S-4706               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 6789

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senate Committee on Children & Family Services (originally sponsored by Senators Smith, Stratton, Bailey, Talmadge, Patrick, Vognild, Johnson, Metcalf, Thorsness and Amondson)

 

 

Read first time 1/31/90.

 

 


AN ACT Relating to the department of children, youth, and families; amending RCW 43.17.010 and 43.17.020; adding a new chapter to Title 43 RCW; adding a new section to chapter 41.06 RCW; and creating new sections.

 

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

 

          NEW SECTION.  Sec. 1.     The legislature finds and declares that children embody the future potential and best hope of securing and strengthening the American way of life.  It is among the most central purposes of society to support, nurture, and educate children.  The legislature recognizes that healthy families provide the most abundant and most effective source of this needed support, nurturing, and education. Therefore, a primary goal of all public involvement in the lives of children should be to strengthen the healthy family unit. Strong family units are ensured through active and healthy community involvement.  To this end, the first priority for public efforts should be to empower communities to prevent conditions that undermine the family unit and deprive children of a stable and supportive environment.  The ultimate responsibility for the well- being of children lies with the adults and communities in which children live.

          The legislature further recognizes that instances of nonaccidental injury, neglect, death, sexual abuse, cruelty, and abandonment often result from poverty, substance abuse, dissolution, and other conditions that undermine the family and jeopardize children.  In these cases, the legislature intends for the communities and public and private agencies to respond to the needs of children and their families in the least restrictive way needed to heal, reunite, and strengthen the family to provide a stable, consistent, secure, and nurturing environment for the child.  In cases where families can be shown to be clearly unable or unwilling to provide safe, consistent, stable, and nurturing environments, the legislature intends to support communities in providing alternative environments for the child that are safe, consistent, stable, and nurturing.

          The legislature intends to deliver services through a coordinated system that engenders cooperation and support between state and county/regional employees, services providers, and recipients and provides for accountability for success and failure in service delivery.  All efforts to empower and strengthen families and children shall be culturally relevant and emphasize education, training, and emotional empowerment of parents and include community involvement in decision-making, in delivering services, and in generating local support to meet unmet needs.

          The delivery system is intended to emphasize education, training, and emotional empowerment of parents as an approach to assisting and protecting children.  The new department and its regional systems shall seek to develop a stable structure appropriate to the current societal environment, which emphasizes parenting education and other prevention programs.  In order to accomplish this purpose, the system shall seek to ensure that children in the state have adequate food, clothing, shelter, and parenting, as well as mental and physical health services.

          For these reasons, the legislature recognizes the need to create a single department in state government to empower communities to support children and families.  A department of children, youth, and families will respond to the needs of individual families and children and focus public policy on community strategies that empower families as they seek to preserve and protect their children, and support alternative environments for children who are out of the care of their family.

          It is also the purpose of this chapter to ensure that children in need of mental health care and treatment receive the care and treatment appropriate to their developmental level, and to enable treatment decisions to be made in response to clinical needs and in accordance with good professional judgment while also recognizing parents' rights to participate in treatment decisions of their children.  Children with developmental disabilities shall also be ensured care and treatment appropriate to their developmental level and parents' rights to participate with professionals regarding these needs shall be recognized.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Community support services" means foster care, child care, and family support services for children, youth, and families that are experiencing problems, and includes residential care and counseling for children and adults who are in severe conflict with their families where families are unable or unwilling to provide a minimal acceptable level of safe, secure, consistent, and nurturing environment in which the child or youth can grow and learn in a healthy way.

          (2) "Department" means the department of children, youth, and families.

          (3) "Regional interagency council for children, youth, and families" means the local governmental authority responsible for coordinating programs within a county or region.

          (4) "Secretary" means the secretary of the department.

 

          NEW SECTION.  Sec. 3.     (1) There is hereby created a department of state government to be known as the department of children, youth, and families.  The department shall be vested with all powers and duties transferred to it by this act and such other powers and duties as may be authorized by law.  The main administrative office of the department shall be located in the city of Olympia.  The secretary may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the department, and if consistent with the principles set forth in subsection (2) of this section.        (2) The department of children, youth, and families shall be organized consistent with the goals of providing state government with a focus on children, youth, and families and serving the people of this state.  The legislature recognizes that the secretary needs sufficient organizational flexibility to carry out the department's various duties.  To the extent practical, the secretary shall consider the following organizational principles:

          (a) Clear lines of authority which avoid functional duplication within and between subelements of the department;

          (b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public;

          (c) Maximum span of control without jeopardizing adequate supervision;

          (d) A substate or regional organizational structure for the department's children, youth, and families programs and activities that encourages joint working agreements with local school boards and health departments and that is consistent between programs; and

          (e) Decentralized authority and responsibility, with clear accountability.

          (3) The department shall provide leadership and coordination in identifying and resolving threats to children, youth, and families by:

          (a) Working with local and regional governments to strengthen the state and local governmental partnership in providing programs for children, youth, and families;

          (b) Developing intervention strategies;

          (c) Providing expert advice to the executive and legislative branches of state government;

          (d) Providing active and fair enforcement of rules;

          (e) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing programs for children,youth, and families;

          (f) Providing information to the public; and

          (g) Carrying out such other related actions as may be appropriate to this purpose.

          (4) In accordance with the administrative procedure act, chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment by the department's clients before the adoption of standards, guidelines, and rules.

          (5) Consistent with the principles set forth in subsection (2) of this section, the secretary may create such administrative divisions, offices, bureaus, and programs within the department as the secretary deems necessary.  The secretary shall have complete charge of and supervisory powers over the department, except where the secretary's authority is specifically limited by law.

          (6)  The secretary shall appoint such personnel as are necessary to carry out the duties of the department in accordance with chapter 41.06 RCW.

          (7) The secretary shall appoint such deputy secretaries, assistant secretaries, and other administrative positions as deemed necessary consistent with the principles set forth in subsection (2) of this section.  All persons who administer the necessary divisions, offices, bureaus, and programs, and five additional employees shall be exempt from the provisions of chapter 41.06 RCW.  The officers and employees appointed under this subsection shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the state civil service law.

 

          NEW SECTION.  Sec. 4.     It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the secretary in order that the secretary may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require.  Therefore, whenever the secretary's authority is not specifically limited by law, the secretary shall have complete charge and supervisory powers over the department.  The secretary may create such administrative structures as the secretary considers appropriate, except as otherwise specified by law.  The secretary may employ such assistants and personnel as may be necessary for the general administration of the department.  This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

 

          NEW SECTION.  Sec. 5.     The executive head and appointing authority of the department shall be the secretary of the department of children, youth, and families.  The secretary shall be appointed by, and serve at the pleasure of, the governor in accordance with RCW 43.17.020.   The secretary shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

 

          NEW SECTION.  Sec. 6.     Any power or duty vested in or transferred to the secretary by law, or executive order, may be delegated by the secretary to the deputy director or to any other assistant or subordinate; but the secretary shall be responsible for the official acts of the officers and employees of the department.

 

          NEW SECTION.  Sec. 7.     The secretary may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department.  The secretary may also appoint state-wide committees or councils on such subject matters as are or come within the department's responsibilities.  The state-wide committees and councils shall have representation from both major political parties and shall have substantial consumer representation.  The committees or councils shall be constituted as required by federal law or as the secretary may determine.  The members of the committees or councils shall hold office as follows:  One-third to serve one year; one-third to serve two years; and one-third to serve three years.  Upon expiration of the original terms, subsequent appointments shall be for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member may serve more than two consecutive terms.

          Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

          NEW SECTION.  Sec. 8.     In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law.  Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds.  Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department.  If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

 

          NEW SECTION.  Sec. 9.     In addition to any other powers granted the secretary, the secretary may:

          (1) Adopt, in accordance with chapter 34.05 RCW, rules  necessary to carry out the provisions of this chapter;

          (2) Appoint such advisory committees as may be necessary to carry out the provisions of this act.  Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.  The secretary shall review each advisory committee within his or her jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed.  The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;

          (3) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems necessary to carry out the provisions of this chapter;

          (4) Enter into contracts on behalf of the department to carry out the purposes of this chapter;

          (5) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of this chapter; or

          (6) Accept gifts, grants, or other funds.

 

          NEW SECTION.  Sec. 10.    All powers, duties, and functions of the department of social and health services, in the following divisions and bureaus of the department of social and health services, are transferred to the department of children, youth, and families:

          (1) The division of children and family services;

          (2) The division of juvenile rehabilitation;

          (3) 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 their families;

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

          (5) The office of support enforcement;

          (6) The division 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 and their families;

          (7) The division of income assistance, to the extent the powers, duties, and functions of the division of income assistance pertain to children and youth and their families.  All references to the secretary or department of social and health services in the Revised Code of Washington shall be construed to mean the secretary or department of children, youth, and family services when referring to the functions transferred in this section.

 

          NEW SECTION.  Sec. 11.    All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred in section 10 of this act shall be delivered to the custody of the department of children, youth, and families.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred shall be made available to the department of children, youth, and families.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of children, youth, and families.

          Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of children, youth, and families.

          Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, 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. 12.    All employees of the department of social and health services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of children, youth, and families.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children, youth, and families 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. 13.    All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of children, youth, and families.  All existing contracts and obligations shall remain in full force and shall be performed by the department of children, youth, and families.

 

          NEW SECTION.  Sec. 14.    The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed before the effective date of this section.

 

          NEW SECTION.  Sec. 15.    If apportionments of budgeted funds are required because of the transfers directed by sections 11 through 14 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. 16.    Nothing contained in sections 10 through 15 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

 

          NEW SECTION.  Sec. 17.    All powers, duties, and functions of the department of community development in the following programs are transferred to the department of children, youth, and families:

          (1) The early childhood education assistance program;

          (2) The homeless shelter program; and

          (3) The community action agency network.

          All references to the director or the department of community development in the Revised Code of Washington shall be construed to mean the secretary or the department of children, youth, and families when referring to the functions transferred in this section.

 

          NEW SECTION.  Sec. 18.    All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community development pertaining to the powers, functions, and duties transferred in section 17 of this act shall be delivered to the custody of the the department of children, youth, and families.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community development in carrying out the powers, functions, and duties transferred shall be made available to the department of children, youth, and families.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of children, youth, and families.

          Any appropriations made to the department of community development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of children, youth, and families.

          Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, 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. 19.    All employees of the department of community development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of children, youth, and families. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children, youth, and families 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. 20.    All rules and all pending business before the department of community development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of children, youth, and families.  All existing contracts and obligations shall remain in full force and shall be performed by the department of children, youth, and families.

 

          NEW SECTION.  Sec. 21.    The transfer of the powers, duties, functions, and personnel of the department of community development shall not affect the validity of any act performed before the effective date of this section.

 

          NEW SECTION.  Sec. 22.    If apportionments of budgeted funds are required because of the transfers directed by sections 18 through 21 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. 23.    Nothing contained in sections 17 through 22 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

 

          NEW SECTION.  Sec. 24.    The department of children, youth, and families and the department of social and health services, the department of community development, and the office of the superintendent of public instruction shall execute an interagency agreement to ensure the coordination necessary to empower families and communities as they seek to provide safe, secure, consistent, and nurturing environments for children.

 

          NEW SECTION.  Sec. 25.    The legislature hereby establishes a system of regional interagency councils for children, youth, and families to encourage the development of integrated region-based and region-managed children, youth, and family activities and services with adequate local flexibility to assure eligible families in need of care access to the least restrictive services appropriate to their needs.  To assure this regional system, the secretary shall assist in the development of a locally controlled system of regional interagency councils for children, youth, and families.  By December 1, 1991, the secretary shall recognize regional interagency councils for children, youth, and families requested by regions.

 

          NEW SECTION.  Sec. 26.    (1) Regional interagency councils for children, youth, and families shall develop two-year children, youth, and family programs that incorporate regional biennial needs assessments and interagency service plans, goals of local school districts and public health departments related to the protection of family and community health, and protective services consistent with the intent and requirements of this chapter.  Plans shall be updated biennially.

          In these regional interagency service plans, the regional interagency councils for children, youth, and families shall address the needs of children, youth, and families by planning for access to supportive services, associations, and strategies that will strengthen the healthy family unit and reduce or prevent conditions that undermine the family unit.  Such plans shall address, at a minimum, strategies to increase parental involvement in child care and in developmental and educational services.  Such plans shall also address, at a minimum, strategies, associations, and supportive services to reduce the use and abuse of alcohol and illegal substances by children and their parents, and interpersonal violence and intentional injury to children and their families.  These strategies and methods should reduce the incidence and the average length of stay in out-of-home care by children.

          (2) The programs shall strive for the following:

          (a) To serve children and families in the least restrictive setting appropriate, in their own homes or in close proximity to the family home, consistent with the best interests and special needs of the child;

          (b) To ensure that appropriate social and health services are provided to the child and family, before removing a child from the home and after family reunification, until the child reaches majority;

          (c) To develop coordinated social and health services that:

          (i) Focus all support through a single point of access;

          (ii) Identify early signs of problems experienced by children, youth, and their families and offer adequate, effective, and appropriate opportunities for the child, youth, or family to make these problems less severe, rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop requiring long-term treatment, maintenance, or custody;

          (iii) Reduce duplication of and gaps in service delivery; and

          (iv) Develop outcome standards for measuring the effectiveness of social and health services for children, youth, and families.

          (3) Regional interagency councils for children, youth, and families shall provide leadership and coordination in identifying and resolving threats to children, youth, and families as follows:

          (a) Working with local school boards, public health departments, and governments to strengthen the state and local government partnership to empower families and communities to provide safe, protective, and nurturing environments for children;

          (b) Developing appropriate intervention strategies;

          (c) Providing expert advice to the executive and legislative branches of state government;

          (d) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing children, youth, family, and community support measures;

          (e) Providing information to the public; and

          (f) Carrying out such other related actions as may be appropriate.

 

          NEW SECTION.  Sec. 27.    In participating counties, all state or federal funds for activities authorized under this chapter, except as excluded by federal law, shall be allocated to regional interagency councils for children, youth, and families.  In nonparticipating counties, funds shall be allocated to the department to implement support programs for children, youth, and families based on the same distribution formula.

 

          NEW SECTION.  Sec. 28.    (1) The department, in consultation with affected parties, shall establish a distribution formula that reflects county needs assessments based on:

          (a) The number of at-risk children;

          (b) The number of children in out-of-home placements;

          (c) The number of recipients of aid to families with dependent children and participants in the family independence program;

          (d) The number of child protective services cases ranked according to risk;

          (e) The rate of detention for juveniles;

          (f) Social and economic indicators;

          (g) The number of convictions for crimes against children;

          (h) The number of convictions for crimes related to illegal drug and alcohol use;

          (i) The number of child and teenage suicides;

          (j) The school dropout rate; and

          (k) Children's mental health needs assessments.

          (2) The department shall submit a proposed distribution formula in accordance with this section to the ways and means and health care and corrections committees of the senate and to the ways and means and human services committees of the house of representatives by January 1, 1992.  The formula shall also include a projection of the funding allocations that will result for each county, which specifies allocations according to priority populations, including the allocation for services to children and other underserved populations.

 

          NEW SECTION.  Sec. 29.    The implementation of regional interagency councils for children, youth, and families, or the secretary's assumption of those responsibilities under this chapter, shall be included in all federal and state plans affecting the state's children, youth, and families, including at least those required by this chapter and applicable federal law.  Nothing in these plans may be inconsistent with the intent and requirements of this chapter.

 

          NEW SECTION.  Sec. 30.    The secretary shall:

          (1) Disburse funds for the regional interagency councils for children, youth, and families that are ready to implement programs by April 1, 1992, or within sixty days after approval of the biennial contract with the regional interagency council for children, youth, and families.  The department shall either approve or reject the biennial contract within sixty days of receipt;

          (2) Enter into biennial contracts with regional interagency councils for children, youth, and families to begin implementation between April 30, 1992, and June 30, 1992, and complete implementation by June 1995.  The contracts shall be consistent with available resources.  No contract may be approved that does not include progress toward meeting the goal of this chapter by taking responsibility for (a) institutions, (b) foster care, (c) child care, and (d) child protective and child welfare services;

          (3) By July 1, 1995, allocate one hundred percent of available resources to regional interagency councils for children, youth, and families in single block grants to each council.  The grants shall include funds currently provided for all residential and foster care services and shall be distributed in accordance with a formula submitted to the legislature by January 1, 1992, based on the distribution formula in section 28 of this act; and

          (4) Notify regional interagency councils for children, youth, and families of their allocation of available resources at least sixty days before the start of a new biennial contract period.

 

          NEW SECTION.  Sec. 31.    By December 31, 1991, all counties wishing to be recognized as regional interagency councils for children, youth, and families on March 31, 1992, shall submit their plans, including administrative and management responsibilities, to deliver services throughout their region.  In nonparticipating counties, the secretary shall assume all duties assigned to counties under this chapter.

          To supersede duties assigned under section 26 of this act and to assure a region-based, integrated system of services and strategies for children, youth, and families that provide and strengthen families and provide the needed support, nurturing, and education to prevent conditions that undermine the family unit, the secretary shall encourage the development of regional interagency councils for children, youth, and families.

          By April 1, 1992, the secretary shall recognize regional interagency councils for children, youth, and families requested by counties or groups of counties.

 

          NEW SECTION.  Sec. 32.    (1) The state center for children, youth, and families is hereby created under the department's authority.  The center shall serve as the clearinghouse for information concerning innovations in children, youth, and family issues aimed at reducing events that weaken a family's ability to provide for its children and at providing care for children who have no parents able or willing to provide care.  Information from the clearinghouse shall be available on request to the children, youth, and family networks.  The center shall also provide technical assistance to regional interagency councils for children, youth, and families on the issues of community protection and prevention of violence toward children, youth, and families, particularly sexual exploitation.

          (2) The secretary shall review any data collected pursuant to this chapter to:

          (a) Identify high priority children, youth, and family issues that require study or evaluation.  Such issues may include, but are not limited to:

          (i) Evaluation of outcomes of children, youth, and family interventions to assess their benefit to the people of the state;

          (ii) Evaluation of specific population groups to identify needed changes in children, youth, and family support services;

          (iii) Evaluation of the risks and benefits of various incentives aimed at individuals for both preventing family dysfunction and improving community and state support for children, youth, and families.

          (b) Create a list of issues to study, specifying the objectives of each study, the study timeline, the specific improvements in the ability of communities to support children, youth, and families expected as a result of the study, and the estimated cost of the study.

          (3) Any data, research, or findings obtained at the center may be made available to the general public, including health professionals; regional interagency councils for children, youth, and families; health and children, youth, and family associations; the governor; professional boards; regulatory agencies; and any person or group who has provided data for the center.

 

          NEW SECTION.  Sec. 33.    The secretary shall:

          (1) Develop a biennial state children, youth, and family program that incorporates regional biennial needs assessments and regional children, youth, and family service plans and state services;

          (2) Assure that any local children, youth, and family program provides access to support and care for the region's children, youth, and families including but not limited to the following:

          (a) Children and youth who have run away from home or are in such serious conflict with their families that they are no longer attending school or work;

          (b) Children and youth who are experiencing abuse and neglect;

          (c) Children and youth who are experiencing negligent treatment or maltreatment;

          (d) Children and youth who are experiencing sexual exploitation;

          (e) Children and youth who are themselves experiencing addiction to or abuse of alcohol or drugs or who are in recovery from such addiction;

          (f) Children and youth who are living with others who are addicted to or abusing alcohol or drugs;

          (g) Children who suffer from emotional disorders or mental illness and are living with their family;

          (h) Children who are developmentally disabled; and

          (i) Children who are discharged from state or local institutions.

 

        Sec. 34.  Section 1, chapter 10, Laws of 1979 as last amended by section 810, chapter 9, Laws of 1989 1st ex. sess. and RCW 43.17.010 are each amended to read as follows:

          There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fisheries, (6) the department of wildlife, (7) the department of transportation, (8) the department of licensing, (9) the department of general administration, (10) the department of trade and economic development, (11) the department of veterans affairs, (12) the department of revenue, (13) the department of retirement systems, (14) the department of corrections, (15) the department of community development, ((and)) (16) the department of health, and (17) the department of children, youth, and families, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

 

        Sec. 35.  Section 2, chapter 10, Laws of 1979 as last amended by section 811, chapter 9, Laws of 1989 1st ex. sess. and RCW 43.17.020 are each amended to read as follows:

          There shall be a chief executive officer of each department to be known as:  (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fisheries, (6) the director of wildlife, (7) the secretary of transportation, (8) the director of licensing, (9) the director of general administration, (10) the director of trade and economic development, (11) the director of veterans affairs, (12) the director of revenue, (13) the director of retirement systems, (14) the secretary of corrections, (15) the director of community development, ((and)) (16) the secretary of health, and (17) the secretary of children, youth, and families.

          Such officers, except the  secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor.  The director of wildlife, however, shall be appointed according to the provisions of RCW 77.04.080.  If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.  A temporary director of wildlife shall not serve more than one year.  The  secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.

 

          NEW SECTION.  Sec. 36.    A joint legislative task force is hereby created to review existing laws governing children, youth, and families to report and make recommendations to the senate committee on children and family services and the house of representatives committee on human services by October 31, 1990. The task force shall consider the ongoing validity of these laws in view of the creation of the department of children, youth, and families, and whether rewriting or recodification of these laws is necessary or appropriate.  The task force shall review the following chapters of the Revised Code of Washington:

Chapter 13.06 RCW;

Chapter 13.16 RCW;

Chapter 13.32A RCW;

Chapter 13.32 RCW;

Chapter 13.40 RCW;

Chapter 13.70 RCW;

Chapter 26.18 RCW;

Chapter 26.44 RCW;

Chapter 28A.34 RCW;

Chapter 28A.34A RCW;

Chapter 28A.120 RCW;

Chapter 28A.130 RCW;

Chapter 43.20A RCW;

Chapter 43.20B RCW;

Chapter 43.63A RCW;

Chapter 70.96A RCW;

Chapter 70.123 RCW;

Chapter 71.24 RCW;

Chapter 71.34 RCW;

Chapter 72.05 RCW;

Chapter 72.16 RCW;

Chapter 72.19 RCW;

Chapter 72.20 RCW;

Chapter 74.12 RCW;

Chapter 74.13 RCW;

Chapter 74.14A RCW;

Chapter 74.14B RCW;

Chapter 74.15 RCW;

Chapter 74.21 RCW;

Chapter 74.22 RCW;

Chapter 74.23 RCW;

Chapter 74.26 RCW;

Chapter 74.29 RCW;

Chapter 74.32 RCW; and

Chapter 74.50 RCW.

 

          NEW SECTION.  Sec. 37.    Sections 1 through 9, 11, and 25 through 33 of this act shall constitute a new chapter in Title 43 RCW.