AN ACT Relating to children and family services; adding a new chapter to Title 26 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. There is established a department of children and family services.

All powers, duties, and functions vested by law on the effective date of this act in the following divisions and bureaus of the department of social and health services are transferred to the department of children and family services:

(1) The department of children and family services;

(2) The division of juvenile rehabilitation;

(3) The division of mental health, to the extent the powers, duties, and functions of the division of mental health pertain to children and youth; and

(4) The division of community services or its successor, to the extent the powers, duties, and functions of the division of community services pertain to children and youth.

NEW SECTION. Sec. 2. Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of children and family services.

(2) "Council" means the state advisory council on children and family services.

(3) "Department" means the department of children and family services.

NEW SECTION. Sec. 3. The department shall plan, create, develop, operate or arrange for, administer, and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youth whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, emotionally disturbed, delinquent, abused, neglected, or uncared for, including all children and youth who are or may be committed to the department by any court, and all children and youth voluntarily admitted to the department for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs for children and youth and their families. In furtherance of this purpose, the department shall:

(1) Maintain appropriate facilities exclusively for offenders;

(2) Develop a comprehensive program for prevention of problems of children and youth and provide a flexible, innovative, and effective program for the placement, care, and treatment of children and youth committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department;

(3) Provide appropriate services to families of children and youth as needed to achieve the purposes of this chapter;

(4) Establish incentive paid work programs for children and youth under the care of the department, the rates to be paid the children and youth for work done in the programs and may provide allowances to children and youth in the department's custody;

(5) Be responsible to collect, interpret, and publish statistics relating to children and youth within the department;

(6) Conduct studies of any program, service, or facility developed, operated, contracted for, or supported by the department in order to evaluate its effectiveness;

(7) Establish staff development and other training and educational programs designed to improve the quality of departmental services and programs and may establish educational or training programs for children, youth, parents, or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance, delinquency, and other disabilities in children and youth; and

(8) Develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under the department's care.

NEW SECTION. Sec. 4. (1) There is established a state advisory council on children and family services consisting of fifteen members, appointed by the governor, including at least five persons who are child care professionals, one child psychiatrist licensed to practice medicine in this state, at least one attorney, and at least three youth members between eighteen and twenty-five years of age at the date of their appointment. The balance of the advisory council shall be representative of young persons, parents, and others interested in the delivery of services to children and youth. Members of the council shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall serve terms of two years. No person may serve for more than two consecutive terms. The director is an ex officio member of the council without vote and shall attend its meetings. The council shall elect a chairman and vice chairman to act in the chairman's absence.

(2) The council shall meet monthly, and more often upon the call of the chairman or the director or on the written request of five of the members. A majority of the council constitutes a quorum. The council has complete access to all records of the institutions and facilities of the department in furtherance of its duties, while at all times protecting the right of privacy of all individuals involved.

(3) The duties of the council are to:

(a) Recommend to the director programs, legislation, or other matters which will improve services for children and families;

(b) Annually review and advise the director regarding the director's proposed budget;

(d) Issue an annual report to the governor within sixty days following the end of each fiscal year concerning its activities, and such other reports and recommendations as it deems necessary and appropriate.

NEW SECTION. Sec. 5. The governor shall, after consultation with the advisory council on children and family services, appoint a director of children and family services who shall be the administrative head of the department. The director shall devote full time to the duties of the office.

NEW SECTION. Sec. 6. The director or the director's designee shall:

(1) Establish or contract for the use of a variety of facilities and services for identification, evaluation, discipline, rehabilitation, aftercare, treatment, and care of children and youth in need of the department's services;

(2) Administer in a coordinated and integrated manner all institutions and facilities which are or may come under the jurisdiction of the department and may appoint advisory groups for any such institution or facility;

(3) Encourage the development of programs and the establishment of facilities for children and families by public or private agencies and groups;

(4) Enter into cooperative arrangements with public or private agencies outside the state;

(5) Insure that all children under the director's supervision have adequate food, clothing, shelter and adequate medical, dental, psychiatric, psychological, social, religious, and other services;

(6) Provide, in the director's discretion, needed service to any municipality, agency, or person, whether or not the person is committed to the director;

(7) Adopt and enforce rules for the internal operation and administration of the department;

(8) Undertake, contract for, or otherwise stimulate research concerning children and youth;

(9) Appoint such professional, technical, and other personnel as may be necessary for the efficient operation of the department;

(10) Coordinate the activities of the department with those of other state departments, municipalities, and private agencies concerned with providing services for children and youth and their families;

(11) Act as administrator of the interstate compact on juveniles when so designated by the governor in accordance with RCW 13.24.020;

(12) Provide or arrange for the provision of suitable education for every child under the director's supervision, either in public schools, special educational programs, private schools, educational programs within the institutions or facilities under the department's jurisdiction, or work and training programs otherwise provided by law. The suitability of educational programs provided by the director is subject to review by the superintendent of public instruction;

(13) Submit to the advisory council, for its comment, proposals for new policies or programs and the proposed budget for the department; and

(14) Have any and all other powers and duties as are necessary to administer the department and implement the purposes of this chapter.

NEW SECTION. Sec. 7. All reports, documents, surveys, books, records, files, papers or other writings in the possession of the department of social and health services and pertaining to the functions affected by section 1 of this act shall be delivered to the custody of the department of children and family services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the powers and duties transferred by section 1 of this act shall be made available to the department of children and family services. All funds, credits, or other assets held in connection with the functions transferred by section 1 of this act shall be assigned to the department of children and family services.

Any appropriations made to the department of social and health services affected by section 1 of this act, for the purpose of carrying out the powers and duties transferred, shall, on the effective date of this act, be transferred and credited to the department of children and family services for the purpose of carrying out the transferred powers and duties.

Whenever any question arises as to the transfer of any funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred under section 1 of this act, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 8. All employees and personnel of the divisions, bureaus, and departments of the department of social and health services transferred by section 1 of this act are transferred to the jurisdiction of the department of children and family services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children and family services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 9. All rules and all pending business before the department of social and health services pertaining to matters transferred by section 1 of this act shall be continued and acted upon by the department of children and family services. All existing contracts and obligations pertaining to the functions transferred by section 1 of this act shall remain in full force and effect and shall be performed by the department of children and family services.

NEW SECTION. Sec. 10. The transfer of powers, duties, functions, and personnel under section 1 of this act does not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 11. If apportionments of budgeted funds are required because of the transfers directed by section 7 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 12. Sections 1 through 6 of this act shall constitute a new chapter in Title 26 RCW.

NEW SECTION. Sec. 13. This act shall take effect July 1, 1986.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.