BILL REQ. #:  H-4056.1 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to the advisory committee on the disproportionate representation of children of color in Washington's child welfare system; amending RCW 74.13.096; adding new sections to chapter 43.131 RCW; repealing 2009 c 520 s 96 (uncodified); repealing 2007 c 465 s 3 (uncodified); and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 74.13.096 and 2009 c 520 s 63 are each amended to read as follows:
     (1) The secretary shall convene an advisory committee to analyze and make recommendations on the disproportionate representation of children of color in Washington's child welfare system. The department shall collaborate with the Washington institute for public policy and private sector entities to develop a methodology for the advisory committee to follow in conducting a baseline analysis of data from the child welfare system to determine whether racial disproportionality and racial disparity exist in this system. The Washington institute for public policy shall serve as technical staff for the advisory committee. In determining whether racial disproportionality or racial disparity exists, the committee shall utilize existing research and evaluations conducted within Washington state, nationally, and in other states and localities that have similarly analyzed the prevalence of racial disproportionality and disparity in child welfare.
     (2) At a minimum, the advisory committee shall examine and analyze: (a) The level of involvement of children of color at each stage in the state's child welfare system, including the points of entry and exit, and each point at which a treatment decision is made; (b) the number of children of color in low-income or single-parent families involved in the state's child welfare system; (c) the family structures of families involved in the state's child welfare system; and (d) the outcomes for children in the existing child welfare system. This analysis shall be disaggregated by racial and ethnic group, and by geographic region.
     (3) The committee of not more than fifteen individuals shall consist of experts in social work, law, child welfare, psychology, or related fields, at least two tribal representatives, a representative of the governor's juvenile justice advisory committee, a representative of a community-based organization involved with child welfare issues, a representative of the department, a current or former foster care youth, a current or former foster care parent, and a parent previously involved with Washington's child welfare system. Committee members shall be selected as follows: (a) Five members selected by the senate majority leader; (b) five members selected by the speaker of the house of representatives; and (c) five members selected by the secretary of the department. The secretary, the senate majority leader, and the speaker of the house of representatives shall coordinate appointments to ensure the representation specified in this subsection is achieved. After the advisory committee appointments are finalized, the committee shall select two individuals to serve as cochairs of the committee, one of whom shall be a representative from a nongovernmental entity. The advisory committee shall consult with the governor's office of Indian affairs, the Washington state commission on African-American affairs, the Washington state commission on Asian Pacific American affairs, and the Washington state commission on Hispanic affairs to develop membership rules by August 1, 2014. The membership rules must be included in the annual secretary's report required under subsection (7) of this section.
     (4) The secretary shall make reasonable efforts to seek public and private funding for the advisory committee.
     (5) Not later than June 1, 2008, the advisory committee created in subsection (1) of this section shall report to the secretary of the department on the results of the analysis. If the results of the analysis indicate disproportionality or disparity exists for any racial or ethnic group in any region of the state, the committee, in conjunction with the secretary of the department, shall develop a plan for remedying the disproportionality or disparity. The remediation plan shall include: (a) Recommendations for administrative and legislative actions related to appropriate programs and services to reduce and eliminate disparities in the system and improve the long-term outcomes for children of color who are served by the system; and (b) performance measures for implementing the remediation plan. To the extent possible and appropriate, the remediation plan shall be developed to integrate the recommendations required in this subsection with the department's existing compliance plans, training efforts, and other practice improvement and reform initiatives in progress. The advisory committee shall be responsible for ongoing evaluation of current and prospective policies and procedures for their contribution to or effect on racial disproportionality and disparity.
     (6) The advisory committee shall conduct an analysis examining the number of children who have incarcerated parents at any time during their involvement with the child welfare system. This analysis shall be disaggregated by racial and ethnic group, and by geographic location.
     (7) Not later than December 1, 2008, the secretary shall report the results of the analysis conducted under subsection (2) of this section and shall describe the remediation plan required under subsection (5) of this section to the appropriate committees of the legislature with jurisdiction over policy and fiscal matters relating to children, families, and human services. Beginning January 1, 2010, the secretary shall report annually to the appropriate committees of the legislature on the implementation of the remediation plan, including any measurable progress made in reducing and eliminating racial disproportionality and disparity in the state's child welfare system and findings from the analysis conducted under subsection (6) of this section.

NEW SECTION.  Sec. 2   The following acts or parts of acts are each repealed:
     (1) 2009 c 520 s 96 (uncodified); and
     (2) 2007 c 465 s 3 (uncodified).

NEW SECTION.  Sec. 3   A new section is added to chapter 43.131 RCW to read as follows:
     The advisory committee shall be terminated on July 1, 2017, as provided in section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.131 RCW to read as follows:
     RCW 74.13.096 and 2014 c . . . s 1 (section 1 of this act), 2009 c 520 s 63, & 2007 c 465 s 2, as now existing or hereafter amended, are each repealed, effective July 1, 2018.