AN ACT Relating to children, youth, and family programs; amending RCW 13.40.025, 13.40.027, 13.40.030, 43.121.020, 43.121.030, 43.121.040, and 43.121.060; adding a new chapter to Title 26 RCW; adding a new chapter to Title 74 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating new sections; repealing RCW 13.40.035; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds and declares that parents have the primary responsibility for meeting the needs of their children and the state has an obligation to help them discharge this responsibility when parents are unable to do so. The state has a basic obligation to promote the safety and well-being of children and to assure that the best interests of children are met through the provision of a comprehensive program of social services and facilities for children who require care, guidance, control, protection, treatment, rehabilitation, or confinement.

The legislature declares that the purpose of this chapter and the policy of the state is to achieve the consolidation of services to children, youth, and their families within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services and to increase accountability for the delivery and administration of these services; to plan, develop, and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent, and mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of their family, within the least-restrictive environment possible; and to emphasize preventive services to children, youth, and their families, in order to avoid the costs to the state of individual and family instability. It is the further purpose of this chapter to address these needs in an efficient and effective manner which minimizes administrative costs.

NEW SECTION. Sec. 2. 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 division 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 bureau of alcohol and substance abuse, to the extent the powers, duties, and functions of the bureau of alcohol and substance abuse pertain to children and youth.

NEW SECTION. Sec. 3. Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

(1) "Secretary" means the secretary 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.

(4) "County authority" means the county legislative authority, or two or more county legislative authorities if the counties are acting jointly under this chapter.

(5) "Fund" means the Washington children's defense fund as created in section 28 of this act.

NEW SECTION. Sec. 4. 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, developmentally disabled, delinquent, drug or alcohol dependent, 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) Provide for a variety of services and facilities to children, youth, and their families, which shall include, but not be limited to:

(a) Protective services;

(b) Preplacement, preventive services, and reunification services;

(d) Mental health inpatient and outpatient services;

(e) Drug and alcohol inpatient and outpatient services;

(f) Residential and institutional facilities;

(g) Aftercare and follow-up services;

(h) Adoption and permanent placement services;

(i) Evaluation, diagnostic, and treatment services; and

(j) Foster care services;

(2) Provide services to children, youth, and their families to prevent children and youth from becoming abused, neglected, dependent, or delinquent, to prevent alcohol and drug abuse, and to prevent mental illness and emotional disorders among children and youth;

(3) Prepare and maintain a written case plan for each child under its supervision or custody, which shall include but not be limited to a description of the child's problems, the care and treatment of the child, and any other services to be provided to the child and his or her family. Each case plan must be designed to achieve any placement of the child outside of his or her home in the least-restrictive setting available and in close proximity to the child's home, consistent with the best interests and special needs of the child;

(4) Conduct a written review at least every six months of the case plan for each child under its supervision of custody for the purpose of determining whether the plan is appropriate;

(5) Develop a central case-management system that will provide coordinated information on client progress, including the client's entry and exit from the system, assessment of the client's needs, development and review of the case plan, and evaluation and monitoring of the client's progress;

(6) License, register, and monitor all residential and nonresidential child care facilities, including but not limited to institutions, child placement adoption agencies, day care centers, family day care homes, group day care homes, group homes, and foster homes, unless otherwise exempted by law. The department shall establish, implement, and follow procedures and standards compatible with due process of law with respect to removal of a child from the home, a change in the placement of a child who is under the supervision or custody of the department, and any other actions by the department that may affect legal rights of a child in his or her family;

(7) Monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with standards, policies, and procedures adopted by the department;

(8) 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;

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

(10) Be responsible to collect, interpret, and publish data relating to children, youth, and families within the department;

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

(12) 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;

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

(14) In furtherance of the purpose established in this section, the department of children and family services and the department of social and health services shall execute an interagency agreement to ensure the coordination necessary to prevent a loss of, or gap in, service to those children remaining under the purview of divisions or bureaus remaining within the department of social and health services.

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

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

(1) Supervise, direct, and account for the administration and operation of the department, its divisions, subdivisions, offices, functions, and employees;

(2) Appoint and determine the salary of the following assistants who may be removed from office by the secretary and who shall have such powers, duties, and functions in the administration and operation of the department as may be assigned by the secretary:

(a) An assistant for the division of child welfare and child protective services for policy development and field operations;

(b) An assistant for the division of juvenile rehabilitation;

(d) An assistant for the division of children's mental health;

(e) An assistant for the division of administrative and support services;

(3) Establish, consolidate, or abolish such divisions, subdivisions, and offices within the department or transfer or combine the powers, duties, and functions of the divisions, subdivisions, and offices within the department as the secretary may deem necessary. However, all powers, duties, and functions required and assigned by law to the department shall be provided for and maintained;

(4) Develop a biennial state children and family services program that incorporates the use of homebuilders and homemakers, county biennial needs assessments, county children and family services plans, and state services for children and their families. The secretary may also develop a six-year state children and family services plan;

(5) Assure coordination of services consistent with state minimum standards for individuals who are released from state institutions or state-operated facilities into the community to assure a continuum of care;

(6) Assure that the special needs of minorities, the disabled, and low-income persons are met;

(7) Establish a standard contract or contracts, consistent with state minimum standards, that shall be used by the counties;

(8) Establish, to the extent possible, a standardized auditing procedure that minimizes paperwork requirements of county authorities and licensed service providers;

(9) Establish criteria to evaluate the performance of counties in administering children and family services as established under this chapter. Evaluation of children and family services shall include all categories of services, all types of treatment given, the number of people treated, and costs related thereto;

(10) Maintain such state-operated facilities throughout the state as may be required for the effective and efficient operation of the department;

(11) Adopt an official seal or seals for the department;

(12) Prepare a proposed budget for the operation of the department to be submitted for the consideration of the governor and the legislature as directed under this chapter;

(13) Make such reports in such form containing such information as the federal government may require in order to obtain federal aid and comply with such provisions as the federal government may find necessary to assure the correctness and verification of such reports;

(14) 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;

(15) 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;

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

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

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

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

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

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

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

(23) 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;

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

(25) Provide or arrange for the provision of suitable education for every child under the secretary'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 secretary is subject to review by the superintendent of public instruction;

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

(27) 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. The governor's juvenile justice advisory committee which was established by executive order EO-82-21 is moved to the department of children and family services.

NEW SECTION. Sec. 8. Each county authority shall:

(1) Submit biennial needs assessments beginning January 1, 1990, and children and family services plans that incorporate all services provided for by the county authority consistent with state minimum standards and that provide access to services as outlined in this chapter.

The county authority shall develop the biennial needs assessment based on clients to be served, services to be provided, and the cost of those services. The plan may include input from the public, clients, and licensed services providers. Each county authority may appoint a county children and family services advisory board to review and provide comments on plans and policies developed by the county authority under this chapter. The composition of the board shall be broadly representative by the demographic character of the county and the children and families served therein. Length of terms of board members shall be determined by the county authority;

(2) Contract as needed with licensed service providers. The county authority may, in the absence of a licensed service provider entity pursuant to minimum standards required for licensing by the department for purposes of providing services not available from licensed service providers, operate as a licensed service provider if it deems that doing so is more efficient and cost-effective than contracting for services. When doing so, the county authority shall comply with rules promulgated by the secretary that provide measurements to determine if a county provided service is more efficient and cost-effective. If a county authority chooses to operate as a licensed service provider, the secretary shall act as the county authority for that service; and

(3) Monitor and perform biennial fiscal audits of licensed service providers who have contracted with the county to provide services required by this chapter. The monitoring and audit shall be performed by means of a formal process that ensures that the licensed service providers and professionals meet the terms of their contracts, including the minimum standards of management and service delivery as established by the department.

NEW SECTION. Sec. 9. Any agreement between two or more county authorities for the establishment of a children and family services plan shall provide that:

(1) Each county bears a share of the cost of developing the plan for the counties; and

(2) The treasurer of one participating county is the custodian of funds made available for purposes of children and family services and that the treasurer may make payments from such funds upon audit by the appropriate auditing officer of that county.

NEW SECTION. Sec. 10. Grants shall be made by the department to counties based upon the children and family services plan developed by the county or counties totalling not less than ninety-five percent of available resources. A county may use up to forty percent of the remaining five percent to provide community pilot projects, including prevention and early intervention programs for children and their families, and the remainder shall be used for emergency need, technical assistance, and staff support in developing the plan.

NEW SECTION. Sec. 11. The county authority shall make satisfactory showing to the secretary that state funds are in no case used to replace local funds from any source being used to finance children and family services prior to July 1, 1989.

NEW SECTION. Sec. 12. In order to comply with this chapter, and before any funds are allocated, each county authority shall submit a children and family services program plan to the secretary for prior review and approval.

NEW SECTION. Sec. 13. The secretary shall prepare a proposed budget for the operation of the department to be submitted for the consideration of the governor and the legislature. The department shall be operated within the limitation of the biennial appropriation and any other funds appropriated by the legislature.

NEW SECTION. Sec. 14. The secretary shall make an annual report to the governor and the legislature on the department's operations and render such other reports as the governor or legislature may request by law.

Sec. 15. Section 3, chapter 299, Laws of 1981 as last amended by section 8, chapter 288, Laws of 1986 and RCW 13.40.025 are each amended to read as follows:

(1) There is established a juvenile disposition standards commission within the department of children and family services to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

(2) The commission shall be composed of the secretary of children and family services or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

(3) The secretary or the secretary's designee shall serve as chairman of the commission.

(4) The secretary of children and family services shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

(6) The commission shall meet at least once every three months.

Sec. 16. Section 4, chapter 299, Laws of 1981 as amended by section 9, chapter 288, Laws of 1986 and RCW 13.40.027 are each amended to read as follows:

(1) It is the responsibility of the commission to: (a) (i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally and (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion. The committee shall propose modifications to the legislature regarding subsection (1)(a)(ii) of this section by January 1, 1987; (b) solicit the comments and suggestions of the juvenile justice community concerning disposition standards; and (c) develop and propose to the legislature modifications of the disposition standards in accordance with RCW 13.40.030.

(2) It is the responsibility of the department of children and family services to: (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; (b) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c) provide the commission with recommendations for modification of the disposition standards.

Sec. 17. Section 57, chapter 291, Laws of 1977 ex. sess. as last amended by section 1, chapter 73, Laws of 1985 and RCW 13.40.030 are each amended to read as follows:

(1) (a) The juvenile disposition standards commission shall propose to the legislature no later than November 1st of each even-numbered year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards proposed for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards proposed by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing proposed disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

(b) The secretary of children and family services shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each even-numbered year. At the same time the secretary of children and family services shall submit a report on security at juvenile facilities during the preceding two-year period. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department of children and family services shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

(2) If the commission fails to propose disposition standards as provided in this section, the existing standards shall remain in effect and may be adopted by the legislature or referred to the commission for modification as provided in subsection (3) of this section. If the standards are referred for modification, the provisions of subsection (4) shall be applicable.

(3) The legislature may adopt the proposed standards or refer the proposed standards to the commission for modification. If the legislature fails to adopt or refer the proposed standards to the commission by February 15th of the following year, the proposed standards shall take effect without legislative approval on July 1st of that year.

(4) If the legislature refers the proposed standards to the commission for modification on or before February 15th, the commission shall resubmit the proposed modifications to the legislature no later than March 1st. The legislature may adopt or modify the resubmitted proposed standards. If the legislature fails to adopt or modify the resubmitted proposed standards by April 1st, the resubmitted proposed standards shall take effect without legislative approval on July 1st of that year.

(5) In developing and promulgating the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

Sec. 18. Section 2, chapter 4, Laws of 1982 as last amended by section 3, chapter 351, Laws of 1987 and RCW 43.121.020 are each amended to read as follows:

(1) There is established in the ((~~executive office of the governor~~)) department of children and family services a Washington council for the prevention of child abuse and neglect subject to the jurisdiction of the governor. As used in this chapter, "council on child abuse and neglect" means the Washington council for the prevention of child abuse and neglect.

(2) The council on child abuse and neglect shall be composed of the chairperson and ten other members as follows:

(a) The chairperson and four other members shall be appointed by the governor and shall be selected for their interest and expertise in the prevention of child abuse. A minimum of four designees by the governor shall not be affiliated with governmental agencies. A minimum of two of the designees shall reside east of the Cascade mountain range. Members appointed by the governor shall serve for two-year terms, except that the chairperson and two other members designated by the governor shall initially serve for three years. Vacancies shall be filled for any unexpired term by appointment in the same manner as the original appointments were made.

(b) The secretary of ((~~social and health~~)) children and family services or the secretary's designee and the superintendent of public instruction or the superintendent's designee shall serve as voting members of the council on child abuse and neglect.

(c) In addition to the members of the council on child abuse and neglect, four members of the legislature shall serve as nonvoting, ex officio members of the council, one from each political caucus of the house of representatives to be appointed by the speaker of the house of representatives and one from each political caucus of the senate to be appointed by the president of the senate.

Sec. 19. Section 3, chapter 4, Laws of 1982 as amended by section 87, chapter 287, Laws of 1984 and RCW 43.121.030 are each amended to read as follows:

((~~Council~~)) Members of the council on child abuse and neglect shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Attendance at meetings of the council on child abuse and neglect shall be deemed performance by a member of the duties of a member's employment.

Sec. 20. Section 4, chapter 4, Laws of 1982 and RCW 43.121.040 are each amended to read as follows:

The ((~~governor~~)) secretary of children and family services may employ an executive director who shall be exempt from the provisions of chapter 41.06 RCW, and such other staff as are necessary to carry out the purposes of this chapter. The salary of the executive director shall be fixed by the governor pursuant to RCW 43.03.040.

Sec. 21. Section 6, chapter 4, Laws of 1982 and RCW 43.121.060 are each amended to read as follows:

Programs contracted for under this chapter are intended to provide primary child abuse and neglect prevention services. Such programs may include, but are not limited to:

(1) Community-based educational programs on prenatal care, perinatal bonding, child development, basic child care, care of children with special needs, and coping with family stress; and

(2) Community-based programs relating to crisis care, aid to parents, child-abuse counseling, support groups for abusive or potentially abusive parents and their children, and early identification of families where the potential for child abuse and neglect exists.

The council on child abuse and neglect shall develop policies to determine whether programs will be demonstration or will receive continuous funding. Nothing in this chapter requires continued funding by the state.

NEW SECTION. Sec. 22. 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 2 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 2 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 2 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 2 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 2 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. 23. All employees and personnel of the divisions and bureaus of the department of social and health services transferred by section 2 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. 24. All rules and all pending business before the department of social and health services pertaining to matters transferred by section 2 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 2 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. 25. The transfer of powers, duties, functions, and personnel under section 2 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. 26. If apportionments of budgeted funds are required because of the transfers directed by section 2 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. 27. The department of social and health services shall identify all statutory changes necessary to ensure the smooth transfer of powers and responsibilities of all functions provided for in section 2 of this act. The department shall further develop the 1989-91 biennial budget request for the functions provided for in section 2 of this act, which shall include budgetary proposals designed to implement chapter 74.14A RCW. The statutory and budgetary proposals shall be submitted to the appropriate committees of the senate and house of representatives by January 1, 1990.

NEW SECTION. Sec. 28. (1) There is created in the state treasury a fund to be known as the Washington children's defense fund.

(2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the fund may be spent only after appropriation by statute.

(3) All earnings from investment of balances in the fund, except as provided in RCW 43.84.090, shall be deposited in the fund.

NEW SECTION. Sec. 29. Moneys in the fund may be appropriated by the legislature only to the department of children and family services, the department of community development, the superintendent of public instruction, and other state agencies that provide services and support for children, youth, and their families for the following programs and purposes:

(1) Prevention and early intervention services;

(2) Services for abused and neglected children;

(3) Maternal and child health services;

(4) Early childhood education;

(5) Child care;

(6) Family support services, including homemakers and homebuilders;

(7) Out-of-home placements;

(8) Children's mental health services;

(9) Developmental disabilities services;

(10) Prevention and treatment of substance abuse;

(11) Juvenile rehabilitation;

(12) The women, infant, and children nutrition program;

(13) Emergency services for homeless children;

(14) Increasing the availability of prenatal, delivery, and postnatal care for pregnant women and infants and the availability of health care for children;

(15) Increasing the payment standard for aid to families with dependent children;

(16) Basic skills learning assistance programs including learning disabilities, with emphasis on testing for dyslexia;

(17) Programs for handicapped children;

(18) Programs for at-risk children and children from economically disadvantaged and minority backgrounds; and

(19) Other programs that promote the health, protection, welfare, and education of children and their families, including the Washington state advisory council on children and family services.

NEW SECTION. Sec. 30. Moneys may be appropriated from the fund only to provide support and services in addition to such support and services as would be provided if the support and service levels of the programs eligible for funds from the fund for the biennium ending June 30, 1989, adjusted in future biennia to reflect the impact of population change and inflation in the state, were fully funded in the biennium ending June 30, 1991, and in subsequent biennia. Nothing in this chapter shall prohibit additional funding from other sources of the agencies, programs, and purposes eligible for funds under this chapter.

NEW SECTION. Sec. 31. (1) To assist the governor and the legislature in determining which programs and purposes should be supported with appropriations from the fund or with any other state appropriations whether fund moneys or other state or federal funds are being spent in an efficient and effective manner that minimizes administrative costs, an oversight committee, to be known as the Washington state advisory council on children and family services, is established. The council shall have the authority to analyze the current and emerging needs of children in the state and to review and evaluate the efficiency and effectiveness of programs supported by the fund and other state or federal moneys in meeting these needs.

(2) All agency reports concerning program performance, including administrative review, quality control, and other internal audit or performance reports, which are requested by the council, shall be furnished by the agency requested to provide such report.

(3) The council shall annually report to the governor and the legislature. The council's annual report shall include findings and recommendations on matters relating to the council's purposes as defined in this section.

(4) The council shall consist of fifteen members. Eleven of the members shall be appointed by the governor, including at least three persons who are child care professionals, one child psychiatrist licensed to practice medicine in this state, and at least one attorney. Six members shall be experienced authorities on the programs eligible for funding by the fund and five of whom shall be representatives of the general public. One member of the council shall be selected by the two largest political caucuses in each house of the state legislature. The chair of the council shall be designated by the governor from among the representatives of the general public.

(5) The initial members shall be appointed within sixty days of the effective date of this section. Of the initial members, four nonlegislative members and one legislative member shall be appointed for three years, four nonlegislative members and two legislative members shall be appointed for two years, and three nonlegislative members and one legislative member shall be appointed for one year. A legislative member shall serve as long as he or she is a member of the caucus from which he or she was appointed. Successors to the initial members shall serve for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed for the remainder of such term. Vacancies shall be filled within sixty days of their occurrence.

(6) Nonlegislative members of the council shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed pursuant to RCW 44.04.120.

NEW SECTION. Sec. 32. A new section is added to chapter 82.08 RCW to read as follows:

There is levied and shall be collected, as of July 1, 1989, an additional tax on each retail sale in this state equal to one-half of one percent of the selling price. The moneys collected as a result of the increases specified in this section shall be deposited in the general fund for transfer to the Washington children's defense fund.

NEW SECTION. Sec. 33. A new section is added to chapter 82.12 RCW to read as follows:

There is levied and shall be collected, as of July 1, 1989, an additional tax on each use by any person of property subject to tax under RCW 82.12.020 equal to one-half of one percent of the value of the article used by the taxpayer. For purposes of computing the tax under this chapter, the rate of this additional tax shall be added to the rate in effect for the retail sales tax under RCW 82.08.020, in the county in which the article is used. The moneys collected as a result of the increase specified in this section shall be deposited in the general fund for transfer to the Washington children's defense fund.

NEW SECTION. Sec. 34. The director of revenue shall immediately take all necessary steps, within the authority granted to the director under RCW 82.01.060, to ensure that any new or increased taxes imposed to carry out the purposes of this act are assessed and collected on the applicable effective date of such tax increases.

NEW SECTION. Sec. 35. A portion of the moneys collected under sections 32 and 33 of this act shall be used to enforce a caseload limit of twenty-five contemporaneous cases for child protective service caseworkers.

NEW SECTION. Sec. 36. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.

NEW SECTION. Sec. 37. (1) Sections 1 through 14 of this act shall constitute a new chapter in Title 26 RCW.

(2) Sections 28 through 31 of this act shall constitute a new chapter in Title 74 RCW.

NEW SECTION. Sec. 38. Section 56, chapter 155, Laws of 1979 and RCW 13.40.035 are each repealed.

NEW SECTION. Sec. 39. 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.

NEW SECTION. Sec. 40. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.