SENATE BILL REPORT
SB 6191
BYSenators 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 8, 1988
AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 5, 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, 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.
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 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 is first reviewed within 45 days of the time a child leaves home. Detailed requirements assure that the court receives a prompt report regarding any child that has been removed from his or her family, and the court must refer the case to the panel within 10 days after receiving the report.
All agency files are available to the panel, and parents receive notice of each stage of the process. No agency employees or contracting entity employees may be panelists.
EFFECT OF PROPOSED CHILDREN & FAMILY SERVICES SUBSTITUTE:
The Office of the Administrator of the Courts is required to monitor the local review panels for consistency of standards and impartiality, and local panels will be staffed through the juvenile courts.
The panels may be composed of either three or five members and are to monitor whether an attempt was made to first place the child with relatives, in addition to their other duties.
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.
Children who are in substitute care pursuant to written consent of the parent(s) will be reviewed. Confidentiality guidelines and court review standards are strengthened to bring the state into compliance with federal law. Liability exemptions are broadened to protect panel members from lawsuit if their recommendations were made in good faith.
Guardian ad litem duties are left unspecified subject to the direction of the court, except that they shall monitor the child's well-being in substitute care with respect to health, safety and conditions of minimal nurture.
Guardianship and child care situations are exempted from the review system. Court reviews may be requested by parents or other guardians, the department or the local review panels.
EFFECT OF PROPOSED WAYS & MEANS SUBSTITUTE:
Persons who have been foster parents within the last two years are allowed to serve on citizen review boards. The department is allowed to go to court if there are significant problems with citizen review board findings. The department is not required to implement the citizen review board recommendations and modify the case plan if there are inadequate resources.
Appropriation: $2,057,000
Revenue: none
Fiscal Note: available
Effective Date:The bill contains an emergency clause and sections 1, 2, 3, 16 and 19 take effect immediately.
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