AN ACT Relating to children and family services; amending RCW 13.40.025, 13.40.027, 13.40.030, 43.121.020, 43.121.030, 43.121.040, 43.121.060, 9A.16.100, 74.13.032, and 13.32A.130; reenacting and amending RCW 26.44.030, 5.60.060, and 74.13.031; adding a new chapter to Title 26 RCW; adding a new section to chapter 13.32A RCW; adding new sections to chapter 74.13 RCW; adding a new section to chapter 74.14B RCW; creating new sections; repealing RCW 13.40.035; making appropriations; providing an effective date; 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 family stability and preserve the family as a unit whenever feasible and protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities for children and their families 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, developmentally disabled, 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 and early intervention services to children, youth, and their families, in order to avoid the costs to the state of individual and family instability.

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;

(4) The division of health, to the extent the powers, duties and functions of the division of health pertain to children and youth;

(5) The division of developmental disabilities, to the extent the powers, duties, and functions of the division of developmental disabilities pertain to children and youth; and

(6) 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.

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. (1) There is established an advisory council on children and family services consisting of nine members, 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. The balance of the advisory council shall be representative of young persons, parents, and others interested in the delivery of services to children and youth. Members of the council shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall serve terms of two years. No person may serve for more than two consecutive terms. The secretary is an ex officio member of the council without vote and shall attend its meetings. The council shall elect a chairman and vice chairman to act in the chairman's absence.

(2) The council shall meet monthly, and more often upon the call of the chairman or the secretary or on the written request of five of the members. A majority of the council constitutes a quorum. The council has complete access to all records of the institutions and facilities of the department in furtherance of its duties, while at all times protecting the right of privacy of all individuals involved.

(3) The duties of the council are to:

(a) Recommend to the secretary programs, legislation, or other matters which will improve services for children and families;

(b) Annually review and advise the secretary regarding the secretary's proposed budget;

(d) Issue an annual report to the governor within sixty days following the end of each fiscal year concerning its activities, and such other reports and recommendations as it deems necessary and appropriate.

NEW SECTION. Sec. 6. The governor shall, after consultation with the 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. 7. 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, with the written approval of the governor, of the following directors who may be removed from office by the secretary with the written approval of the governor, 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) A director of the division of child welfare and child protective services‑-policy, who shall be know as the director of child welfare and child protective services‑-policy development;

(b) A director of the division of juvenile rehabilitation who shall be known as the director of juvenile rehabilitation;

(c) A director of the division of children and family services-field operations who shall be known as the director of field operations for children and family services;

(d) A director of the division of children with developmental disabilities who shall be known as the director of children with developmental disabilities;

(e) A director of the division of alcohol and substance abuse who shall be known as the director of children's alcohol and substance abuse services;

(f) A director of the division of children's mental health who shall be known as the director of children's mental health services;

(g) A director of the division of administrative and support services, who shall be known as the director 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, with the written approval of the governor, 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 county biennial needs assessments and 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. 8. (1) A juvenile justice advisory committee is established within the department of children and family services, consisting of the following members appointed by and serving at the pleasure of the governor:

(a) Two court administrators;

(b) Two attorneys;

(d) Four representatives of the department of social and health services;

(e) One educator;

(f) Two judges;

(g) Three representatives of prosecuting attorneys;

(h) One police chief;

(i) Four adult citizen members; and

(j) Five youth citizen members.

(2) The juvenile justice advisory committee shall serve in an advisory capacity as required by federal law. The committee shall establish priorities for the granting of federal juvenile delinquency and delinquency prevention funds. The committee shall submit its recommendations for improvement of the juvenile system, at least annually, to the governor and the legislature.

(3) The advisory committee shall:

(a) Provide analysis of juvenile delinquency problems;

(b) Advise on the development and coordination of juvenile justice programs; and

(4) Members of the advisory committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. The secretary, in cooperation with the department directors, 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. 15. The secretary, in cooperation with the advisory council, 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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.

Sec. 29. Section 1, chapter 39, Laws of 1988 and section 2, chapter 142, Laws of 1988 and RCW 26.44.030 are each reenacted and amended to read as follows:

(1) When any practitioner, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, clergy, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. The report shall be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect.

(2) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.

(3) The department, upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to sexual abuse, shall report such incident in writing to the proper law enforcement agency.

(4) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent or developmentally disabled person who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them.

(5) Any county prosecutor or city attorney receiving a report under subsection (4) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

(6) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services or department case services for the developmentally disabled. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child or developmentally disabled person. Information considered privileged by statute and not directly related to reports required by this section shall not be divulged without a valid written waiver of the privilege.

(7) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.

(8) Persons or agencies exchanging information under subsection (6) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.

(9) Upon receiving reports of abuse or neglect, the department or law enforcement agency may interview children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. Parental notification of the interview shall occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation.

(10) Upon receiving a report of incidents, conditions, or circumstances of child abuse and neglect, the department shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

(11) The department shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.

(12) The department of social and health services shall, within funds appropriated for this purpose, use a risk assessment tool when investigating child abuse and neglect referrals. The tool shall be used, on a pilot basis, in three local office service areas. The department shall, within funds appropriated for this purpose, offer enhanced community-based services to persons who are determined not to require further state intervention.

The department shall report to the ways and means committees of the senate and house of representatives on the use of the tool by December 1, 1988. The report shall include recommendations on the continued use and possible expanded use of the tool.

(13) Upon receipt of such report the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.

Sec. 30. Section 294, page 187, Laws of 1854 as last amended by section 1501, chapter 212, Laws of 1987 and by section 11, chapter 439, Laws of 1987 and RCW 5.60.060 are each reenacted and amended to read as follows:

(1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

(2) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

(3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs, except where the confession discloses child abuse or neglect as defined in RCW 26.44.020(12).

(4) Subject to the limitations under RCW 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

(5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

Sec. 31. Section 1, chapter 149, Laws of 1986 and RCW 9A.16.100 are each amended to read as follows:

It is the policy of this state to protect children from assault and abuse and to encourage parents, teachers, and their authorized agents to use methods of correction and restraint of children that are not dangerous to the children. ((~~However,~~)) Any use of force on a child for purposes of restraining or correcting the child by any person other than a parent or guardian is unlawful. The physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent((~~, teacher,~~)) or guardian for purposes of restraining or correcting the child. ((Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of restraining or correcting the child.))

The following actions are presumed unreasonable when used to correct or restrain a child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child's breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.

Sec. 32. Section 78, chapter 155, Laws of 1979 and RCW 74.13.032 are each amended to read as follows:

(1) The department shall establish, by contracts with private vendors, not less than ((~~eight~~)) sixteen regional crisis residential centers, which shall be structured group care facilities licensed under rules adopted by the department. Each regional center shall have an average of at least four adult staff members and in no event less than three adult staff members to every eight children. The staff shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, job support and school advocacy, family outreach, community and occupational support and referral, supervision, and structure to the juveniles, and carry out the responsibilities outlined in RCW 13.32A.090.

(2) The department shall, in addition to the regional facilities established under subsection (1) of this section, establish not less than ((~~thirty~~)) forty additional crisis residential centers pursuant to contract with licensed private group care or specialized foster home facilities. The staff at the facilities shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, job support and school advocacy, family outreach, community and occupational support and referral, supervision, and structure to the juveniles, and carry out the responsibilities stated in RCW 13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the centers, be carried out by the department.

Crisis residential facilities shall be operated as semi-secure facilities.

Sec. 33. Section 27, chapter 155, Laws of 1979 as last amended by section 9, chapter 257, Laws of 1985 and RCW 13.32A.130 are each amended to read as follows:

A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in such placement under the rules and regulations established for the center for a period not to exceed seventy-two hours, excluding Saturdays, Sundays, and holidays, from the time of intake, except where special care circumstances exist or as otherwise provided by this chapter. A child who is found to be eligible for special care shall reside in such placement for a period not to exceed ninety days. Crisis residential center staff shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours, excluding Saturdays, Sundays and holidays, from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the seventy-two hour period, then the person in charge shall inform the parent and child of (1) the availability of counseling services; (2) the right to file a petition for an alternative residential placement and to obtain assistance in filing the petition; and (3) the right to request a review of such a placement: PROVIDED, That at no time shall information regarding a parent's or child's rights be withheld if requested: PROVIDED FURTHER, That the department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating such services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of such statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of such statement.

NEW SECTION. Sec. 34. A new section is added to chapter 13.32A RCW to read as follows:

(1) Crisis residential center staff shall determine the availability and suitability of alternative placement based on the individual child's emotional, psychological, physical, and behavioral problems. If it is determined that the benefits of immediate intensive treatment outweigh the benefits of alternative placement, the child shall be eligible for special care and may reside at the crisis residential center for not more than ninety days.

(2) Crisis residential center staff shall provide intensive treatment to remedy or assist in the solution of exceptional emotional, psychological, physical, or behavioral problems which hamper adequate care of the child in their own homes, in foster family homes, or other child care agencies or facilities. The intensive treatment period shall be used as a planning stage to prepare the child for placement or return to the child's home.

NEW SECTION. Sec. 35. A new section is added to chapter 74.13 RCW to read as follows:

The department of social and health services shall develop, in connection with the existing homebuilders program, a five-year plan to expand existing homebuilders services in Washington state. Beginning January 1990, the homebuilders program services shall be expanded in King and Spokane counties. Beginning January 1991, the program shall be created in Clark and Benton counties. The department shall report to the legislature no later than March 1, 1991, on the implementation of the expansion.

NEW SECTION. Sec. 36. (1) The department shall establish and maintain, within funds appropriated for this purpose, an outreach and tracking program for street youth. The service shall provide counseling and advocacy including work with the family, school, place of employment, and the courts.

(2) Case managers are responsible for the daily supervision and well-being of eight youths/clients.

Clients shall be monitored through a prearranged schedule so that staff knows their whereabouts and activities both day and night. Weekends and evenings will also be structured.

(3) A toll-free number will be maintained for the youth twenty-four hours a day.

(4) The department shall maintain outreach and tracking services for one hundred street youth per year.

NEW SECTION. Sec. 37. The department shall provide, within funds appropriated for this purpose, parent/ child mediation services to resolve school and truancy problems. Referrals will be made when school problems or truancy are first identified. Volunteer mediators will meet with the child and the child's family upon referral from the school staff. Mediated agreements will be reached in which each party agrees to actions to resolve the identified problems. Tutors, for either child or parents, will be made available to aid in solution of identified school problems. The program shall attempt to serve one thousand families per year.

NEW SECTION. Sec. 38. The department shall establish, within funds appropriated for this purpose, a ten-bed, staff-secure, forty-five day assessment facility to provide assessment and referral services to youth and families. The facility staff shall provide supervision and structure. The focus shall be on assessment, treatment, and matching the needs of the child with the appropriate programs and services. The facility shall serve eighty youths per year.

NEW SECTION. Sec. 39. The department shall establish and maintain a ten-bed transition housing program for those youth voluntarily desiring to leave the streets, reunite with their families, or emancipate. The program shall provide treatment and support services focusing on independent living skills, education, and employment.

The maximum length of stay shall be ninety days. The program shall attempt to serve forty youth per year.

NEW SECTION. Sec. 40. A new section is added to chapter 74.14B RCW to read as follows:

The department of social and health services shall maintain caseload standards of twenty-five ongoing cases per caseworker and eight new cases assigned per month. The department shall, within funds provided for this purpose, hire additional caseworkers to permit the department to meet the caseload limit. A period of two years is allowed to implement this goal.

Sec. 41. Section 17, chapter 172, Laws of 1967 as last amended by section 10, chapter 170, Laws of 1987 and by section 69, chapter 505, Laws of 1987 and RCW 74.13.031 are each reenacted and amended to read as follows:

The department shall have the duty to provide child welfare services as defined in RCW 74.13.020, and shall:

(1) Develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of homeless, runaway, dependent, or neglected children.

(2) Develop a recruiting plan for recruiting an adequate number of prospective adoptive and foster homes, both regular and specialized, i.e. homes for children of ethnic minority, including Indian homes for Indian children, sibling groups, handicapped and emotionally disturbed, and annually submit the plan for review to the house and senate committees on social and health services. The plan shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."

(3) Investigate complaints of neglect, abuse, or abandonment of children, and on the basis of the findings of such investigation, offer child welfare services in relation to the problem to such parents, legal custodians, or persons serving in loco parentis, and/or bring the situation to the attention of an appropriate court, or another community agency((: PROVIDED, That an investigation is not required of nonaccidental injuries which are clearly not the result of a lack of care or supervision by the child's parents, legal custodians, or persons serving in loco parentis)). If the investigation reveals that a crime may have been committed, the department shall notify the appropriate law enforcement agency.

(4) Investigate complaints of child abuse including sexual abuse, allegedly perpetrated by third parties.

(5) Offer, on a voluntary basis, family reconciliation services to families who are in conflict.

((~~(5)~~)) (6) Monitor out-of-home placements, on a timely and routine basis, to assure the safety, well-being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and annually submit a report delineating the results to the house and senate committees on social and health services.

((~~(6)~~)) (7) Have authority to accept custody of children from parents and to accept custody of children from juvenile courts, where authorized to do so under law, to provide child welfare services including placement for adoption, and to provide for the physical care of such children and make payment of maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives children for adoption from the department shall discriminate on the basis of race, creed, or color when considering applications in their placement for adoption.

((~~(7)~~)) (8) Have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

((~~(8)~~)) (9) Have authority to purchase care for children; and shall follow in general the policy of using properly approved private agency services for the actual care and supervision of such children insofar as they are available, paying for care of such children as are accepted by the department as eligible for support at reasonable rates established by the department.

((~~(9)~~)) (10) Establish a children's services advisory committee which shall assist the secretary in the development of a partnership plan for utilizing resources of the public and private sectors, and advise on all matters pertaining to child welfare, day care, licensing of child care agencies, and services related thereto. At least one-third of the membership shall be composed of child care providers.

((~~(10)~~)) (11) Have authority to provide continued foster care or group care for individuals from eighteen through twenty years of age to enable them to complete their high school or vocational school program.

((~~(11)~~)) (12) Have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order; and the purchase of such care shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

Notwithstanding any other provision of RCW 13.32A.170 through 13.32A.200 and RCW 74.13.032 through 74.13.036, or of this section all services to be provided by the department of social and health services under subsections ((~~(4), (6), and (7)~~)) (5), (7), and (8) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No. 93-415; 42 U.S.C. 5634 et seq.; and 42 U.S.C. 5701 note as amended by P.L. 94-273, 94-503, and 95-115).

NEW SECTION. Sec. 42. A new section is added to chapter 74.13 RCW to read as follows:

A third party is a person who is neither the child's parent, the child's legal custodian, nor a person serving in loco parentis.

NEW SECTION. Sec. 43. A new section is added to chapter 74.13 RCW to read as follows:

The department of social and health services shall create a pilot project to determine the effectiveness of temporary shelters for juvenile runaways. The purpose of the program is to help maintain youth who voluntarily wish to get off the streets as well as provide services to assist the youth in returning home, where possible. The runaway centers shall provide temporary housing and services to juveniles and short-term family crisis intervention. The juvenile will stay in an on-residence facility operated by the runaway center. The intent of the legislature is to provide short-term crisis intervention, family and individual counseling, and emergency shelter care. Participation in the program is entirely voluntary. The juvenile may return home at any time.

NEW SECTION. Sec. 44. A new section is added to chapter 74.13 RCW to read as follows:

The department shall establish, by contracts with private vendors, not less than two runaway centers, which shall be licensed under rules adopted by the department. Each center shall have at least eight beds. The maximum length of stay shall be fourteen days. Each center shall have at least four adult staff members. The staff shall provide individual and family counseling to facilitate return to the family, where possible. Assessment for referral to other programs including foster placement may also be provided.

NEW SECTION. Sec. 45. A new section is added to chapter 74.13 RCW to read as follows:

The department shall establish and maintain, within funds appropriated for this purpose, a ten-home foster care cluster program. Ten foster homes will be arranged to form a cluster. The goal of the program will be to help the child develop independent living skills and facilitate skills in functioning as a member of a group. Each individual home will be staffed by one adult. Each adult shall be responsible for arranging a particular service or services for the entire cluster. These shall include but are not limited to, arranging medical care, recreational activities, providing interaction with the educational system, and other appropriate services.

The role of each adult shall be to perform advocacy, community support, occupational outreach, and client tracking.

NEW SECTION. Sec. 46. The sum of eight hundred thirty-nine thousand five hundred dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of children and family services for the street youth outreach and tracking program as established in chapter 26.__ RCW (sections 1 through 15 of this act) for the purposes of this act.

NEW SECTION. Sec. 47. The sum of eight hundred seventy thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the parent/child mediation service for the purposes of this act.

NEW SECTION. Sec. 48. The sum of one million five hundred sixty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the foster care cluster program for the purposes of this act.

NEW SECTION. Sec. 49. The sum of eighty-four thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the transition housing program for the purposes of this act.

NEW SECTION. Sec. 50. The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the staff-secure forty-five day assessment facility for the purposes of this act.

NEW SECTION. Sec. 51. Sections 1 through 15 of this act shall constitute a new chapter in Title 26 RCW.

NEW SECTION. Sec. 52. Section 56, chapter 155, Laws of 1979 and RCW 13.40.035 are each repealed.

NEW SECTION. Sec. 53. 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 July 1, 1989.

NEW SECTION. Sec. 54. 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.