SENATE BILL REPORT

SB 5065

BYSenators Craswell, Smith, Stratton and Bailey

Creating a citizen review board system for cases involving substitute care of children.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 12, 1989; January 30, 1989

Majority Report:  That Substitute Senate Bill No. 5065 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  February 1, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1989; March 3, 1989

Majority Report:  That Second Substitute Senate Bill No. 5065 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Matson, Newhouse, Owen, Saling, Smith, Wojahn.

Senate Staff:Jan Sharar (786-7715)

                  March 6, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 3, 1989

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 may experience a shortfall in the foster care budget during the next biennium.

SUMMARY:

Citizen review panels are established in King, Pierce, Snohomish, Yakima, Spokane, Clark and Kitsap counties, under the administration of the Washington Supreme Court through the Office of the Administrator of the Courts.  Other counties have the option of using a citizen review process by notifying the Supreme Court.  Within 45 days of notification, the Supreme Court must notify the superior court of the policies and procedures to be followed in establishing citizen review boards.

Each board shall be made up of five members appointed by the local juvenile court who are trained and sworn to confidentiality.  The members must meet certain requirements before they can be chosen to serve on the board.

The boards are 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 he or she remains in foster care.

The procedures for a review system are established including a method for dealing with potential conflicts of interest that may arise.

If a child is placed pursuant to parental consent and not a dependency petition, within 45 days from the start of the placement, the department shall assign the case to a review board. The board shall review the case at the following times: 90 days following the start of the placement; 6 months following the start of the placement; 1 year following the start of the placement unless the child is no longer in placement.  Each time the board conducts a review of the case, it must prepare written findings and recommendations about its decision.

If a child is placed pursuant to a dependency proceeding, within 45 days from the start of the placement, the department must assign the matter to a board.  The board shall review the matter at the following times: 90 days following the start of the placement; 6 months following the start of the placement; 1 year following the start of the placement.  Within 18 months following the start of placement, the court must hold a permanency planning hearing.  After the 18 month review, the board and the court shall alternate reviewing the matter every 6 months until the child is no longer in substitute care, is not within the jurisdiction of the court or an adoption or guardianship decree has been entered.  Each time the board conducts a review of the case, it must prepare written findings and recommendations about its decision.

If the department does not agree with the board's recommendations following a review, the department shall submit its plan to the board.  If the board does not agree with the department's plan, the board may review the matter again or schedule the matter before the court.  There are certain circumstances under which the board must file the matter with the court for review.

A review system is established for dependency cases that were initiated before the effective date of this bill.

EFFECT OF PROPOSED SUBSTITUTE:

The process is tightened to remove much of the board's discretion and some of the court's discretion when the board's written findings and recommendations conflict with the department's implementation plan.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

A one-year period is provided for phase-in of the citizen review process in counties specified in the bill.  A clause is added as a new section making the act null and void if funding is not provided in the omnibus appropriations act.

Appropriation:    $2.2 million

Fiscal Note:      available

Senate Committee - Testified: CHILDREN & FAMILY SERVICES:  Marie Jack, Snohomish County Early Citizen Review Project (pro); Marilyn Gunther, Coalition of Concerned Citizens (pro); Katharine Briar, Assistant Secretary, Children, Youth and Family Services, DSHS; Mary Opgenorth, Department of Assigned Counsel, Pierce County (against); Laura Crawford, attorney (pro)

Senate Committee - Testified: WAYS & MEANS:  No one