AN ACT Relating to foster care; amending RCW 74.15.040; reenacting and amending RCW 13.34.130; adding new sections to chapter 74.15 RCW; and adding a new section to chapter 74.13 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 74.15 RCW to read as follows:

The department shall immediately establish a task force to identify the barriers to becoming a foster parent that currently exist and recommend legislative or administrative strategies to alleviate or curtail the identified barriers. The task force shall consist of eleven members as follows: (1) Six foster parents from various socioeconomic and cultural backgrounds who shall be chosen by the secretary; (2) two staff persons from the department of social and health services whose primary responsibility at the department is in the foster care area; (3) the chair of the senate children and family services committee; (4) the chair of the house of representatives human services committee; and (5) a representative from a private foster care agency. The task force shall prepare a report to the legislature on the identified barriers and suggested solutions by January 1, 1990.

Sec. 2. Section 4, chapter 188, Laws of 1984 as amended by section 2, chapter 189, Laws of 1988, section 2, chapter 190, Laws of 1988, and by section 1, chapter 194, Laws of 1988 and RCW 13.34.130 are each reenacted and amended to read as follows:

If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

(1) The court shall order one of the following dispositions of the case:

(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home and that:

(i) There is no parent or guardian available to care for such child;

(ii) The child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian;

(iii) The parent, guardian, or legal custodian is not willing to take custody of the child;

(iv) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

(v) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

(2) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

(a) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

(b) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement.

(c) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(d) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

(3) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

(4) The status of all children found to be dependent shall be reviewed by the court at least every six months at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. For every dependency action in which a child has been removed from his or her home and placed in foster care, the agency charged with developing or monitoring the permanency plan shall consult with and include the foster parents when the plan is first developed and also at each stage of the case at which the plan may be reviewed, modified, or changed.

(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

(b) If the child is not returned home, the court shall establish in writing:

(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion;

(ii) The extent to which the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

(iii) Whether the agency is satisfied with the cooperation given to it by the parents;

(iv) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered; and

(v) When return of the child can be expected.

(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

NEW SECTION. Sec. 3. A new section is added to chapter 74.15 RCW to read as follows:

(1) "Special problems" means children who have exhibited behavioral or emotional problems or are intellectually or physically handicapped.

(a) Children who would most often be considered as having behavioral or emotional problems are children who exhibit at least three of the following behaviors:

(i) Regular use of an illicit drug;

(ii) Regular overindulgence of alcohol;

(iii) Poor school adjustment or truancy;

(iv) Sexual acting out;

(v) Frequent shoplifting or other thefts;

(vi) Habitual running away;

(vii) Demonstrated property destruction in own home or foster home;

(viii) Regular peer conflict which may require action by foster parents;

(ix) Significant sleep problems which may cause disruption in the normal sleeping patterns of foster parents;

(x) Destructive attention-seeking behavior which may demand extra attention by foster parents;

(xi) Frequent noncompliance with requests of parents, teachers, or other authority figures;

(xii) Failure to use normal cautions in using potentially flammable substances;

(xiii) Soiling and enuresis over age six;

(xiv) Extremely bizarre behavior, such as frequently displaying odd facial grimaces, bizarre eating habits, seems to or reports hearing voices or noises, responds to internal stimuli, and is withdrawn and fearful of adults.

(b) Children who can be considered as having an intellectual or physical handicap are those children who, by definition, meet the service eligibility criteria for the division of developmental disabilities services, assuming they meet two of the following criteria:

(i) Requires physical assistance from foster parent with feeding, dressing, bathing, or toileting;

(ii) Needs the physical help of a foster parent in order to be mobile;

(iii) Needs regular and organized physical therapy by a foster parent under the orders or direction of a professional;

(iv) Needs medication administered by a foster parent on a regular basis upon a physician's orders;

(v) Needs physical assistance by a foster parent for drainage of ileum conduit or colostomy;

(vi) Requires suctioning, mist tent, and the like which is performed by the foster parent;

(vii) Nonambulatory;

(viii) Epileptic child who has uncontrollable seizures;

(ix) Awaiting institutional placement;

(x) Habitually wanders unless closely supervised;

(xi) Failure to thrive below the third percentile.

(2) There is established a three-tiered rate system for foster care reimbursement as follows:

(a) Level I: Foster parents with less than two years' experience as foster parents in this state or any other state who accept one to two children without "special problems" shall be paid a flat monthly rate of two hundred fifty dollars per child.

(b) Level II: Foster parents with less than four years' experience in this state or any other state who accept one or more children with special problems per year and who complete the minimum training requirements shall be paid a flat monthly rate of three hundred fifty dollars per child.

(c) Level III: Foster parents who have more than four years' experience in this state or any other state and who accept more than one child per year or accept a child with special problems and who complete the advanced training requirements shall be paid a flat monthly rate of five hundred dollars per child.

(3)(a) The minimum training requirements shall be as follows: Orientation as currently required in the licensing process; preservice training; and fosterparentscope.

(b) The advanced training requirements shall be as follows: Six hours of foster parent preservice training; fosterparentscope; specialized training for children with special needs, such as developmental disabilities and behavioral problems; and twelve hours of continuing education.

(c) The department shall develop and produce the training and continuing education that is required under this section. The department may use existing community and department resources in developing and producing the training and education that is required.

NEW SECTION. Sec. 4. A new section is added to chapter 74.13 RCW to read as follows:

The department of social and health services shall not pay a monthly retainer to receiving homes to ensure the availability of bed space. The department shall pay a fee of fifty dollars per month in addition to the daily rate for placement provided that the receiving home accepts more than one child per month or accepts at least one handicapped or seriously mentally disturbed child per month.

Sec. 5. Section 4, chapter 172, Laws of 1967 as last amended by section 7, chapter 118, Laws of 1982 and RCW 74.15.040 are each amended to read as follows:

An agency seeking to accept and serve children, developmentally disabled persons, or expectant mothers as a foster-family home shall make application for license in such form and substance as required by the department. The department shall maintain a list of applicants through which placement may be undertaken. However, agencies and the department shall not place a child, developmentally disabled person, or expectant mother in a home until the home is licensed. The department shall not grant licenses to persons who are homosexuals. Foster-family homes shall be inspected prior to licensure, except that inspection by the department is not required if the foster-family home is under the supervision of a licensed agency upon certification to the department by the licensed agency that such homes meet the requirements for foster homes as adopted pursuant to chapter 74.15 RCW and RCW 74.13.031.

NEW SECTION. Sec. 6. A new section is added to chapter 74.15 RCW to read as follows:

Before placing a child with a foster family, the department shall disclose to the foster parents whether the child has tested positively for any sexually transmitted disease as that term is defined in RCW 70.24.017(13).