BILL REQ. #: S-0791.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/29/13. Referred to Committee on Human Services & Corrections.
AN ACT Relating to extended foster care services; amending RCW 13.34.145, 13.34.267, 13.34.232, 74.13.020, and 74.13.031; reenacting and amending RCW 13.04.030, 13.34.030, 74.13.020, and 74.13.031; adding a new section to chapter 13.34 RCW; creating a new section; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the federal
fostering connections to success and increasing adoptions act of 2008
provides important new opportunities to increase the impact of state
funding through maximizing the amount of federal funding available to
promote permanency and positive outcomes for dependent youth.
(2) The legislature also finds that children and adolescents who
are legal dependents of Washington state have experienced significant
trauma and loss, putting them at increased risk for poor life outcomes.
Longitudinal research on the adult functioning of former foster youth
indicates a disproportionate likelihood that youth aging out of foster
care and those who spent several years in care will experience poor
outcomes in a variety of areas, including limited human capital upon
which to build economic security and inability to fully take advantage
of secondary and postsecondary educational opportunities, untreated
mental or behavioral health problems, involvement in the criminal
justice and corrections systems, and early parenthood combined with
second-generation child welfare involvement.
(3) The legislature further finds that research also demonstrates
that access to adequate and appropriate supports during the period of
transition from foster care to independence can have significant
positive impacts on adult functioning and can improve outcomes relating
to educational attainment and postsecondary enrollment, employment and
earnings, and reduced rates of teen pregnancies.
Sec. 2 RCW 13.04.030 and 2009 c 526 s 1 and 2009 c 454 s 1 are
each reenacted and amended to read as follows:
(1) Except as provided in this section, the juvenile courts in this
state shall have exclusive original jurisdiction over all proceedings:
(a) Under the interstate compact on placement of children as
provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent as
provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;
(c) Relating to the termination of a parent and child relationship
as provided in RCW 13.34.180 through 13.34.210;
(d) To approve or disapprove out-of-home placement as provided in
RCW 13.32A.170;
(e) Relating to 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;
(f) Relating to juveniles alleged or found to have committed
offenses, traffic or civil infractions, or violations as provided in
RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular
juvenile to adult criminal court pursuant to RCW 13.40.110;
(ii) The statute of limitations applicable to adult prosecution for
the offense, traffic or civil infraction, or violation has expired;
(iii) The alleged offense or infraction is a traffic, fish,
boating, or game offense, or traffic or civil infraction committed by
a juvenile sixteen years of age or older and would, if committed by an
adult, be tried or heard in a court of limited jurisdiction, in which
instance the appropriate court of limited jurisdiction shall have
jurisdiction over the alleged offense or infraction, and no guardian ad
litem is required in any such proceeding due to the juvenile's age. If
such an alleged offense or infraction and an alleged offense or
infraction subject to juvenile court jurisdiction arise out of the same
event or incident, the juvenile court may have jurisdiction of both
matters. The jurisdiction under this subsection does not constitute
"transfer" or a "decline" for purposes of RCW 13.40.110 (1) and (2) or
(((e))) (f)(i) of this subsection. Courts of limited jurisdiction
which confine juveniles for an alleged offense or infraction may place
juveniles in juvenile detention facilities under an agreement with the
officials responsible for the administration of the juvenile detention
facility in RCW 13.04.035 and 13.20.060;
(iv) The alleged offense is a traffic or civil infraction, a
violation of compulsory school attendance provisions under chapter
28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has
assumed concurrent jurisdiction over those offenses as provided in RCW
13.04.0301; or
(v) The juvenile is sixteen or seventeen years old on the date the
alleged offense is committed and the alleged offense is:
(A) A serious violent offense as defined in RCW 9.94A.030;
(B) A violent offense as defined in RCW 9.94A.030 and the juvenile
has a criminal history consisting of: (I) One or more prior serious
violent offenses; (II) two or more prior violent offenses; or (III)
three or more of any combination of the following offenses: Any class
A felony, any class B felony, vehicular assault, or manslaughter in the
second degree, all of which must have been committed after the
juvenile's thirteenth birthday and prosecuted separately;
(C) Robbery in the first degree, rape of a child in the first
degree, or drive-by shooting, committed on or after July 1, 1997;
(D) Burglary in the first degree committed on or after July 1,
1997, and the juvenile has a criminal history consisting of one or more
prior felony or misdemeanor offenses; or
(E) Any violent offense as defined in RCW 9.94A.030 committed on or
after July 1, 1997, and the juvenile is alleged to have been armed with
a firearm.
(I) In such a case the adult criminal court shall have exclusive
original jurisdiction, except as provided in (((e))) (f)(v)(E)(II) and
(III) of this subsection.
(II) The juvenile court shall have exclusive jurisdiction over the
disposition of any remaining charges in any case in which the juvenile
is found not guilty in the adult criminal court of the charge or
charges for which he or she was transferred, or is convicted in the
adult criminal court of a lesser included offense that is not also an
offense listed in (((e))) (f)(v) of this subsection. The juvenile
court shall enter an order extending juvenile court jurisdiction if the
juvenile has turned eighteen years of age during the adult criminal
court proceedings pursuant to RCW 13.40.300. However, once the case is
returned to juvenile court, the court may hold a decline hearing
pursuant to RCW 13.40.110 to determine whether to retain the case in
juvenile court for the purpose of disposition or return the case to
adult criminal court for sentencing.
(III) The prosecutor and respondent may agree to juvenile court
jurisdiction and waive application of exclusive adult criminal
jurisdiction in (((e))) (f)(v)(A) through (E) of this subsection and
remove the proceeding back to juvenile court with the court's approval.
If the juvenile challenges the state's determination of the
juvenile's criminal history under (((e))) (f)(v) of this subsection,
the state may establish the offender's criminal history by a
preponderance of the evidence. If the criminal history consists of
adjudications entered upon a plea of guilty, the state shall not bear
a burden of establishing the knowing and voluntariness of the plea;
(((f))) (g) Under the interstate compact on juveniles as provided
in chapter 13.24 RCW;
(((g))) (h) Relating to termination of a diversion agreement under
RCW 13.40.080, including a proceeding in which the divertee has
attained eighteen years of age;
(((h))) (i) Relating to court validation of a voluntary consent to
an out-of-home placement under chapter 13.34 RCW, by the parent or
Indian custodian of an Indian child, except if the parent or Indian
custodian and child are residents of or domiciled within the boundaries
of a federally recognized Indian reservation over which the tribe
exercises exclusive jurisdiction;
(((i))) (j) Relating to petitions to compel disclosure of
information filed by the department of social and health services
pursuant to RCW 74.13.042; and
(((j))) (k) Relating to judicial determinations and permanency
planning hearings involving developmentally disabled children who have
been placed in out-of-home care pursuant to a voluntary placement
agreement between the child's parent, guardian, or legal custodian and
the department of social and health services.
(2) The family court shall have concurrent original jurisdiction
with the juvenile court over all proceedings under this section if the
superior court judges of a county authorize concurrent jurisdiction as
provided in RCW 26.12.010.
(3) The juvenile court shall have concurrent original jurisdiction
with the family court over child custody proceedings under chapter
26.10 RCW and parenting plans or residential schedules under chapters
26.09 and 26.26 RCW as provided for in RCW 13.34.155.
(4) A juvenile subject to adult superior court jurisdiction under
subsection (1)(((e))) (f)(i) through (v) of this section, who is
detained pending trial, may be detained in a detention facility as
defined in RCW 13.40.020 pending sentencing or a dismissal.
Sec. 3 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. 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.
(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.
(20) "Medical condition" means a short-term or long-term physical
or mental health condition as verified and documented by a health care
provider.
(21) "Nonminor dependent" means any individual age eighteen to
twenty-one years for whom there was an open dependency proceeding,
including a dependency guardianship pursuant to RCW 13.34.232, at the
time that he or she reached the age of eighteen years, who meets the
eligibility requirements for extended foster care services authorized
under RCW 74.13.031, and who has a current voluntary reentry agreement
in place. A youth who is receiving in-home dependency care is not a
nonminor dependent.
(22) "Supervised independent living" means college dormitories,
shared housing, semisupervised or supervised apartments, boarding
homes, or host homes.
(23) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child and the department that
documents the nonminor dependent's intent to request extended foster
care services and intent to meet the eligibility criteria for receiving
such services.
Sec. 4 RCW 13.34.145 and 2011 c 330 s 6 are each amended to read
as follows:
(1) The purpose of a permanency planning hearing is to review the
permanency plan for the child, inquire into the welfare of the child
and progress of the case, and reach decisions regarding the permanent
placement of the child.
(a) A permanency planning hearing shall be held in all cases where
the child has remained in out-of-home care for at least nine months and
an adoption decree, guardianship order, or permanent custody order has
not previously been entered. The hearing shall take place no later
than twelve months following commencement of the current placement
episode.
(b) Whenever a child is removed from the home of a dependency
guardian or long-term relative or foster care provider, and the child
is not returned to the home of the parent, guardian, or legal custodian
but is placed in out-of-home care, a permanency planning hearing shall
take place no later than twelve months, as provided in this section,
following the date of removal unless, prior to the hearing, the child
returns to the home of the dependency guardian or long-term care
provider, the child is placed in the home of the parent, guardian, or
legal custodian, an adoption decree, guardianship order, or a permanent
custody order is entered, or the dependency is dismissed. Every effort
shall be made to provide stability in long-term placement, and to avoid
disruption of placement, unless the child is being returned home or it
is in the best interest of the child.
(c) Permanency planning goals should be achieved at the earliest
possible date, preferably before the child has been in out-of-home care
for fifteen months. In cases where parental rights have been
terminated, the child is legally free for adoption, and adoption has
been identified as the primary permanency planning goal, it shall be a
goal to complete the adoption within six months following entry of the
termination order.
(2) No later than ten working days prior to the permanency planning
hearing, the agency having custody of the child shall submit a written
permanency plan to the court and shall mail a copy of the plan to all
parties and their legal counsel, if any.
(3) At the permanency planning hearing, the court shall conduct the
following inquiry:
(a) If a goal of long-term foster or relative care has been
achieved prior to the permanency planning hearing, the court shall
review the child's status to determine whether the placement and the
plan for the child's care remain appropriate.
(b) In cases where the primary permanency planning goal has not
been achieved, the court shall inquire regarding the reasons why the
primary goal has not been achieved and determine what needs to be done
to make it possible to achieve the primary goal. The court shall
review the permanency plan prepared by the agency and make explicit
findings regarding each of the following:
(i) The continuing necessity for, and the safety and
appropriateness of, the placement;
(ii) The extent of compliance with the permanency plan by the
department or supervising agency and any other service providers, the
child's parents, the child, and the child's guardian, if any;
(iii) The extent of any efforts to involve appropriate service
providers in addition to department or supervising agency staff in
planning to meet the special needs of the child and the child's
parents;
(iv) The progress toward eliminating the causes for the child's
placement outside of his or her home and toward returning the child
safely to his or her home or obtaining a permanent placement for the
child;
(v) The date by which it is likely that the child will be returned
to his or her home or placed for adoption, with a guardian or in some
other alternative permanent placement; and
(vi) If the child has been placed outside of his or her home for
fifteen of the most recent twenty-two months, not including any period
during which the child was a runaway from the out-of-home placement or
the first six months of any period during which the child was returned
to his or her home for a trial home visit, the appropriateness of the
permanency plan, whether reasonable efforts were made by the department
or supervising agency to achieve the goal of the permanency plan, and
the circumstances which prevent the child from any of the following:
(A) Being returned safely to his or her home;
(B) Having a petition for the involuntary termination of parental
rights filed on behalf of the child;
(C) Being placed for adoption;
(D) Being placed with a guardian;
(E) Being placed in the home of a fit and willing relative of the
child; or
(F) Being placed in some other alternative permanent placement,
including independent living or long-term foster care.
At this hearing, the court shall order the department or
supervising agency to file a petition seeking termination of parental
rights if the child has been in out-of-home care for fifteen of the
last twenty-two months since the date the dependency petition was filed
unless the court makes a good cause exception as to why the filing of
a termination of parental rights petition is not appropriate. Any good
cause finding shall be reviewed at all subsequent hearings pertaining
to the child. For purposes of this section, "good cause exception"
includes but is not limited to the following: The child is being cared
for by a relative; the department has not provided to the child's
family such services as the court and the department have deemed
necessary for the child's safe return home; or the department has
documented in the case plan a compelling reason for determining that
filing a petition to terminate parental rights would not be in the
child's best interests.
(c)(i) If the permanency plan identifies independent living as a
goal, the court shall make a finding that the provision of services to
assist the child in making a transition from foster care to independent
living will allow the child to manage his or her financial, personal,
social, educational, and nonfinancial affairs prior to approving
independent living as a permanency plan of care. The court will
inquire whether the child has been provided information about extended
foster care services.
(ii) The permanency plan shall also specifically identify the
services, including extended foster care services, where appropriate,
that will be provided to assist the child to make a successful
transition from foster care to independent living. If at the time of
the permanency hearing, the youth is at least age seventeen years and
six months, he or she must be provided with written documentation which
explains the availability of extended foster care services and detailed
instructions regarding how the youth may access such services after he
or she reaches age eighteen years.
(iii) The department or supervising agency shall not discharge a
child to an independent living situation before the child is eighteen
years of age unless the child becomes emancipated pursuant to chapter
13.64 RCW.
(d) If the child has resided in the home of a foster parent or
relative for more than six months prior to the permanency planning
hearing, the court shall:
(i) Enter a finding regarding whether the foster parent or relative
was informed of the hearing as required in RCW 74.13.280, 13.34.215(6),
and 13.34.096; and
(ii) If the department or supervising agency is recommending a
placement other than the child's current placement with a foster
parent, relative, or other suitable person, enter a finding as to the
reasons for the recommendation for a change in placement.
(4) In all cases, at the permanency planning hearing, the court
shall:
(a)(i) Order the permanency plan prepared by the supervising agency
to be implemented; or
(ii) Modify the permanency plan, and order implementation of the
modified plan; and
(b)(i) Order the child returned home only if the court finds that
a reason for removal as set forth in RCW 13.34.130 no longer exists; or
(ii) Order the child to remain in out-of-home care for a limited
specified time period while efforts are made to implement the
permanency plan.
(5) Following the first permanency planning hearing, the court
shall hold a further permanency planning hearing in accordance with
this section at least once every twelve months until a permanency
planning goal is achieved or the dependency is dismissed, whichever
occurs first.
(6) Prior to the second permanency planning hearing, the agency
that has custody of the child shall consider whether to file a petition
for termination of parental rights.
(7) If the court orders the child returned home, casework
supervision by the department or supervising agency shall continue for
at least six months, at which time a review hearing shall be held
pursuant to RCW 13.34.138, and the court shall determine the need for
continued intervention.
(8) The juvenile court may hear a petition for permanent legal
custody when: (a) The court has ordered implementation of a permanency
plan that includes permanent legal custody; and (b) the party pursuing
the permanent legal custody is the party identified in the permanency
plan as the prospective legal custodian. During the pendency of such
proceeding, the court shall conduct review hearings and further
permanency planning hearings as provided in this chapter. At the
conclusion of the legal guardianship or permanent legal custody
proceeding, a juvenile court hearing shall be held for the purpose of
determining whether dependency should be dismissed. If a guardianship
or permanent custody order has been entered, the dependency shall be
dismissed.
(9) Continued juvenile court jurisdiction under this chapter shall
not be a barrier to the entry of an order establishing a legal
guardianship or permanent legal custody when the requirements of
subsection (8) of this section are met.
(10) Nothing in this chapter may be construed to limit the ability
of the agency that has custody of the child to file a petition for
termination of parental rights or a guardianship petition at any time
following the establishment of dependency. Upon the filing of such a
petition, a fact-finding hearing shall be scheduled and held in
accordance with this chapter unless the department or supervising
agency requests dismissal of the petition prior to the hearing or
unless the parties enter an agreed order terminating parental rights,
establishing guardianship, or otherwise resolving the matter.
(11) The approval of a permanency plan that does not contemplate
return of the child to the parent does not relieve the supervising
agency of its obligation to provide reasonable services, under this
chapter, intended to effectuate the return of the child to the parent,
including but not limited to, visitation rights. The court shall
consider the child's relationships with siblings in accordance with RCW
13.34.130.
(12) Nothing in this chapter may be construed to limit the
procedural due process rights of any party in a termination or
guardianship proceeding filed under this chapter.
Sec. 5 RCW 13.34.267 and 2012 c 52 s 4 are each amended to read
as follows:
(1) ((In order to facilitate the delivery of extended foster care
services, the court shall postpone for six months the dismissal of a
dependency proceeding for any child who is a dependent child in foster
care at the age of eighteen years and who, at the time of his or her
eighteenth birthday is:)) The court shall dismiss the dependency case of a youth when
the youth reaches the age of eighteen years. At any time after the
youth's case is dismissed because he or she has reached age eighteen
years, the youth may request extended foster care services authorized
under RCW 74.13.031. Upon request by the youth and the completion of
a voluntary reentry agreement with the youth, the department shall file
a petition with the court requesting that the youth receive extended
foster care services.
(a) Enrolled in a secondary education program or a secondary
education equivalency program; or
(b) Enrolled in a postsecondary academic or postsecondary
vocational program, or has applied for and can demonstrate that he or
she intends to timely enroll in a postsecondary academic or
postsecondary vocational program.
(2)(a) The six-month postponement under this subsection is intended
to allow a reasonable window of opportunity for an eligible youth who
reaches the age of eighteen to request extended foster care services
from the department or supervising agency. The court shall dismiss the
dependency if the youth:
(i) Has not requested extended foster care services from the
department by the end of the six-month period; or
(ii) Is no longer eligible for extended foster care services under
RCW 74.13.031(10) at any point during the six-month period.
(b) Until the youth requests to participate in the extended foster
care program, the department is relieved of any supervisory
responsibility for the youth.
(3) A youth who participates in extended foster care while
completing a secondary education or equivalency program may continue to
receive extended foster care services for the purpose of participating
in a postsecondary academic or postsecondary vocational education
program if, at the time the secondary education or equivalency program
is completed, the youth has applied to and can demonstrate that he or
she intends to timely enroll in a postsecondary academic or vocational
education program. The dependency shall be dismissed if the youth
fails to timely enroll or continue in the postsecondary program, or
reaches age twenty-one, whichever is earlier.
(4) A youth receiving extended foster care services is a party to
the dependency proceeding. The youth's parent or guardian shall be
dismissed from the dependency proceeding when the youth reaches the age
of eighteen years.
(5)
(2) Upon the filing of the petition for extended foster care
services, the court shall, upon a determination that the youth, as
defined in RCW 13.34.030(2)(b), is a nonminor dependent eligible for
extended foster care services:
(a) Establish a dependency case for the youth;
(b) Order ((a)) the youth ((participating in extended foster care
services)) to be under the placement and care authority of the
department, subject to the youth's continuing agreement to participate
in extended foster care services((.)); and
(6) The court shall
(c) Appoint counsel to represent ((a)) the youth((, as defined in
RCW 13.34.030(2)(b),)) in dependency proceedings under this section.
(((7))) (3) The department shall set a foster care rate for the
youth that meets his or her needs, and there is a rebuttable
presumption that the rate for the youth receiving extended foster care
services must not be lower than the rate provided for the youth before
he or she reached age eighteen years.
(4) If the youth requests extended foster care services from the
department, and the department declines to file a petition for
services, the department must document its decision not to file a
petition and file such documentation with the court, stating its
reasons for declining to file a petition. Upon receipt of the
department's documentation, the court shall set a hearing date to
determine whether the youth is eligible for extended foster care
services. The court shall appoint counsel to represent the youth at
such hearing.
(5) The case plan for and delivery of services to a youth receiving
extended foster care services pursuant to this section is subject to
the review requirements set forth in RCW 13.34.138 and 13.34.145, and
should be applied in a developmentally appropriate manner, as they
relate to youth age eighteen to twenty-one years. Additionally, the
court shall consider:
(a) Whether the youth is safe in his or her placement;
(b) Whether the youth continues to be eligible for extended foster
care services;
(c) Whether the current placement is developmentally appropriate
for the youth;
(d) The youth's development of independent living skills; and
(e) The youth's overall progress toward transitioning to full
independence and the projected date for achieving such transition.
(((8))) (6) Prior to the hearing, the youth's attorney shall
indicate whether there are any contested issues and may provide
additional information necessary for the court's review.
(((9))) (7) Upon the request of the youth, or when the youth is no
longer eligible to receive extended foster care services according to
rules adopted by the department, the court shall dismiss the
dependency.
Sec. 6 RCW 13.34.232 and 2010 c 272 s 14 are each amended to read
as follows:
(1) An order establishing a dependency guardianship shall:
(a) Appoint a person or agency to serve as dependency guardian for
the limited purpose of assisting the court to supervise the dependency;
(b) Specify the dependency guardian's rights and responsibilities
concerning the care, custody, and control of the child. A dependency
guardian shall not have the authority to consent to the child's
adoption;
(c) Specify the dependency guardian's authority, if any, to
receive, invest, and expend funds, benefits, or property belonging to
the child;
(d) Specify an appropriate frequency of visitation between the
parent and the child; and
(e) Specify the need for any continued involvement of the
supervising agency and the nature of that involvement, if any.
(2) Unless the court specifies otherwise in the guardianship order,
the dependency guardian shall maintain the physical custody of the
child and have the following rights and duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required by law,
and routine health care for the child;
(c) Consent to necessary health and surgical care and sign a
release of health care information to appropriate authorities, pursuant
to law;
(d) Consent to social and school activities of the child; and
(e) Provide an annual written accounting to the court regarding
receipt by the dependency guardian of any funds, benefits, or property
belonging to the child and expenditures made therefrom.
(3) As used in this section, the term "health care" includes, but
is not limited to, medical, dental, psychological, and psychiatric care
and treatment.
(4) The child shall remain dependent for the duration of the
guardianship. While the guardianship remains in effect, the dependency
guardian shall be a party to any dependency proceedings pertaining to
the child.
(5) The guardianship shall remain in effect only until the child is
eighteen years of age or until the court terminates the guardianship
order, whichever occurs sooner.
(6) A youth whose dependency guardianship has been dismissed
because he or she has reached age eighteen years is eligible for
extended foster care services if he or she meets the requirements of
RCW 74.13.031.
NEW SECTION. Sec. 7 A new section is added to chapter 13.34 RCW
to read as follows:
If, prior to the effective date of this section, the court has
dismissed the dependency of youth who has reached age eighteen, the
department or the youth, pursuant to RCW 13.34.145, may file a petition
to the court requesting extended foster care services.
Sec. 8 RCW 74.13.020 and 2012 c 205 s 12 are each amended to read
as follows:
For purposes of this chapter:
(1) "Case management" means convening 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 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. This definition is applicable on
or after December 30, 2015.
(14) "Medical condition" means a short-term or long-term physical
or mental health condition as verified and documented by a health care
provider.
(15) "Nonminor dependent" means any individual age eighteen to
twenty-one years for whom there was an open dependency proceeding,
including a dependency guardianship pursuant to RCW 13.34.232, at the
time that he or she reached the age of eighteen years, who meets the
eligibility requirements for extended foster care services authorized
under RCW 74.13.031, and who has a current voluntary reentry agreement
in place. A youth who is receiving in-home dependency care is not a
nonminor dependent.
(16) "Supervised independent living" means college dormitories,
shared housing, semisupervised or supervised apartments, boarding
homes, or host homes.
(17) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child and the department that
documents the nonminor dependent's intent to request extended foster
care services and intent to meet the eligibility criteria for receiving
such services.
Sec. 9 RCW 74.13.020 and 2012 c 259 s 7 and 2012 c 205 s 12 are
each reenacted and amended to read as follows:
For purposes of this chapter:
(1) "Case management" means convening 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 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) "Family assessment" means a comprehensive assessment of child
safety, risk of subsequent child abuse or neglect, and family strengths
and needs that is applied to a child abuse or neglect report. Family
assessment does not include a determination as to whether child abuse
or neglect occurred, but does determine the need for services to
address the safety of the child and the risk of subsequent
maltreatment.
(9) "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.
(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.
(11) "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.
(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.
(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.
(14) "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. This definition is applicable on
or after December 30, 2015.
(15) "Medical condition" means a short-term or long-term physical
or mental health condition as verified and documented by a health care
provider.
(16) "Nonminor dependent" means any individual age eighteen to
twenty-one years for whom there was an open dependency proceeding,
including a dependency guardianship pursuant to RCW 13.34.232, at the
time that he or she reached the age of eighteen years, who meets the
eligibility requirements for extended foster care services authorized
under RCW 74.13.031, and who has a current voluntary reentry agreement
in place. A youth who is receiving in-home dependency care is not a
nonminor dependent.
(17) "Supervised independent living" means college dormitories,
shared housing, semisupervised or supervised apartments, boarding
homes, or host homes.
(18) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child and the department that
documents the nonminor dependent's intent to request extended foster
care services and intent to meet the eligibility criteria for receiving
such services.
Sec. 10 RCW 74.13.031 and 2012 c 52 s 2 are each 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 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)(a) 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)) nonminor dependents who are:
(i) Enrolled in a secondary education program or a secondary
education equivalency program((, or));
(ii) Enrolled and participating in a postsecondary academic or
postsecondary vocational education program;
(iii) Participating in a program or activity designed to promote
employment or remove barriers to employment;
(iv) Engaged in employment for eighty hours or more per month; or
(v) Incapable of engaging in any of the activities described in
(a)(i) through (iv) of this subsection due to a medical condition that
is supported by regularly updated information.
(b) The department shall develop and implement rules regarding
youth eligibility requirements.
(11) The department 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 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.
(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 74.13.031 and 2012 c 259 s 8 and 2012 c 52 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) As provided in RCW 26.44.030(11), the department may respond to
a report of child abuse or neglect by using the family assessment
response.
(5) The department or supervising agencies shall offer, on a
voluntary basis, family reconciliation services to families who are in
conflict.
(6) 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 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.
(7) 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.
(8) 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.
(9) The department and supervising agency shall have authority to
purchase care for children.
(10) 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.
(11)(a) 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)) nonminor dependents who are:
(i) Enrolled in a secondary education program or a secondary
education equivalency program((, or));
(ii) Enrolled and participating in a postsecondary academic or
postsecondary vocational education program;
(iii) Participating in a program or activity designed to promote
employment or remove barriers to employment;
(iv) Engaged in employment for eighty hours or more per month; or
(v) Incapable of engaging in any of the activities described in
(a)(i) through (iv) of this subsection due to a medical condition that
is supported by regularly updated information.
(b) The department shall develop and implement rules regarding
youth eligibility requirements.
(12) The department 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 (11) of this section.
(13) 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.
(14) 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), (7),
and (8) 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.
(15) 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.
(16) 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.
(17) 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 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)(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.
NEW SECTION. Sec. 12 Sections 8 and 10 of this act expire
December 1, 2013.
NEW SECTION. Sec. 13 Sections 9 and 11 of this act take effect
December 1, 2013.