SENATE BILL REPORT

E2SSB 6191

BYSenate Committee on Ways & Means (originally sponsored by Senators Craswell, Wojahn and Garrett)

Establishing local citizen substitute care review boards for juveniles.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 14, 1988; January 21, 1988

Majority Report:  That Substitute Senate Bill No. 6191 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Garrett, McDonald, Stratton.

Senate Staff:Jean Soliz (786-7755)

                  January 22, 1988

Senate Committee on Ways & Means

Senate Hearing Date(s):February 2, 1988; February 5, 1988

Majority Report:  That Second Substitute Senate Bill No. 6191 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bauer, Deccio, Gaspard, Hayner, Johnson, Lee, Newhouse, Saling, Vognild, Warnke, Williams, Wojahn, Zimmerman.

Senate Staff:Jan Sharar (786-7715)

                  February 22, 1988

AS PASSED SENATE, FEBRUARY 16, 1988

BACKGROUND:

Washington's substitute care system for children who do not live with their families is dysfunctional for many reasons.  The service system has become out of balance, functioning as a crisis placement system with an insufficient focus on assisting families to avoid the need to remove children or on reunifying families once a child has been removed. 

Children are often in temporary situations for months at a time before the court reviews evidence of abuse or neglect to determine dependency.  If dependency is found, children may spend years in one or many foster homes before any decisions are made about their permanent status.

Parents are allowed only minimal input and visitation during the course of the intervention system and the substitute placement process.

The Department of Social and Health Services will experience a $17 million shortfall in the foster care budget at the end of the biennium.

SUMMARY:

Citizen review panels are established throughout the state under the administration of the Washington Supreme Court through the office of the administrator of the courts.

The purpose of the panels is to conduct periodic reviews regarding the appropriateness of removing a child, whether an attempt was made to place the child with relatives, the efforts made to heal the family, and the ongoing situation of a child while she or he remains in substitute care.  The panel monitors efforts being made to limit each child's time in temporary care and makes advisory recommendations to the court and to the Department of Social and Health Services.

Local panel members are appointed by juvenile court judges at the rate of one panel for every 100 children in foster care.  The panels are comprised of three or five citizens who are then trained and sworn to confidentiality.

Parents and all concerned parties are given time to speak to the impartial panel. The panel then makes written recommendations to the juvenile court which must be reviewed by court personnel within ten days.  The court, the panel or any involved party may request a court hearing.

The child's file will be reviewed within 180 days of the time a child leaves home. Parents may request one expedited review within the first six months. Detailed requirements assure that the court receives a prompt report regarding any child removed from his or her family, and the court must refer the case to the panel within 10 days after receiving the report.

Panel members may not be employees of the Department of Social and Health Services, the juvenile court, or of any entity that contracts with the department to provide services to clients of the Division of Children and Family Services.  Cases which involve Indian children must be reviewed by the local Indian Child Welfare Advisory Committee or a panel approved by that committee.

All agency files are available to the panel, and parents receive notice of each stage of the process.  Children who are in substitute care pursuant to written consent of the parent(s) will also be reviewed.  Confidentiality guidelines and court review standards are created in compliance with federal law.  Liability exemptions are included to protect panel members from lawsuit if their recommendations were made in good faith.

Appropriation:    undetermined

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1989

Senate Committee - Testified: CHILDREN & FAMILY SERVICES:  Rodney R. Herling, Washington Association of Juvenile Court Administrators; Eric Pettigrew, Washington State Alliance for Children, Youth & Families; Janet McLane from the Office of Administrator of the Courts; Kathrine Briar, Assistant Secretary, Department of Social and Health Services

Senate Committee - Testified: WAYS & MEANS:  No one