider organizations;
(l) The University of Washington evidence-based practice institute;
and
(m) The Washington state institute for public policy.
(2) The evidence-based practice council must ensure that
implementation of evidence-based prevention and treatment programs are
accompanied by monitoring and quality control procedures designed to
ensure that they are delivered with fidelity to the program and that
corrective action is taken when these standards are not met.
(3) The evidence-based practice council shall acknowledge any
existing system of quality control for the juvenile justice system in
place on the effective date of this section and shall work within that
system in meeting the graduated requirements set forth in section 3 of
this act.
(4) The evidence-based practice council must be governed by an
executive committee, the members of which must be the secretary or the
secretary's designee and the council members who are representatives
from the Washington state institute for public policy and the
University of Washington evidence-based practice institute.
NEW SECTION. Sec. 10 A new section is added to chapter 43.20A
RCW to read as follows:
(1) The department of social and health services shall track and
document compliance with sections 3, 5, and 7 of this act.
(2) The Washington state institute for public policy, in
consultation with a university-based evidence-based practice entity in
Washington state, and with any necessary assistance from the
department, shall work collaboratively to prepare a report to the
appropriate legislative committees. The report must include:
(a) An assessment of the amount of funds expended for the evidence-based prevention and treatment services;
(b) An assessment of program fidelity to the evidence-based
prevention and treatment models;
(c) An assessment of outcomes for children and youth who receive
evidence-based prevention and treatment services; and
(d) A description of the method of the documentation of the
department's compliance with the requirements of sections 3, 5, and 7
of this act.
(3) The first report must be completed no later than July 1, 2013;
the second report must be completed no later than July 1, 2015; and the
final report must be completed no later than December 1, 2019.