AN ACT Relating to dependent children; adding new sections to chapter 74.13 RCW; adding a new section to chapter 13.32A RCW; adding a new section to chapter 13.34 RCW; making appropriations; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. Absent conditions of abuse, neglect, or some complex medical or developmental disability, the legislature believes the best interests of children are served when they are in their own homes. The legislature further believes that the state should not infringe on parental authority or the right of children to remain in their homes, unless children are threatened by the presence of abuse or neglect.

The legislature finds that the foster care system plays an important role in preserving families and giving consistent and nurturing care to children placed in its care. The legislature further finds that foster parents play an integral and important role in the system and particularly in the child's chances for the earliest possible reunification with his or her family.

NEW SECTION. Sec. 2. Preservice training is recognized as a valuable tool to reduce placement disruptions, the length of time children are in care, and foster parent turnover rates. Preservice training also assists potential foster parents in making their final decisions about foster parenting and assists social service agencies in obtaining information about whether to approve potential foster parents. All licensed foster parent applicants shall complete formal foster parent preservice training that includes information about the potential impact of placement on foster children; social service agency administrative processes; the requirements, responsibilities, expectations, and skills needed to be a foster parent; attachment, separation, and loss issues faced by birth parents, foster children, and foster parents; child management and discipline; birth family relationships; and helping children leave foster care. Preservice training shall assist applicants in making informed decisions about whether they want to be foster parents. Preservice training shall be designed to enable the agency to assess the ability, readiness, and appropriateness of families to be foster parents. As a decision tool, effective preservice training provides potential foster parents with enough information to make an appropriate decision, affords potential foster parents an opportunity to discuss their decision with others and consider its implications for their family, clarifies foster family expectations, presents a realistic picture of what foster parenting involves, and allows potential foster parents to consider and explore the different types of children they might serve.

NEW SECTION. Sec. 3. The sum of two hundred thirty-two thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, solely for mandatory preservice training for all licensed foster parent applicants.

NEW SECTION. Sec. 4. Regular on-site monitoring of foster homes to assure quality care improves care provided to children in family foster care. An on-site monitoring program shall be established by the department to assure quality care and regularly identify problem areas. The department shall report to the legislature by June 1 of every odd-numbered year, beginning with June 1, 1991, the results of the monitoring, including identified problem areas, and make policy recommendations to improve the quality of foster care based on the results of the monitoring. Monitoring shall be done by the department on a random sample basis of no less than ten percent of the total licensed family foster homes licensed by the department on July 1 of every even-numbered year.

NEW SECTION. Sec. 5. The sum of three hundred sixty-nine thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, solely for the purposes of section 4 of this act.

NEW SECTION. Sec. 6. The legislature finds that regular and ongoing program review of child protective services, child welfare services, and foster care is essential to agencies and the legislature in making informed recommendations and decisions regarding policy in the delivery of services to children and their families. The department of social and health services shall contract, through the request for proposal process, with an independent qualified agency for a comprehensive evaluation of these programs. The evaluation shall be based on findings secured through a generally accepted audit procedure based on a statistically significant state-wide sampling of data. The department shall cooperate with the contractor to meet the requirements of this section.

NEW SECTION. Sec. 7. The sum of two hundred ninety-one thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, solely for the purposes of section 6 of this act.

NEW SECTION. Sec. 8. The legislature recognizes the need for temporary short-term relief for foster parents who care for children with special needs as provided in chapter 74.08 RCW. For purposes of this section, respite care means appropriate, temporary, short-term care for special needs children placed with licensed foster parents. The purpose of this care is to give the foster parents temporary relief from the stresses associated with the care of these children. The department shall design a program of respite care that will serve foster parents with priorities based on input from foster parents, foster parent associations, and reliable research if available. Respite care shall be provided in a setting least disruptive to the child. Respite care providers shall be subject to the conditions and requirements of licensing contained under chapter 74.15 RCW.

NEW SECTION. Sec. 9. The sum of seven hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, to carry out the purposes of section 8 of this act. Of the total appropriation, no more than twenty-five thousand dollars shall be expended on development of the respite program.

NEW SECTION. Sec. 10. A new section is added to chapter 13.32A RCW to read as follows:

In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent a compelling reason to the contrary, shall ascertain and follow the wishes of the natural parent regarding the placement of the child. Preferences such as family constellation, ethnicity, and religion shall be given high priority when matching children to foster homes.

NEW SECTION. Sec. 11. A new section is added to chapter 13.34 RCW to read as follows:

NEW SECTION. Sec. 12. (1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency may share information about the child and the child's family with the care provider and may consult with the care provider regarding the child's case plan.

(2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law.

(3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.

NEW SECTION. Sec. 13. To provide stability to children in out-of-home care, placement selection shall be made with a view toward the fewest possible placements for each child. If possible, the initial placement shall be viewed as the only placement for the child. The use of short-term interim placements of thirty days or less to protect the child's health or safety while the placement of choice is being arranged is not a violation of this principle.

NEW SECTION. Sec. 14. (1) Whenever a child has been placed in a foster family home by the department or a child-placing agency and the child has thereafter resided in the home for at least ninety consecutive days, the department or child-placing agency shall notify the foster family at least five days prior to moving the child to another placement, unless:

(a) A court order has been entered requiring an immediate change in placement;

(b) The child is being returned home;

(d) The child is residing in a receiving home or a group home.

(2) This section is intended solely to assist in minimizing disruption to the child in changing foster care placements. Nothing in this section shall be construed to require that a court hearing be held prior to changing a child's foster care placement nor to create any substantive custody rights in the foster parents.

NEW SECTION. Sec. 15. Adequate foster parent training has been identified as directly associated with increasing the length of time foster parents are willing to provide foster care and reducing the number of placement disruptions for children. Placement disruptions can be harmful to children by denying them consistent and nurturing support. Foster parents have expressed the desire to receive training in addition to the foster parent SCOPE training currently offered. Foster parents who care for more demanding children, such as children with severe emotional or physical handicaps, would especially benefit from additional training. The department shall develop additional training for foster parents that focuses on skills to assist foster parents in caring for emotionally or physically handicapped children.

NEW SECTION. Sec. 16. The sum of forty-two thousand five hundred dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, for post foster parent SCOPE training for a minimum of one hundred foster parents who are willing to care for special needs children as provided in chapter 74.08 RCW.

NEW SECTION. Sec. 17. The sum of three million one hundred eighty-five thousand five hundred dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, to increase foster home and receiving home payments by fifteen percent each year.

NEW SECTION. Sec. 18. The sum of five hundred twenty-four thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, to increase administrative fees for private child-care placement agencies.

NEW SECTION. Sec. 19. The average basic rate of reimbursement to foster parents for children placed in their care often does not cover the total cost of care. Studies have identified that increasing rates is directly related to increasing the number of available foster homes and positively influences the decision of foster parents to provide care.

NEW SECTION. Sec. 20. The sum of three million one hundred eighty-five thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1991, for an average basic rate increase of fifteen percent for licensed family foster care and receiving home care.

NEW SECTION. Sec. 21. Private child placement agencies offer a valuable service to the state. Caseloads are limited to no more than twenty-five per caseworker allowing the agencies to provide quality services. Child placement agencies are funded by a variety of public and private sources. Over the last several years, administration costs have risen in both public and private agencies.

NEW SECTION. Sec. 22. The sum of five hundred twenty-four thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services, for the biennium ending June 30, 1991, for an average administrative rate increase of fifty percent for private child placement agencies.

NEW SECTION. Sec. 23. Sections 1, 2, 4, 6, 8, and 12 through 15 of this act are each added to chapter 74.13 RCW.

NEW SECTION. Sec. 24. This act shall take effect July 1, 1990.