SENATE BILL REPORT

SB 5659

BYSenators Wojahn, Talmadge, Kreidler, Fleming, Kiskaddon and Nelson; by request of Office of the Governor

Providing for services for the protection of children.

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):February 18, 1987; March 3, 1987

Majority Report:  That Substitute Senate Bill No. 5659 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler, Tanner.

Senate Staff:Jean Soliz (786-7755)

                  March 5, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 6, 1987

Majority Report:  That Second Substitute Senate Bill No. 5659 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Fleming, Kreidler, McDonald, Moore, Owen, Rinehart, Saling, Talmadge, Vognild, Williams, Zimmerman.

Senate Staff:Suzanne Petersen (786-7715)

                  March 6, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1987

BACKGROUND:

Several legislative hearings regarding Child Protective Services were held in which agency personnel expressed confusion about legislative intent as to service priorities.  Additional testimony referred to various statutory problems, the efficacy of Child Protective Services and legislative recommendations in a DSHS internal review report.

The Governor appointed a task force to review current statutes and agency procedures related to child abuse cases.  In response to recommendations from the child abuse task force, the Governor submitted legislation which modifies the juvenile dependency and the abuse of children chapters.

SUMMARY:

The mission statement of Child Protective Services is clarified to include investigatory duties and the provision of social services.  The duty to protect the child is declared to take priority over the duty to preserve the parent-child relationship, and child abuse is specifically defined.

DSHS is required to conduct a study to assess whether screening for child abuse and neglect based on a risk assessment model is feasible and effective.  DSHS is required to establish criteria for determining when intervention will not return families to adequate functioning.

Strategies are to be developed to maintain and periodically review investigation records, and a log of screened-out cases must be maintained.  DSHS is further instructed to develop a reasonable caseload standard.

DSHS must begin reporting the names of convicted or admitted child abusers from the Central Registry to schools and licensing boards.  Children who are alleged to be victims of abuse may be interviewed out of the presence of their parents and without notice to their parents.

In disposition hearings after a dependency has been found, parents are given the right to review the DSHS proposed disposition plan and submit an oral or written alternative plan.  Termination of the parent-child relationship is simplified in cases where the parental deficiency cannot reasonably be expected to be corrected.

EFFECT OF PROPOSED SUBSTITUTE:

The intent language of the child abuse and juvenile dependency chapters is clarified regarding a child's right to safety.  A guardian ad litem shall be appointed in all contested proceedings in which child abuse is alleged, but appointment of a guardian is discretionary in uncontested proceedings.  In juvenile dependency disposition proceedings the department must allow parents to review the proposed disposition plan five days prior to the hearing and the plan must be presented in a form understandable to the parents.

A child's developmental ability to articulate or understand a situation must be taken into consideration in decisions to return a child home.  Proof must be offered that parents' problems are not likely to be remedied within a reasonable period of time in all terminations except those initiated because of an abandonment.

The current law is retained to generally, rather than specifically, define child abuse.  The child protective services definition is expanded to include referrals.  The department retains the responsibility to investigate all incidents that may constitute abuse or neglect.  When a medical practitioner refers a case to children's protective services and renders an expert opinion that abuse or neglect has occurred, the department must seek a dependency unless a second medical practitioner and the children's protective services agree that no abuse or neglect has occurred.

A mandate that the department conduct caseload standards is deleted.  The families in conflict chapter intent language restricts parental discipline to age-appropriate measures.

Appropriation:    $40,000 to the criminal justice training commission; $250,000 to DSHS

Fiscal Note:      available

EFFECT OF PROPOSED SECOND SUBSTITUTE:

DSHS will be responsible, in conjunction with appropriate consultants, for developing a plan for a children's services staff training academy.

The appropriation section is stricken.

Senate Committee - Testified: HUMAN SERVICES & CORRECTIONS: Maggie Kennedy, Childhaven; Ken Steely, Bill of Rights Legal Foundation; Bailey de Iongh, King County Public Defender; Steve Johnston, Pierce County Juvenile Court; Dr. Eric Trupin, Governor's Task Force on Child Protective Services

Senate Committee - Testified: WAYS & MEANS:  Senator Ann Anderson