MORNING SESSION
Senate Chamber, Olympia, Wednesday, March 7, 2012
The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Brown and Pflug.
The Sergeant at Arms Color Guard consisting of Pages Melissa Haye and Anastasia Baum, presented the Colors. Pastor Bob Lowe of First Baptist Church of Yelm offered the prayer.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House grants the request for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6150. The Speaker has appointed the following members as Conferees: Representatives Armstrong, Clibborn, Liias
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House has passed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2565.
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 2349,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2614.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House receded from its amendment to SUBSTITUTE SENATE BILL NO. 6081 and passed the bill without the House amendment.
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House has passed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2483,
ENGROSSED HOUSE BILL NO. 2620.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2233,
SECOND SUBSTITUTE HOUSE BILL NO. 2452.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
On motion of Senator Eide, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
E2SHB 2483 by House Committee on Ways & Means (originally sponsored by Representatives Seaquist, Haler, Zeiger and Kelley)
AN ACT Relating to higher education coordination; amending RCW 28B.77.005, 28B.76.110, 28B.76.210, 28B.76.230, 28B.76.235, 28B.76.240, 28B.76.270, 28B.76.325, 28B.76.510, 28B.76.695, 44.04.260, 43.88.230, 28B.76.280, 28B.76.310, 28B.76.090, 28B.118.010, 9A.60.070, 18.260.110, 28A.175.130, 28A.600.280, 28A.600.390, 28A.660.050, 28B.07.040, 28B.10.020, 28B.10.053, 28B.10.118, 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, 28B.10.423, 28B.10.784, 28B.10.790, 28B.12.030, 28B.12.040, 28B.15.012, 28B.15.013, 28B.15.015, 28B.15.068, 28B.15.068, 28B.15.102, 28B.15.460, 28B.15.762, 28B.30.515, 28B.45.014, 28B.45.020, 28B.45.030, 28B.45.040, 28B.45.080, 28B.50.140, 28B.50.820, 28B.65.040, 28B.65.050, 28B.76.250, 28B.85.010, 28B.85.020, 28B.85.030, 28B.85.040, 28B.85.050, 28B.85.060, 28B.85.070, 28B.85.080, 28B.85.090, 28B.85.100, 28B.85.130, 28B.85.170, 28B.90.010, 28B.90.020, 28B.90.030, 28B.92.030, 28B.92.070, 28B.92.082, 28B.97.020, 28B.102.030, 28B.108.040, 28B.109.010, 28B.110.030, 28B.110.040, 28B.116.030, 28B.117.020, 28B.120.010, 28B.120.020, 28B.120.025, 28B.120.030, 28B.120.040, 28C.10.030, 28C.10.040, 28C.18.030, 28C.18.060, 35.104.020, 35.104.040, 42.17A.705, 43.06.115, 43.19.797, 43.41.400, 43.41A.100, 43.88.090, 43.105.825, 43.215.090, 43.330.310, 43.330.375, 47.80.090, 70.180.110, 74.13.570, 28A.175.135, 28B.12.070, 28B.15.764, 28B.76.505, 28B.92.080, 28B.95.020, 28B.103.030, 28B.108.020, 28B.117.030, 28B.15.069, 28A.600.310, 28B.15.380, 28B.15.730, 28B.15.734, 28B.15.750, 28B.15.756, 28A.600.290, 28A.700.020, 28A.700.060, 28B.20.130, 28B.30.150, 28B.20.308, 28B.20.478, 28B.30.530, 28B.35.120, 28B.35.202, 28B.35.205, 28B.35.215, 28B.40.120, 28B.40.206, 28B.45.060, 28B.50.810, 43.09.440, 43.43.934, 43.43.938, 43.60A.151, and 43.88D.010; amending 2011 1st sp.s. c 11 s 244 (uncodified); reenacting and amending RCW 28B.76.2401, 28A.230.100, 28B.15.760, 28B.50.030, 28B.92.060, 28B.102.020, 28B.116.010, and 43.330.280; adding new sections to chapter 28B.77 RCW; adding new sections to chapter 44.04 RCW; adding new sections to chapter 43.41 RCW; creating new sections; recodifying RCW 28B.76.110, 28B.76.210, 28B.76.230, 28B.76.235, 28B.76.240, 28B.76.2401, 28B.76.250, 28B.76.270, 28B.76.280, 28B.76.325, 28B.76.510, 28B.76.695, and 28B.76.310; decodifying RCW 28B.10.125; repealing RCW 28B.76.290, 28B.10.682, 28B.15.732, 28B.15.752, 28B.15.796, 28B.20.280, 28B.30.500, and 43.88D.005; providing an effective date; and providing expiration dates.
Referred to Committee on Ways & Means.
EHB 2620 by Representative Hunter
AN ACT Relating to transferring the investment of funds in certain accounts from the state investment board to the state treasurer; amending RCW 43.33A.010, 28B.108.060, 28B.108.060, 28B.116.060, 28B.116.060, 43.79.495, 77.12.323, 70.121.050, 89.16.020, 41.05.140, 41.45.230, 43.79A.040, 43.84.150, and 2.10.080; reenacting and amending RCW 43.84.092; adding a new section to chapter 43.79A RCW; repealing RCW 41.45.233 and 43.33A.230; providing an effective date; and providing an expiration date.
HB 2803 by Representative Cody
AN ACT Relating to limiting the rates paid to providers for medical services for incarcerated offenders, increasing the copay on medical services, and authorizing the department of corrections to submit medicaid applications on behalf of incarcerated offenders; amending RCW 72.10.020 and 72.10.030; and adding a new section to chapter 70.41 RCW.
MOTION
On motion of Senator Eide, the rules were suspended and Engrossed Second Substitute House Bill No. 2483; Engrossed House Bill No. 2620 and House Bill No. 2803 were placed on the second reading calendar.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Fraser moved adoption of the following resolution:
SENATE RESOLUTION
8704
By Senators Fraser, Sheldon, Hatfield, Regala, Honeyford, Conway, Nelson, Pridemore, Becker, Kohl-Welles, Eide, Prentice, Rolfes, Brown, Roach, Shin, and Harper
WHEREAS, Next July 29th in Olympia, upwards of 15,000 visitors will enthusiastically welcome the arrival of over 100 tribal canoes as they conclude long distance journeys as participants in this year's Tribal Canoe Journey, "Paddle to Squaxin 2012," hosted by the Squaxin Island Tribe, whose homeland is South Puget Sound; and
WHEREAS, The canoes will represent approximately 60 tribes from many locations in Washington, Alaska, and British Columbia, as well as from other states and countries, and will arrive at the Port of Olympia's NorthPoint near Swantown Marina in downtown Olympia; and
WHEREAS, Following their arrival in Olympia, they will join together in multiday cultural festivities until August 5th, which are open to the public, at the Squaxin Tribal community at Kamilche, halfway between Olympia and Shelton, in Mason County; and
WHEREAS, The Canoe Journey, "Paddle to Squaxin 2012," represents a revival of traditional canoe culture so fundamental to traditional Native American life around Puget Sound, the Salish Sea, the Strait of Juan de Fuca, the Pacific Ocean, and other Pacific Northwest marine waters, which frequently involved long journeys for economic, social, and cultural purposes; and
WHEREAS, The Tribal Canoe Journeys have become a vital activity of the revitalization of cultural expression for Native American families to pass along their traditional way of life to younger generations; and
WHEREAS, The inaugural Tribal Canoe Journey, "Paddle to Seattle," coincided with the 1989 State of Washington's Centennial Celebration and brought 17 tribes together as a tribute to the Salish Seas tribal canoe tradition and cultural heritage; and
WHEREAS, "Paddle to Squaxin 2012" is a community-building, youth-focused drug and alcohol-free, waste-free event, with the motto, "Teachings of Our Ancestors";
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington heartily welcome to the State Capital the many tribal members, tribal paddlers, their support teams, hundreds of volunteers, and thousands of enthusiastic visitors, who will participate in the Canoe Journey, "Paddle to Squaxin 2012" historic gathering; and
BE IT FURTHER RESOLVED, That the Senate of the State of Washington congratulate the Squaxin Island Tribe for its leadership in organizing and hosting the Canoe Journey, "Paddle to Squaxin 2012" event, and further express its appreciation to the City of Olympia, the Port of Olympia, Mason county, Thurston county, and hundreds of volunteers for their active support of this historic event; and
BE IT FURTHER RESOLVED, That the Washington State Senate express its admiration for the personal fitness and endurance of the tribal paddlers, many of whom will have paddled for hundreds of miles to arrive in Olympia; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Squaxin Island Tribe, the City of Olympia, the Port of Olympia, Mason county, and Thurston county.
Senators Fraser, Sheldon and Eide spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8704.
The motion by Senator Fraser carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Squaxin Island Tribe; The Honorable Andy Whitener, Tribal Councilmember and Treasurer; Mr. Don Whitener, Tribal Administrator; and Ms. Debra Meisner, Canoe Journey Coordinator, Paddle to Squaxin 2012. They were joined by representatives of the City of Olympia: The honorable Stephen Buxbaum, Mayor; The Honorable Nathanial Jones, Mayor Pro Tem; the Honorable Jeannine Roe, Councilmember; and Ms. Cathie Butler, Communications Manager; Mr. Bill McGregor, Port Commissioner, Port of Olympia and representatives of Mason County: the Honorable Steve Bloomfield, Commissioner and the Honorable Time Sheldon, Commissioner and Senator from the 35th District who were present in the gallery.
MOTION
On motion of Senator Eide, the Senate reverted to the sixth order of business.
MOTION
On motion of Senator Ranker, Senator Brown was excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Regala moved that Gubernatorial Appointment No. 9191, Don Dennis, as a member of the Board of Trustees, Tacoma Community College District No. 22, be confirmed.
Senators Regala and Stevens spoke in favor of passage of the motion.
MOTION
On motion of Senator Ericksen, Senator Pflug was excused.
APPOINTMENT OF DON DENNIS
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9191, Don Dennis as a member of the Board of Trustees, Tacoma Community College District No. 22.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9191, Don Dennis as a member of the Board of Trustees, Tacoma Community College District No. 22 and the appointment was confirmed by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Becker, Benton, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senator Baumgartner
Excused: Senators Brown and Pflug
Gubernatorial Appointment No. 9191, Don Dennis, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Tacoma Community College District No. 22.
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 5343,
SUBSTITUTE SENATE BILL NO. 6044,
SUBSTITUTE SENATE BILL NO. 6081,
SENATE BILL NO. 6082,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6103,
SENATE BILL NO. 6223,
SENATE BILL NO. 6545.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Frockt moved that Gubernatorial Appointment No. 9277, Brad Flaherty, as Director of the Department of Revenue, be confirmed.
Senator Frockt spoke in favor of the motion.
APPOINTMENT OF BRAD FLAHERTY
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9277, Brad Flaherty as Director of the Department of Revenue.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9277, Brad Flaherty as Director of the Department of Revenue and the appointment was confirmed by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senators Baumgartner and Padden
Excused: Senator Pflug
Gubernatorial Appointment No. 9277, Brad Flaherty, having received the constitutional majority was declared confirmed as Director of the Department of Revenue.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Frockt moved that Gubernatorial Appointment No. 9275, Patrick Shanahan, as a member of the Board of Regents, University of Washington, be confirmed.
Senator Frockt spoke in favor of the motion.
APPOINTMENT OF PATRICK SHANAHAN
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9275, Patrick Shanahan as a member of the Board of Regents, University of Washington.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9275, Patrick Shanahan as a member of the Board of Regents, University of Washington and the appointment was confirmed by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senator Baumgartner
Excused: Senator Pflug
Gubernatorial Appointment No. 9275, Patrick Shanahan, having received the constitutional majority was declared confirmed as a member of the Board of Regents, University of Washington.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Frockt moved that Gubernatorial Appointment No. 9271, William Ayer, as a member of the Board of Regents, University of Washington, be confirmed.
Senator Frockt spoke in favor of the motion.
APPOINTMENT OF WILLIAM AYER
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9271, William Ayer as a member of the Board of Regents, University of Washington.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9271, William Ayer as a member of the Board of Regents, University of Washington and the appointment was confirmed by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senator Baumgartner
Gubernatorial Appointment No. 9271, William Ayer, having received the constitutional majority was declared confirmed as a member of the Board of Regents, University of Washington.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Ranker moved that Gubernatorial Appointment No. 9258, Ron Sims, as a member of the Puget Sound Partnership, be confirmed.
Senator Ranker spoke in favor of the motion.
MOTION
On motion of Senator Harper, Senator Prentice was excused.
APPOINTMENT OF RON SIMS
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9258, Ron Sims as a member of the Puget Sound Partnership.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9258, Ron Sims as a member of the Puget Sound Partnership and the appointment was confirmed by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rolfes, Sheldon, Shin, Swecker, Tom and Zarelli
Voting nay: Senators Ericksen, Hill, Holmquist Newbry, Honeyford, Padden, Schoesler and Stevens
Excused: Senator Prentice
Gubernatorial Appointment No. 9258, Ron Sims, having received the constitutional majority was declared confirmed as a member of the Puget Sound Partnership.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Parlette moved that Gubernatorial Appointment No. 9249, Phyllis Gleasman, as a member of the Board of Trustees, Wenatchee Valley Community College District No. 15, be confirmed.
Senator Parlette spoke in favor of the motion.
APPOINTMENT OF PHYLLIS GLEASMAN
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9249, Phyllis Gleasman as a member of the Board of Trustees, Wenatchee Valley Community College District No. 15.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9249, Phyllis Gleasman as a member of the Board of Trustees, Wenatchee Valley Community College District No. 15 and the appointment was confirmed by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senator Baumgartner
Gubernatorial Appointment No. 9249, Phyllis Gleasman, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Wenatchee Valley Community College District No. 15.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House grants the request for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6150. The Speaker has appointed the following members as Conferees: Representatives Armstrong, Clibborn, Liias
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House grants the request for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6455. The Speaker has appointed the following members as conferees: Representatives Armstrong, Clibborn, Liias
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House grants the request for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6582. The Speaker has appointed the following members as Conferees: Representatives Armstrong, Clibborn, Liias
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 6135 and asks the Senate for a conference thereon. The Speaker has appointed the following members as Conferees: Representatives Blake, Hudgins, McCune
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Ranker moved that the Senate insist on its position on the House amendment(s) to Substitute Senate Bill No. 6135 and again ask the House to recede therefrom.
The President declared the question before the Senate to be motion by Senator Ranker that the Senate insist on its position on the House amendment(s) to Substitute Senate Bill No. 6135 and again ask the House to recede therefrom.
The motion by Senator Ranker carried and the Senate insisted on its position in the House amendment(s) to Substitute Senate Bill No. 6135 and again asked the House to recede therefrom.
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6494 with the following amendment(s): 6494-S AMH JUDI ADAM 105
On page 4, beginning on line 16, after "28A.225.030." strike all material through "section." on line 18
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Hargrove moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6494 and ask the House to recede therefrom.
The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 6494 and ask the House to recede therefrom.
The motion by Senator Hargrove carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 6494 and asked the House to recede therefrom by voice vote.
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House receded from its amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6555. Under suspension of the rules, the bill was returned to second reading for the purpose of an amendment. The House adopted the following amendment: 6555-S.E AMH KAGI H4629.2, and passed the bill as amended by the House.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.44.020 and 2010 c 176 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child's health, welfare, or safety, excluding conduct permitted under RCW 9A.16.100; or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.
(2) "Child" or "children" means any person under the age of eighteen years of age.
(3) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.
(4) "Child protective services section" means the child protective services section of the department.
(5) "Children's advocacy center" means a child-focused facility in good standing with the state chapter for children's advocacy centers and that coordinates a multidisciplinary process for the investigation, prosecution, and treatment of sexual and other types of child abuse. Children's advocacy centers provide a location for forensic interviews and coordinate access to services such as, but not limited to, medical evaluations, advocacy, therapy, and case review by multidisciplinary teams within the context of county protocols as defined in RCW 26.44.180 and 26.44.185.
(6) "Clergy" means any regularly licensed or ordained minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(7) "Court" means the superior court of the state of Washington, juvenile department.
(8) "Department" means the state department of social and health services.
(9) "Family
assessment" means a comprehensive assessment of child safety, risk of
subsequent child abuse or neglect, and family strengths and needs that is
applied to a child abuse or neglect report. Family assessment does not include
a determination as to whether child abuse or neglect occurred, but does
determine the need for services to address the safety of the child and the risk
of subsequent maltreatment.
(10) "Family assessment response" means a way of responding
to certain reports of child abuse or neglect made under this chapter using a
differential response approach to child protective services. The family
assessment response shall focus on the safety of the child, the integrity and
preservation of the family, and shall assess the status of the child and the
family in terms of risk of abuse and neglect including the parent's or
guardian's or other caretaker's capacity and willingness to protect the child
and, if necessary, plan and arrange the provision of services to reduce the
risk and otherwise support the family. No one is named as a perpetrator, and
no investigative finding is entered in the record as a result of a family
assessment.
(11) "Founded" means the determination following an
investigation by the department that, based on available information, it is
more likely than not that child abuse or neglect did occur.
(((10))) (12)
"Inconclusive" means the determination following an investigation by
the department, prior to October 1, 2008, that based on available information a
decision cannot be made that more likely than not, child abuse or neglect did
or did not occur.
(((11))) (13)
"Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment, or care.
(((12))) (14)
"Law enforcement agency" means the police department, the prosecuting
attorney, the state patrol, the director of public safety, or the office of the
sheriff.
(((13))) (15)
"Malice" or "maliciously" means an intent, wish, or design
to intimidate, annoy, or injure another person. Such malice may be inferred
from an act done in willful disregard of the rights of another, or an act
wrongfully done without just cause or excuse, or an act or omission of duty
betraying a willful disregard of social duty.
(((14))) (16)
"Negligent treatment or maltreatment" means an act or a failure to
act, or the cumulative effects of a pattern of conduct, behavior, or inaction,
that evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to a child's health, welfare, or safety,
including but not limited to conduct prohibited under RCW 9A.42.100. When
considering whether a clear and present danger exists, evidence of a parent's
substance abuse as a contributing factor to negligent treatment or maltreatment
shall be given great weight. The fact that siblings share a bedroom is not, in
and of itself, negligent treatment or maltreatment. Poverty, homelessness, or
exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated
against someone other than the child does not constitute negligent treatment or
maltreatment in and of itself.
(((15))) (17)
"Pharmacist" means any registered pharmacist under chapter 18.64 RCW,
whether acting in an individual capacity or as an employee or agent of any public
or private organization or institution.
(((16))) (18)
"Practitioner of the healing arts" or "practitioner" means
a person licensed by this state to practice podiatric medicine and surgery,
optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery,
or medicine and surgery or to provide other health services. The term
"practitioner" includes a duly accredited Christian Science
practitioner. A person who is being furnished Christian Science treatment by a
duly accredited Christian Science practitioner will not be considered, for that
reason alone, a neglected person for the purposes of this chapter.
(((17))) (19)
"Professional school personnel" include, but are not limited to,
teachers, counselors, administrators, child care facility personnel, and school
nurses.
(((18))) (20)
"Psychologist" means any person licensed to practice psychology under
chapter 18.83 RCW, whether acting in an individual capacity or as an employee
or agent of any public or private organization or institution.
(((19))) (21)
"Screened-out report" means a report of alleged child abuse or
neglect that the department has determined does not rise to the level of a
credible report of abuse or neglect and is not referred for investigation.
(((20))) (22)
"Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b) allowing,
permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child by any person.
(((21))) (23)
"Sexually aggressive youth" means a child who is defined in RCW
74.13.075(1)(b) as being a sexually aggressive youth.
(((22))) (24)
"Social service counselor" means anyone engaged in a professional
capacity during the regular course of employment in encouraging or promoting
the health, welfare, support, or education of children, or providing social
services to adults or families, including mental health, drug and alcohol
treatment, and domestic violence programs, whether in an individual capacity,
or as an employee or agent of any public or private organization or
institution.
(((23))) (25)
"Supervising agency" means an agency licensed by the state under RCW
74.15.090 or an Indian tribe under RCW 74.15.190 that has entered into a performance-based
contract with the department to provide child welfare services.
(((24))) (26)
"Unfounded" means the determination following an investigation by the
department that available information indicates that, more likely than not,
child abuse or neglect did not occur, or that there is insufficient evidence
for the department to determine whether the alleged child abuse did or did not
occur.
NEW SECTION. Sec. 2. A new section is added to chapter 26.44 RCW to read as follows:
(1) No later than December 1, 2013, the department shall implement the family assessment response. The department may implement the family assessment response on a phased-in basis, by geographical area.
(2) The department shall develop an implementation plan in consultation with stakeholders, including tribes. The department shall submit a report of the implementation plan to the appropriate committees of the legislature by December 31, 2012. At a minimum, the following must be developed before implementation and included in the report to the legislature:
(a) Description of the family assessment response practice model;
(b) Identification of possible additional noninvestigative responses or pathways;
(c) Development of an intake screening tool and a family assessment tool specifically to be used in the family assessment response. The family assessment tool must, at minimum, evaluate the safety of the child and determine services needed by the family to improve or restore family well-being;
(d) Delineation of staff training requirements;
(e) Development of strategies to reduce disproportionality;
(f) Development of strategies to assist and connect families with the appropriate private or public housing support agencies, for those parents whose inability to obtain or maintain safe housing creates a risk of harm to the child, risk of out-of-home placement of the child, or a barrier to reunification;
(g) Identification of methods to involve local community partners in the development of community-based resources to meet families' needs. Local community partners may include, but are not limited to: Alumni of the foster care system and veteran parents, local private service delivery agencies, schools, local health departments and other health care providers, juvenile court, law enforcement, office of public defense social workers or local defense attorneys, domestic violence victims advocates, and other available community-based entities;
(h) Delineation of procedures to assure continuous quality assurance;
(i) Identification of current departmental expenditures for services appropriate for the family assessment response, to the greatest practicable extent;
(j) Identification of philanthropic funding and other private funding available to supplement public resources in response to identified family needs;
(k) Mechanisms to involve the child's Washington state tribe, if any, in any family assessment response, when the child subject to the family assessment response is an Indian child, as defined in RCW 13.38.040;
(l) A potential phase-in schedule if proposed; and
(m) Recommendations for legislative action required to implement the plan.
Sec. 3. RCW 26.44.030 and 2009 c 480 s 1 are each amended to read as follows:
(1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of early learning, licensed or certified child care providers or their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child 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.
(b) When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060.
Nothing in this subsection (1)(b) shall limit a person's duty to report under (a) of this subsection.
For the purposes of this subsection, the following definitions apply:
(i) "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for-profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization.
(ii) "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person.
(c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the 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.
(d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
(e) The reporting requirement also applies to guardians ad litem, including court-appointed special advocates, appointed under Titles 11, 13, and 26 RCW, who in the course of their representation of children in these actions have reasonable cause to believe a child has been abused or neglected.
(f) The report must 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 has suffered abuse or neglect. The report must include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to believe that a child 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.
(4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child 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 alleged sexual abuse, shall report such incident to the proper law enforcement agency. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.
(5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child 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 alleged 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. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.
(6) Any county prosecutor or city attorney receiving a report under subsection (5) 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.
(7) 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. 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. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.
(8) 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.
(9) Persons or agencies exchanging information under subsection (7) 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.
(10) Upon receiving a report of alleged abuse or neglect, the department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which:
(a) The department believes there is a serious threat of substantial harm to the child;
(b) The report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or
(c) The department has a prior founded report of abuse or neglect with regard to a member of the household that is within three years of receipt of the referral.
(11)(a) Upon
receiving a report of alleged abuse or neglect, the department shall use one of
the following discrete responses to reports of child abuse or neglect that are
screened in and accepted for departmental response:
(i) Investigation; or
(ii) Family assessment.
(b) In making the response in (a) of this subsection the department
shall:
(i) Use a method by which to assign cases to investigation or family
assessment which are based on an array of factors that may include the presence
of: Imminent danger, level of risk, number of previous child abuse or neglect
reports, or other presenting case characteristics, such as the type of alleged
maltreatment and the age of the alleged victim. Age of the alleged victim
shall not be used as the sole criterion for determining case assignment;
(ii) Allow for a change in response assignment based on new
information that alters risk or safety level;
(iii) Allow families assigned to family assessment to choose to
receive an investigation rather than a family assessment;
(iv) Provide a full investigation if a family refuses the initial
family assessment;
(v) Provide voluntary services to families based on the results of the
initial family assessment. If a family refuses voluntary services, and the
department cannot identify specific facts related to risk or safety that
warrant assignment to investigation under this chapter, and there is not a
history of reports of child abuse or neglect related to the family, then the
department must close the family assessment response case. However, if at any
time the department identifies risk or safety factors that warrant an investigation
under this chapter, then the family assessment response case must be reassigned
to investigation;
(vi) Conduct an investigation, and not a family assessment, in
response to an allegation that, the department determines based on the intake
assessment:
(A) Poses a risk of "imminent harm" consistent with the
definition provided in RCW 13.34.050, which includes, but is not limited to,
sexual abuse and sexual exploitation as defined in this chapter;
(B) Poses a serious threat of substantial harm to a child;
(C) Constitutes conduct involving a criminal offense that has, or is
about to occur, in which the child is the victim;
(D) The child is an abandoned child as defined in RCW 13.34.030;
(E) The child is an adjudicated dependent child as defined in RCW
13.34.030, or the child is in a facility that is licensed, operated, or
certified for care of children by the department under chapter 74.15 RCW, or by
the department of early learning.
(c) The department may not be held civilly liable for the decision to
respond to an allegation of child abuse or neglect by using the family
assessment response under this section unless the state or its officers,
agents, or employees acted with reckless disregard.
(12)(a) For reports of alleged abuse or neglect that are accepted
for investigation by the department, the investigation shall be conducted
within time frames established by the department in rule. In no case shall the
investigation extend longer than ninety days from the date the report is
received, unless the investigation is being conducted under a written protocol
pursuant to RCW 26.44.180 and a law enforcement agency or prosecuting attorney
has determined that a longer investigation period is necessary. At the
completion of the investigation, the department shall make a finding that the
report of child abuse or neglect is founded or unfounded.
(b) If a court in a civil or criminal proceeding, considering the same facts or circumstances as are contained in the report being investigated by the department, makes a judicial finding by a preponderance of the evidence or higher that the subject of the pending investigation has abused or neglected the child, the department shall adopt the finding in its investigation.
(((12))) (13)
For reports of alleged abuse or neglect that are responded to through family
assessment response, the department shall:
(a) Provide the family with a written explanation of the procedure for
assessment of the child and the family and its purposes;
(b) Collaborate with the family to identify family strengths,
resources, and service needs, and develop a service plan with the goal of
reducing risk of harm to the child and improving or restoring family
well-being;
(c) Complete the family assessment response within forty-five days of
receiving the report; however, upon parental agreement, the family assessment
response period may be extended up to ninety days;
(d) Offer services to the family in a manner that makes it clear that
acceptance of the services is voluntary;
(e) Implement the family assessment response in a consistent and
cooperative manner;
(f) Have the parent or guardian sign an agreement to participate in
services before services are initiated that informs the parents of their rights
under family assessment response, all of their options, and the options the
department has if the parents do not sign the consent form.
(14) In conducting an investigation or family assessment of
alleged abuse or neglect, the department or law enforcement agency:
(a) May interview children. If the department determines that the response to the allegation will be family assessment response, the preferred practice is to request a parent's, guardian's, or custodian's permission to interview the child before conducting the child interview unless doing so would compromise the safety of the child or the integrity of the assessment. 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. If the allegation is investigated, parental notification of the interview must 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; and
(b) Shall have access to all relevant records of the child in the possession of mandated reporters and their employees.
(((13))) (15)
If a report of alleged abuse or neglect is founded and constitutes the third
founded report received by the department within the last twelve months
involving the same child or family, the department shall promptly notify the
office of the family and children's ombudsman of the contents of the report.
The department shall also notify the ombudsman of the disposition of the
report.
(((14))) (16)
In investigating and responding to allegations of child abuse and neglect, the
department may conduct background checks as authorized by state and federal
law.
(((15))) (17)(a)
The department shall maintain investigation records and conduct timely and
periodic reviews of all founded cases of abuse and neglect. The department
shall maintain a log of screened-out nonabusive cases.
(b) In the family assessment response, the department shall not make a finding as to whether child abuse or neglect occurred. No one shall be named as a perpetrator and no investigative finding shall be entered in the department's child abuse or neglect database.
(((16))) (18)
The department shall use a risk assessment process when investigating alleged
child abuse and neglect referrals. The department shall present the risk
factors at all hearings in which the placement of a dependent child is an
issue. Substance abuse must be a risk factor. ((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.
(17))) (19) Upon receipt of a report of alleged abuse or
neglect 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.
(((18))) (20)
Upon receiving a report of alleged abuse or neglect involving a child under the
court's jurisdiction under chapter 13.34 RCW, the department shall promptly
notify the child's guardian ad litem of the report's contents. The department
shall also notify the guardian ad litem of the disposition of the report. For
purposes of this subsection, "guardian ad litem" has the meaning
provided in RCW 13.34.030.
Sec. 4. RCW 26.44.031 and 2007 c 220 s 3 are each amended to read as follows:
(1) To protect the privacy in reporting and the maintenance of reports of nonaccidental injury, neglect, death, sexual abuse, and cruelty to children by their parents, and to safeguard against arbitrary, malicious, or erroneous information or actions, the department shall not disclose or maintain information related to reports of child abuse or neglect except as provided in this section or as otherwise required by state and federal law.
(2) The department shall destroy all of its records concerning:
(a) A screened-out report, within three years from the receipt of the report; and
(b) An unfounded or inconclusive report, within six years of completion of the investigation, unless a prior or subsequent founded report has been received regarding the child who is the subject of the report, a sibling or half-sibling of the child, or a parent, guardian, or legal custodian of the child, before the records are destroyed.
(3) The department may keep records concerning founded reports of child abuse or neglect as the department determines by rule.
(4) ((An)) No
unfounded, screened-out, or inconclusive report or information about a
family's participation or nonparticipation in the family assessment response
may ((not)) be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under chapter 74.15 RCW without the
consent of the individual who is the subject of the report or family
assessment, unless:
(a) The individual seeks to become a licensed foster parent or
adoptive parent; or
(b) The individual is the parent or legal custodian of a child being
served by one of the agencies referenced in this subsection.
(5)(a) If the department fails to comply with this section, an individual who is the subject of a report may institute proceedings for injunctive or other appropriate relief for enforcement of the requirement to purge information. These proceedings may be instituted in the superior court for the county in which the person resides or, if the person is not then a resident of this state, in the superior court for Thurston county.
(b) If the department fails to comply with subsection (4) of this section and an individual who is the subject of the report or family assessment response information is harmed by the disclosure of information, in addition to the relief provided in (a) of this subsection, the court may award a penalty of up to one thousand dollars and reasonable attorneys' fees and court costs to the petitioner.
(c) A proceeding under this subsection does not preclude other methods of enforcement provided for by law.
(6) Nothing in this section shall prevent the department from retaining general, nonidentifying information which is required for state and federal reporting and management purposes.
Sec. 5. RCW 26.44.050 and 1999 c 176 s 33 are each amended to read as follows:
Except as provided in RCW 26.44.030(11), upon the receipt of a report concerning the possible occurrence of abuse or neglect, the law enforcement agency or the department of social and health services must investigate and provide the protective services section with a report in accordance with chapter 74.13 RCW, and where necessary to refer such report to the court.
A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency or the department of social and health services investigating such a report is hereby authorized to photograph such a child for the purpose of providing documentary evidence of the physical condition of the child.
NEW SECTION. Sec. 6. A new section is added to chapter 26.44 RCW to read as follows:
(1) Within ten days of the conclusion of the family assessment, the department must meet with the child's parent or guardian to discuss the recommendation for services to address child safety concerns or significant risk of subsequent child maltreatment.
(2) If the parent or guardian disagrees with the department's recommendation regarding the provision of services, the department shall convene a family team decision-making meeting to discuss the recommendations and objections. The caseworker's supervisor and area administrator shall attend the meeting.
(3) If the department determines, based on the results of the family assessment, that services are not recommended then the department shall close the family assessment response case.
Sec. 7. RCW 74.13.020 and 2011 c 330 s 4 are each reenacted and amended to read as follows:
For purposes of this chapter:
(1) "Case
management" means ((the management of services delivered to children
and families in the child welfare system, including permanency services,
caseworker-child visits, family visits, the convening of family group
conferences, the development and revision of the case plan, the coordination
and monitoring of services needed by the child and family, and the assumption
of court-related duties, excluding legal representation, including preparing
court reports, attending judicial hearings and permanency hearings, and
ensuring that the child is progressing toward permanency within state and
federal mandates, including the Indian child welfare act)) convening
family meetings, developing, revising, and monitoring implementation of any
case plan or individual service and safety plan, coordinating and monitoring
services needed by the child and family, caseworker-child visits, family
visits, and the assumption of court-related duties, excluding legal
representation, including preparing court reports, attending judicial hearings
and permanency hearings, and ensuring that the child is progressing toward
permanency within state and federal mandates, including the Indian child
welfare act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.
(3) "Child protective services" has the same meaning as in RCW 26.44.020.
(4) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected children;
(c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.
"Child welfare services" does not include child protection services.
(5) "Committee" means the child welfare transformation design committee.
(6) "Department" means the department of social and health services.
(7) "Extended foster care services" means residential and other support services the department is authorized to provide to foster children. These services include, but are not limited to, placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; and counseling or treatment.
(8) "Family
assessment" means a comprehensive assessment of child safety, risk of
subsequent child abuse or neglect, and family strengths and needs that is
applied to a child abuse or neglect report. Family assessment does not include
a determination as to whether child abuse or neglect occurred, but does
determine the need for services to address the safety of the child and the risk
of subsequent maltreatment.
(9) "Measurable effects" means a statistically
significant change which occurs as a result of the service or services a supervising
agency is assigned in a performance-based contract, in time periods established
in the contract.
(((9))) (10)
"Out-of-home care services" means services provided after the shelter
care hearing to or for children in out-of-home care, as that term is defined in
RCW 13.34.030, and their families, including the recruitment, training, and
management of foster parents, the recruitment of adoptive families, and the
facilitation of the adoption process, family reunification, independent living,
emergency shelter, residential group care, and foster care, including relative
placement.
(((10))) (11)
"Performance-based contracting" means the structuring of all aspects
of the procurement of services around the purpose of the work to be performed
and the desired results with the contract requirements set forth in clear,
specific, and objective terms with measurable outcomes. Contracts shall also
include provisions that link the performance of the contractor to the level and
timing of reimbursement.
(((11))) (12)
"Permanency services" means long-term services provided to secure a
child's safety, permanency, and well-being, including foster care services,
family reunification services, adoption services, and preparation for
independent living services.
(((12))) (13)
"Primary prevention services" means services which are designed and
delivered for the primary purpose of enhancing child and family well-being and
are shown, by analysis of outcomes, to reduce the risk to the likelihood of the
initial need for child welfare services.
(((13))) (14)
"Supervising agency" means an agency licensed by the state under RCW
74.15.090, or licensed by a federally recognized Indian tribe located in this
state under RCW 74.15.190, that has entered into a performance-based contract
with the department to provide case management for the delivery and
documentation of child welfare services, as defined in this section.
Sec. 8. RCW 74.13.031 and 2011 c 330 s 5 and 2011 c 160 s 2 are each reenacted and amended to read as follows:
(1) The department and supervising agencies shall develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes, aids, and strengthens services for the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, the department and supervising agencies shall recruit 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, teens, pregnant and parenting teens, and the department shall annually report to the governor and the legislature concerning the department's and supervising agency's success in: (a) Meeting the need for adoptive and foster home placements; (b) reducing the foster parent turnover rate; (c) completing home studies for legally free children; and (d) implementing and operating the passport program required by RCW 74.13.285. The report shall include a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) The department shall investigate complaints of any recent act or failure to act on the part of a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm, 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. 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 against a child may have been committed, the department shall notify the appropriate law enforcement agency.
(4) As provided in
RCW 26.44.030(11), the department may respond to a report of child abuse or
neglect by using the family assessment response.
(5) The department or supervising agencies shall offer, on a
voluntary basis, family reconciliation services to families who are in conflict.
(((5))) (6)
The department or supervising agencies shall monitor placements of children in
out-of-home care and in-home dependencies 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. Under this section
children in out-of-home care and in-home dependencies and their caregivers
shall receive a private and individual face-to-face visit each month. The
department and the supervising agencies shall randomly select no less than ten
percent of the caregivers currently providing care to receive one unannounced
face‑to‑face visit in the caregiver's home per year. No caregiver
will receive an unannounced visit through the random selection process for two
consecutive years. If the caseworker makes a good faith effort to conduct the
unannounced visit to a caregiver and is unable to do so, that month's visit to
that caregiver need not be unannounced. The department and supervising
agencies are encouraged to group monthly visits to caregivers by geographic
area so that in the event an unannounced visit cannot be completed, the
caseworker may complete other required monthly visits. The department shall
use a method of random selection that does not cause a fiscal impact to the
department.
The department or supervising agencies shall conduct the monthly visits with children and caregivers to whom it is providing child welfare services.
(((6))) (7)
The department and supervising agencies shall 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, to provide for the routine and necessary
medical, dental, and mental health care, or necessary emergency care of the
children, 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)
The department and supervising agency shall have authority to provide temporary
shelter to children who have run away from home and who are admitted to crisis
residential centers.
(((8))) (9)
The department and supervising agency shall have authority to purchase care for
children.
(((9))) (10)
The department shall establish a children's services advisory committee with
sufficient members representing supervising agencies 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, licensing of child care agencies, adoption, and services related
thereto. At least one member shall represent the adoption community.
(((10))) (11)
The department and supervising agencies shall have authority to provide
continued extended foster care services to youth ages eighteen to twenty-one
years to participate in or complete a secondary education program or a
secondary education equivalency program.
(((11))) (12)
The department((, has)) shall have authority to provide adoption
support benefits, or relative guardianship subsidies on behalf of youth ages
eighteen to twenty-one years who achieved permanency through adoption or a
relative guardianship at age sixteen or older and who meet the criteria
described in subsection (((10))) (11) of this section.
(((12))) (13)
The department shall refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance of a child,
including a child with a developmental disability who is placed as a result of
an action under chapter 13.34 RCW, unless the department finds that there is
good cause not to pursue collection of child support against the parent or
parents of the child. Cases involving individuals age eighteen through twenty
shall not be referred to the division of child support unless required by
federal law.
(((13))) (14)
The department and supervising agencies shall 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 74.13.032 through
74.13.036, or of this section all services to be provided by the department
under subsections (4), (((6), and)) (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.
(((14))) (15)
Within amounts appropriated for this specific purpose, the supervising agency
or department shall provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(((15))) (16)
The department and supervising agencies shall have authority to provide
independent living services to youths, including individuals who have attained
eighteen years of age, and have not attained twenty-one years of age who are or
have been in foster care.
(((16))) (17)
The department and supervising agencies shall consult at least quarterly with
foster parents, including members of the foster parent association of
Washington state, for the purpose of receiving information and comment
regarding how the department and supervising agencies are performing the duties
and meeting the obligations specified in this section and RCW 74.13.250 and
74.13.320 regarding the recruitment of foster homes, reducing foster parent
turnover rates, providing effective training for foster parents, and
administering a coordinated and comprehensive plan that strengthens services
for the protection of children. Consultation shall occur at the regional and
statewide levels.
(18)(a) The department shall, within current funding levels, place on its public web site a document listing the duties and responsibilities the department has to a child subject to a dependency petition including, but not limited to, the following:
(i) Reasonable efforts, including the provision of services, toward reunification of the child with his or her family;
(ii) Sibling visits subject to the restrictions in RCW 13.34.136(2)(b)(ii);
(iii) Parent-child visits;
(iv) Statutory preference for placement with a relative or other suitable person, if appropriate; and
(v) Statutory preference for an out-of-home placement that allows the child to remain in the same school or school district, if practical and in the child's best interests.
(b) The document must be prepared in conjunction with a community- based organization and must be updated as needed.
NEW SECTION. Sec. 9. The Washington state institute for public policy shall conduct an evaluation of the implementation of the family assessment response. The institute shall define the data to be gathered and maintained. At a minimum, the evaluations must address child safety measures, out-of-home placement rates, re-referral rates, and caseload sizes and demographics. The institute shall deliver its first report no later than December 1, 2014, and its final report by December 1, 2016.
NEW SECTION. Sec. 10. The department of social and health services shall conduct two client satisfaction surveys of families that have been placed in the family assessment response. The first survey results shall be reported no later than December 1, 2014. The second survey results shall be reported no later than December 1, 2016.
Sec. 11. RCW 26.44.125 and 1998 c 314 s 9 are each amended to read as follows:
(1) A person who is named as an alleged perpetrator after October 1, 1998, in a founded report of child abuse or neglect has the right to seek review and amendment of the finding as provided in this section.
(2) Within ((twenty))
thirty calendar days after ((receiving written notice from the department))
the department has notified the alleged perpetrator under RCW 26.44.100
that ((a)) the person is named as an alleged perpetrator in a
founded report of child abuse or neglect, he or she may request that the
department review the finding. The request must be made in writing. The
written notice provided by the department must contain at least the following
information in plain language:
(a) Information about the department's investigative finding as it
relates to the alleged perpetrator;
(b) Sufficient factual information to apprise the alleged perpetrator
of the date and nature of the founded reports;
(c) That the alleged perpetrator has the right to submit to child
protective services a written response regarding the child protective services
finding which, if received, shall be filed in the department's records;
(d) That information in the department's records, including
information about this founded report, may be considered in a later
investigation or proceeding related to a different allegation of child abuse or
neglect or child custody;
(e) That founded allegations of child abuse or neglect may be used by
the department in determining:
(i) If a perpetrator is qualified to be licensed or approved to care
for children or vulnerable adults; or
(ii) If a perpetrator is qualified to be employed by the department in
a position having unsupervised access to children or vulnerable adults;
(f) That the alleged perpetrator has a right to challenge a founded
allegation of child abuse or neglect.
(3) If a request for review is not made as provided in this
subsection, the alleged perpetrator may not further challenge the finding and
shall have no right to agency review or to an adjudicative hearing or judicial
review of the finding, unless he or she can show that the department did not
comply with the notice requirements of RCW 26.44.100.
(((3))) (4)
Upon receipt of a written request for review, the department shall review and,
if appropriate, may amend the finding. Management level staff within the
children's administration designated by the secretary shall be responsible for
the review. The review must be completed within thirty days after receiving
the written request for review. The review must be conducted in accordance
with procedures the department establishes by rule. Upon completion of the
review, the department shall notify the alleged perpetrator in writing of the
agency's determination. The notification must be sent by certified mail,
return receipt requested, to the person's last known address.
(((4))) (5)
If, following agency review, the report remains founded, the person named as
the alleged perpetrator in the report may request an adjudicative hearing to
contest the finding. The adjudicative proceeding is governed by chapter 34.05
RCW and this section. The request for an adjudicative proceeding must be filed
within thirty calendar days after receiving notice of the agency review
determination. If a request for an adjudicative proceeding is not made as
provided in this subsection, the alleged perpetrator may not further challenge
the finding and shall have no right to agency review or to an adjudicative
hearing or judicial review of the finding.
(((5))) (6)
Reviews and hearings conducted under this section are confidential and shall
not be open to the public. Information about reports, reviews, and hearings
may be disclosed only in accordance with federal and state laws pertaining to
child welfare records and child protective services reports.
(((6))) (7)
The department may adopt rules to implement this section.
Sec. 12. RCW 26.44.010 and 1999 c 176 s 27 are each amended to read as follows:
The Washington state
legislature finds and declares: The bond between a child and his or her
parent, custodian, or guardian is of paramount importance, and any intervention
into the life of a child is also an intervention into the life of the parent,
custodian, or guardian; however, instances of nonaccidental injury, neglect,
death, sexual abuse and cruelty to children by their parents, custodians or
guardians have occurred, and in the instance where a child is deprived of his
or her right to conditions of minimal nurture, health, and safety, the state is
justified in emergency intervention based upon verified information; and
therefore the Washington state legislature hereby provides for the reporting of
such cases to the appropriate public authorities. It is the intent of the
legislature that, as a result of such reports, protective services shall be
made available in an effort to prevent further abuses, and to safeguard the
general welfare of such children((: PROVIDED, That such)). When the
child's physical or mental health is jeopardized, or the safety of the child
conflicts with the legal rights of a parent, custodian, or guardian, the health
and safety interests of the child should prevail. When determining whether a
child and a parent, custodian, or guardian should be separated during or
immediately following an investigation of alleged child abuse or neglect, the
safety of the child shall be the department's paramount concern. Reports of
child abuse and neglect shall be maintained and disseminated with strictest
regard for the privacy of the subjects of such reports and so as to safeguard
against arbitrary, malicious or erroneous information or actions((:
PROVIDED FURTHER, That)). This chapter shall not be construed to
authorize interference with child- raising practices, including reasonable
parental discipline, which are not proved to be injurious to the child's
health, welfare and safety.
NEW SECTION. Sec. 13. A new section is added to chapter 4.24 RCW to read as follows:
(1) Governmental entities, and their officers, agents, employees, and volunteers, are not liable in tort for any of their acts or omissions in emergent placement investigations of child abuse or neglect under chapter 26.44 RCW including, but not limited to, any determination to leave a child with a parent, custodian, or guardian, or to return a child to a parent, custodian, or guardian, unless the act or omission constitutes gross negligence. Emergent placement investigations are those conducted prior to a shelter care hearing under RCW 13.34.065.
(2) The department of social and health services and its employees shall comply with the orders of the court, including shelter care and other dependency orders, and are not liable for acts performed to comply with such court orders. In providing reports and recommendations to the court, employees of the department of social and health services are entitled to the same witness immunity as would be provided to any other witness.
NEW SECTION. Sec. 14. A new section is added to chapter 26.44 RCW to read as follows:
Consistent with the paramount concern of the department to protect the child's interests of basic nurture, physical and mental health, and safety, and the requirement that the child's health and safety interests prevail over conflicting legal interests of a parent, custodian, or guardian, the liability of governmental entities, and their officers, agents, employees, and volunteers, to parents, custodians, or guardians accused of abuse or neglect is limited as provided in section 13 of this act.
NEW SECTION. Sec. 15. Sections 1 and 3 through 10 of this act take effect December 1, 2013."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Hargrove moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6555.
MOTION
On motion of Senator Eide, further consideration of Engrossed Substitute Senate Bill No. 6555 was deferred and the bill held its place on the calendar.
MESSAGE FROM THE HOUSE
March 6, 2012
MR. PRESIDENT:
The House passed SUBSTITUTE SENATE BILL NO. 6493 with the following amendment(s): 6493-S AMH WAYS H4609.1
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 2.70.020 and 2008 c 313 s 4 are each amended to read as follows:
The director shall:
(1) Administer all state-funded services in the following program areas:
(a) Trial court criminal indigent defense, as provided in chapter 10.101 RCW;
(b) Appellate indigent defense, as provided in this chapter;
(c) Representation of indigent parents qualified for appointed counsel in dependency and termination cases, as provided in RCW 13.34.090 and 13.34.092;
(d) Extraordinary criminal justice cost petitions, as provided in RCW 43.330.190;
(e) Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;
(f) Representation of indigent respondents qualified for appointed counsel in sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW;
(2) Submit a biennial budget for all costs related to the office's program areas;
(3) Establish administrative procedures, standards, and guidelines for the office's program areas, including cost-efficient systems that provide for authorized recovery of costs;
(4) Provide oversight and technical assistance to ensure the effective and efficient delivery of services in the office's program areas;
(5) Recommend criteria and standards for determining and verifying indigency. In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards;
(6) Collect information regarding indigent defense services funded by the state and report annually to the advisory committee, the legislature, and the supreme court;
(7) Coordinate with the supreme court and the judges of each division of the court of appeals to determine how appellate attorney services should be provided.
The office of public defense shall not provide direct representation of clients.
NEW SECTION. Sec. 2. A new section is added to chapter 2.70 RCW to read as follows:
In providing indigent defense services for sexually violent predator civil commitment cases under chapter 71.09 RCW, the director shall:
(1) In accordance with state contracting laws, contract with persons admitted to practice law in this state and organizations employing persons admitted to practice law in this state for the provision of legal services to indigent persons;
(2) Establish annual contract fees for defense legal services within amounts appropriated based on court rules and court orders;
(3) Ensure an indigent person qualified for appointed counsel has one contracted counsel appointed to assist him or her. Upon a showing of good cause, the court may order additional counsel;
(4) Consistent with court rules and court orders, establish procedures for the reimbursement of expert witness and other professional and investigative costs;
(5) Review and analyze existing caseload standards and make recommendations for updating caseload standards as appropriate;
(6) Annually, with the first report due December 1, 2013, submit a report to the chief justice of the supreme court, the governor, and the legislature, with all pertinent data on the operation of indigent defense services for commitment proceedings under this section, including:
(a) Recommended levels of appropriation to maintain adequate indigent defense services to the extent constitutionally required;
(b) The time to trial for all commitment trial proceedings including a list of the number of continuances granted, the party that requested the continuance, the county where the proceeding is being heard, and, if available, the reason the continuance was granted;
(c) Recommendations for policy changes, including changes in statutes and changes in court rules, which may be appropriate for the improvement of sexually violent predator civil commitment proceedings.
NEW SECTION. Sec. 3. (1) All powers, duties, and functions of the department of social and health services and the special commitment center pertaining to indigent defense under chapter 71.09 RCW are transferred to the office of public defense.
(2)(a) The office of public defense may request any written materials in the possession of the department of social and health services and the special commitment center pertaining to the powers, functions, and duties transferred, which shall be delivered to the custody of the office of public defense. Materials may be transferred electronically and/or in hard copy, as agreed by the agencies. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of public defense.
(b) Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on July 1, 2012, be transferred and credited to the office of public defense.
(3) Notwithstanding the effective date of this section, if implementation of office of public defense contracts would result in the substitution of counsel within one hundred eighty days of a scheduled trial date, the director of the office of public defense may continue defense services with existing counsel to facilitate continuity of effective representation and avoid further continuance of a trial. When existing counsel is maintained, payment to complete the trial shall be prorated based on standard contract fees established by the office of public defense under section 2 of this act and, at the director's discretion, may include extraordinary compensation based on attorney documentation.
Sec. 4. RCW 71.09.040 and 2009 c 409 s 4 are each amended to read as follows:
(1) Upon the filing of a petition under RCW 71.09.030, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made the judge shall direct that the person be taken into custody and notify the office of public defense of the potential need for representation.
(2) Within seventy-two hours after a person is taken into custody pursuant to subsection (1) of this section, the court shall provide the person with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. In order to assist the person at the hearing, within twenty-four hours of service of the petition, the prosecuting agency shall provide to the person or his or her counsel a copy of all materials provided to the prosecuting agency by the referring agency pursuant to RCW 71.09.025, or obtained by the prosecuting agency pursuant to RCW 71.09.025(1) (c) and (d). At this hearing, the court shall (a) verify the person's identity, and (b) determine whether probable cause exists to believe that the person is a sexually violent predator. At the probable cause hearing, the state may rely upon the petition and certification for determination of probable cause filed pursuant to RCW 71.09.030. The state may supplement this with additional documentary evidence or live testimony. The person may be held in total confinement at the county jail until the trial court renders a decision after the conclusion of the seventy- two hour probable cause hearing. The county shall be entitled to reimbursement for the cost of housing and transporting the person pursuant to rules adopted by the secretary.
(3) At the probable cause hearing, the person shall have the following rights in addition to the rights previously specified: (a) To be represented by counsel, and if the person is indigent as defined in RCW 10.101.010, to have office of public defense contracted counsel appointed as provided in RCW 10.101.020; (b) to present evidence on his or her behalf; (c) to cross-examine witnesses who testify against him or her; (d) to view and copy all petitions and reports in the court file. The court must permit a witness called by either party to testify by telephone. Because this is a special proceeding, discovery pursuant to the civil rules shall not occur until after the hearing has been held and the court has issued its decision.
(4) If the probable
cause determination is made, the judge shall direct that the person be
transferred to ((an appropriate facility for an evaluation as to whether the
person is a sexually violent predator. The evaluation shall be
conducted by a person deemed to be professionally qualified to conduct such an
examination pursuant to rules developed by the department of social and health
services. In adopting such rules, the department of social and health services
shall consult with the department of health and the department of corrections))
the custody of the department of social and health services for placement in
a total confinement facility operated by the department. In no event shall
the person be released from confinement prior to trial. ((A witness called
by either party shall be permitted to testify by telephone.))
Sec. 5. RCW 71.09.050 and 2010 1st sp.s. c 28 s 1 are each amended to read as follows:
(1) Within forty-five
days after the completion of any hearing held pursuant to RCW 71.09.040, the
court shall conduct a trial to determine whether the person is a sexually
violent predator. The trial may be continued upon the request of either party
and a showing of good cause, or by the court on its own motion in the due
administration of justice, and when the respondent will not be substantially
prejudiced. ((The department is responsible for the cost of one expert or
professional person to conduct an evaluation on the prosecuting agency's
behalf.)) The prosecuting agency shall have a right to a current
evaluation of the person by experts chosen by the state. The judge may require
the person to complete any or all of the following procedures or tests if
requested by the evaluator: (a) A clinical interview; (b) psychological
testing; (c) plethysmograph testing; and (d) polygraph testing. The judge may
order the person to complete any other procedures and tests relevant to the
evaluation. The state is responsible for the costs of the evaluation. At
all stages of the proceedings under this chapter, any person subject to this
chapter shall be entitled to the assistance of counsel, and if the person is
indigent as defined in RCW 10.101.010, the court, as provided in RCW
10.101.020, shall appoint office of public defense contracted
counsel to assist him or her. The person shall be confined in a secure
facility for the duration of the trial.
(2) Whenever any indigent
person is subjected to an evaluation under this chapter, the ((department))
office of public defense is responsible for the cost of one expert or
professional person to conduct an evaluation on the person's behalf. When the
person wishes to be evaluated by a qualified expert or professional person of
his or her own choice, the expert or professional person must be permitted to
have reasonable access to the person for the purpose of such evaluation, as
well as to all relevant medical and psychological records and reports. In the
case of a person who is indigent, the court shall, upon the person's request,
assist the person in obtaining an expert or professional person to perform an
evaluation or participate in the trial on the person's behalf. Nothing in this
chapter precludes the person from paying for additional expert services at his
or her own expense.
(3) The person, the prosecuting agency, or the judge shall have the right to demand that the trial be before a twelve-person jury. If no demand is made, the trial shall be before the court.
Sec. 6. RCW 71.09.080 and 2010 c 218 s 2 are each amended to read as follows:
(1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this chapter shall not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter, or as otherwise authorized by law.
(2)(a) Any person committed or detained pursuant to this chapter shall be prohibited from possessing or accessing a personal computer if the resident's individualized treatment plan states that access to a computer is harmful to bringing about a positive response to a specific and certain phase or course of treatment.
(b) A person who is prohibited from possessing or accessing a personal computer under (a) of this subsection shall be permitted to access a limited functioning personal computer capable of word processing and limited data storage on the computer only that does not have: (i) Internet access capability; (ii) an optical drive, external drive, universal serial bus port, or similar drive capability; or (iii) the capability to display photographs, images, videos, or motion pictures, or similar display capability from any drive or port capability listed under (b)(ii) of this subsection.
(3) Any person committed
pursuant to this chapter has the right to adequate care and individualized
treatment. The department of social and health services shall keep records
detailing all medical, expert, and professional care and treatment received by
a committed person, and shall keep copies of all reports of periodic
examinations made pursuant to this chapter. All such records and reports shall
be made available upon request only to: The committed person, his or her
attorney, the prosecuting ((attorney)) agency, the court, the
protection and advocacy agency, or another expert or professional person who,
upon proper showing, demonstrates a need for access to such records.
(4) At the time a person is taken into custody or transferred into a facility pursuant to a petition under this chapter, the professional person in charge of such facility or his or her designee shall take reasonable precautions to inventory and safeguard the personal property of the persons detained or transferred. A copy of the inventory, signed by the staff member making it, shall be given to the person detained and shall, in addition, be open to inspection to any responsible relative, subject to limitations, if any, specifically imposed by the detained person. For purposes of this subsection, "responsible relative" includes the guardian, conservator, attorney, spouse, parent, adult child, or adult brother or sister of the person. The facility shall not disclose the contents of the inventory to any other person without consent of the patient or order of the court.
(5) Nothing in this chapter prohibits a person presently committed from exercising a right presently available to him or her for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus.
(6) No indigent person may be conditionally released or unconditionally discharged under this chapter without suitable clothing, and the secretary shall furnish the person with such sum of money as is required by RCW 72.02.100 for persons without ample funds who are released from correctional institutions. As funds are available, the secretary may provide payment to the indigent persons conditionally released pursuant to this chapter consistent with the optional provisions of RCW 72.02.100 and 72.02.110, and may adopt rules to do so.
(7) If a civil commitment petition is dismissed, or a trier of fact determines that a person does not meet civil commitment criteria, the person shall be released within twenty-four hours of service of the release order on the superintendent of the special commitment center, or later by agreement of the person who is the subject of the petition.
Sec. 7. RCW 71.09.090 and 2011 2nd sp.s. c 7 s 2 are each amended to read as follows:
(1) If the secretary determines that the person's condition has so changed that either: (a) The person no longer meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the secretary shall authorize the person to petition the court for conditional release to a less restrictive alternative or unconditional discharge. The petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. The court, upon receipt of the petition for conditional release to a less restrictive alternative or unconditional discharge, shall within forty- five days order a hearing.
(2)(a) Nothing contained in this chapter shall prohibit the person from otherwise petitioning the court for conditional release to a less restrictive alternative or unconditional discharge without the secretary's approval. The secretary shall provide the committed person with an annual written notice of the person's right to petition the court for conditional release to a less restrictive alternative or unconditional discharge over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall file the notice and waiver form and the annual report with the court. If the person does not affirmatively waive the right to petition, the court shall set a show cause hearing to determine whether probable cause exists to warrant a hearing on whether the person's condition has so changed that: (i) He or she no longer meets the definition of a sexually violent predator; or (ii) conditional release to a proposed less restrictive alternative would be in the best interest of the person and conditions can be imposed that would adequately protect the community.
(b) The committed person
shall have a right to have an attorney represent him or her at the show cause
hearing, which may be conducted solely on the basis of affidavits or
declarations, but the person is not entitled to be present at the show cause
hearing. At the show cause hearing, the prosecuting ((attorney or attorney
general)) agency shall present prima facie evidence establishing
that the committed person continues to meet the definition of a sexually
violent predator and that a less restrictive alternative is not in the best
interest of the person and conditions cannot be imposed that adequately protect
the community. In making this showing, the state may rely exclusively upon the
annual report prepared pursuant to RCW 71.09.070. The committed person may
present responsive affidavits or declarations to which the state may reply.
(c) If the court at the show cause hearing determines that either: (i) The state has failed to present prima facie evidence that the committed person continues to meet the definition of a sexually violent predator and that no proposed less restrictive alternative is in the best interest of the person and conditions cannot be imposed that would adequately protect the community; or (ii) probable cause exists to believe that the person's condition has so changed that: (A) The person no longer meets the definition of a sexually violent predator; or (B) release to a proposed less restrictive alternative would be in the best interest of the person and conditions can be imposed that would adequately protect the community, then the court shall set a hearing on either or both issues.
(d) If the court has not previously considered the issue of release to a less restrictive alternative, either through a trial on the merits or through the procedures set forth in RCW 71.09.094(1), the court shall consider whether release to a less restrictive alternative would be in the best interests of the person and conditions can be imposed that would adequately protect the community, without considering whether the person's condition has changed. The court may not find probable cause for a trial addressing less restrictive alternatives unless a proposed less restrictive alternative placement meeting the conditions of RCW 71.09.092 is presented to the court at the show cause hearing.
(3)(a) At the hearing
resulting from subsection (1) or (2) of this section, the committed person
shall be entitled to be present and to the benefit of all constitutional
protections that were afforded to the person at the initial commitment
proceeding. The prosecuting agency shall represent the state and shall have a
right to a jury trial and to have the committed person evaluated by experts
chosen by the state. ((The department is responsible for the cost of one
expert or professional person to conduct an evaluation on the prosecuting
agency's behalf.)) The prosecuting agency shall have a right to a
current evaluation of the person by experts chosen by the state. The judge may
require the person to complete any or all of the following procedures or tests
if requested by the evaluator: (i) A clinical interview; (ii) psychological
testing; (iii) plethysmograph testing; and (iv) polygraph testing. The judge
may order the person to complete any other procedures and tests relevant to the
evaluation. The state is responsible for the costs of the evaluation. The
committed person shall also have the right to a jury trial and the right to
have experts evaluate him or her on his or her behalf and the court shall
appoint an expert if the person is indigent and requests an appointment.
(b) Whenever any indigent
person is subjected to an evaluation under (a) of this subsection, the ((department))
office of public defense is responsible for the cost of one expert or
professional person conducting an evaluation on the person's behalf. When the
person wishes to be evaluated by a qualified expert or professional person of
his or her own choice, such expert or professional person must be permitted to
have reasonable access to the person for the purpose of such evaluation, as
well as to all relevant medical and psychological records and reports. In the
case of a person who is indigent, the court shall, upon the person's request,
assist the person in obtaining an expert or professional person to perform an
evaluation or participate in the hearing on the person's behalf. Nothing in
this chapter precludes the person from paying for additional expert services at
his or her own expense.
(c) If the issue at the hearing is whether the person should be unconditionally discharged, the burden of proof shall be upon the state to prove beyond a reasonable doubt that the committed person's condition remains such that the person continues to meet the definition of a sexually violent predator. Evidence of the prior commitment trial and disposition is admissible. The recommitment proceeding shall otherwise proceed as set forth in RCW 71.09.050 and 71.09.060.
(d) If the issue at the hearing is whether the person should be conditionally released to a less restrictive alternative, the burden of proof at the hearing shall be upon the state to prove beyond a reasonable doubt that conditional release to any proposed less restrictive alternative either: (i) Is not in the best interest of the committed person; or (ii) does not include conditions that would adequately protect the community. Evidence of the prior commitment trial and disposition is admissible.
(4)(a) Probable cause exists to believe that a person's condition has "so changed," under subsection (2) of this section, only when evidence exists, since the person's last commitment trial, or less restrictive alternative revocation proceeding, of a substantial change in the person's physical or mental condition such that the person either no longer meets the definition of a sexually violent predator or that a conditional release to a less restrictive alternative is in the person's best interest and conditions can be imposed to adequately protect the community.
(b) A new trial proceeding under subsection (3) of this section may be ordered, or a trial proceeding may be held, only when there is current evidence from a licensed professional of one of the following and the evidence presents a change in condition since the person's last commitment trial proceeding:
(i) An identified physiological change to the person, such as paralysis, stroke, or dementia, that renders the committed person unable to commit a sexually violent act and this change is permanent; or
(ii) A change in the person's mental condition brought about through positive response to continuing participation in treatment which indicates that the person meets the standard for conditional release to a less restrictive alternative or that the person would be safe to be at large if unconditionally released from commitment.
(c) For purposes of this section, a change in a single demographic factor, without more, does not establish probable cause for a new trial proceeding under subsection (3) of this section. As used in this section, a single demographic factor includes, but is not limited to, a change in the chronological age, marital status, or gender of the committed person.
(5) The jurisdiction of the court over a person civilly committed pursuant to this chapter continues until such time as the person is unconditionally discharged.
(6) During any period of confinement pursuant to a criminal conviction, or for any period of detention awaiting trial on criminal charges, this section is suspended.
NEW SECTION. Sec. 8. A new section is added to chapter 71.09 RCW to read as follows:
The following activities, unless provided as part of investigation and preparation for any hearing or trial under this chapter, are beyond the scope of representation of an attorney under contract with the office of public defense pursuant to chapter 2.70 RCW for the purposes of providing indigent defense services in sexually violent predator civil commitment proceedings:
(1) Investigation or legal representation challenging the conditions of confinement at the special commitment center or any secure community transition facility;
(2) Investigation or legal representation for making requests under the public records act, chapter 42.56 RCW;
(3) Legal representation or advice regarding filing a grievance with the department as part of its grievance policy or procedure;
(4) Such other activities as may be excluded by policy or contract with the office of public defense.
NEW SECTION. Sec. 9. A new section is added to chapter 71.09 RCW to read as follows:
(1) The office of public defense is responsible for the cost of one expert or professional person conducting an evaluation on an indigent person's behalf as provided in RCW 71.09.050, 71.09.070, or 71.09.090.
(2) Expert evaluations are capped at ten thousand dollars, to include all professional fees, travel, per diem, and other costs. Partial evaluations are capped at five thousand five hundred dollars and expert services apart from an evaluation, exclusive of testimony at trial or depositions, are capped at six thousand dollars.
(3) The office of public defense will pay for the costs related to the evaluation of an indigent person by an additional examiner or in excess of the stated fee caps only upon a finding by the superior court that such appointment or extraordinary fees are for good cause.
Sec. 10. RCW 71.09.110 and 2010 1st sp.s. c 28 s 3 are each amended to read as follows:
The department of social
and health services shall be responsible for ((all)) the costs
relating to the ((evaluation and)) treatment of persons committed to
their custody whether in a secure facility or under a less restrictive
alternative ((under any provision of)) as provided in this
chapter. ((The secretary shall adopt rules to contain costs relating to
reimbursement for evaluation services.)) Reimbursement may be obtained by
the department for the cost of care and treatment of persons committed to its
custody whether in a secure facility or under a less restrictive alternative
pursuant to RCW 43.20B.330 through 43.20B.370.
Sec. 11. RCW 71.09.120 and 1990 c 3 s 1012 are each amended to read as follows:
(1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public, concerning a specific sexually violent predator committed under this chapter.
(2) The department and the
courts are authorized to release to the office of public defense records needed
to implement the office's administration of public defense in these cases,
including research, reports, and other functions as required by RCW 2.70.020
and section 2 of this act. The office of public defense shall maintain the
confidentiality of all confidential information included in the records.
(3) The inspection or copying of any nonexempt public record by
persons residing in a civil commitment facility for sexually violent predators
may be enjoined following procedures identified in RCW 42.56.565. The
injunction may be requested by:
(a) An agency or its representative;
(b) A person named in the record or his or her representative;
(c) A person to whom the request specifically pertains or his or her
representative.
Sec. 12. RCW 71.09.140 and 1995 c 216 s 17 are each amended to read as follows:
(1) At the earliest possible date, and in no event later than thirty days before conditional release or unconditional discharge, except in the event of escape, the department of social and health services shall send written notice of conditional release, unconditional discharge, or escape, to the following:
(a) The chief of police of the city, if any, in which the person will reside or in which placement will be made under a less restrictive alternative;
(b) The sheriff of the county in which the person will reside or in which placement will be made under a less restrictive alternative; and
(c) The sheriff of the county where the person was last convicted of a sexually violent offense, if the department does not know where the person will reside.
The department shall notify the state patrol of the release of all sexually violent predators and that information shall be placed in the Washington crime information center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this section shall be sent to the following if such notice has been requested in writing about a specific person found to be a sexually violent predator under this chapter:
(a) The victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. "Next of kin" as used in this section means a person's spouse, parents, siblings, and children;
(b) Any witnesses who testified against the person in his or her commitment trial under RCW 71.09.060; and
(c) Any person specified
in writing by the prosecuting ((attorney)) agency.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting ((attorney)) agency
to receive the notice, and the notice are confidential and shall not be
available to the committed person.
(3) If a person committed as a sexually violent predator under this chapter escapes from a department of social and health services facility, the department shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the committed person resided immediately before his or her commitment as a sexually violent predator, or immediately before his or her incarceration for his or her most recent offense. If previously requested, the department shall also notify the witnesses and the victims of the sexually violent offenses for which the person was convicted in the past or the victim's next of kin if the crime was a homicide. If the person is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(4) If the victim or victims of any sexually violent offenses for which the person was convicted in the past or the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(5) The department of social and health services shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(6) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.
NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 14. This act takes effect July 1, 2012."
Correct the title.
and the same are herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Regala moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6493.
Senators Regala and Stevens spoke in favor of the motion.
MOTION
On motion of Senator Harper, Senator Ranker was excused.
The President declared the question before the Senate to be the motion by Senator Regala that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 6493.
The motion by Senator Regala carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 6493 by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6493, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6493, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
SUBSTITUTE SENATE BILL NO. 6493, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
The Senate resumed consideration of Engrossed Substitute Senate Bill No. 6555 which had been deferred earlier in the day.
Senator Hargrove spoke in favor of the motion.
MOTION
On motion of Senator Harper, Senator Ranker was excused.
The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 6555.
The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 6555 by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6555, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6555, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
ENGROSSED SUBSTITUTE SENATE BILL NO. 6555, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MESSAGE FROM THE HOUSE
March 5, 2012
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2264 and asks the Senate to recede therefrom.
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
Senator Hargrove moved that the Senate recede from its position on the Senate amendments to Engrossed Second Substitute House Bill No. 2264.
The President declared the question before the Senate to be motion by Senator Hargrove that the Senate recede from its position on the Senate amendments to Engrossed Second Substitute House Bill No. 2264.
The motion by Senator Hargrove carried and the Senate receded from its amendments to Engrossed Second Substitute House Bill No. 2264 by voice vote.
MOTION
On motion of Senator Hargrove, the rules were suspended and Engrossed Second Substitute House Bill No. 2264 was returned to second reading for the purpose of amendment.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2264, by House Committee on Ways & Means (originally sponsored by Representatives Kagi, Walsh, Hinkle, Carlyle, Darneille, Jinkins, Roberts, Dickerson and Ryu)
Concerning performance-based contracting related to child welfare services.
The measure was read the second time.
MOTION
Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that:
(a) The state of Washington and several Indian tribes in the state of Washington assume legal responsibility for abused or neglected children when their parents or caregivers are unable or unwilling to adequately provide for their safety, health, and welfare;
(b) Washington state has a strong history of partnership between the department of social and health services and contracted service providers who currently serve children and families in the child welfare system. The department and its contracted service providers have responsibility for providing services to address parenting deficiencies resulting in child maltreatment, and the needs of children impacted by maltreatment;
(c) Department caseworkers and contracted service providers each play a critical and complementary role in the child welfare system;
(d) The current system of contracting for services needed by children and families in the child welfare system is fragmented, inflexible, and lacks incentives for improving outcomes for children and families.
(2) The legislature intends:
(a) To reform the delivery of certain services to children and families in the child welfare system by creating a flexible, accountable community-based system of care that utilizes performance-based contracting, maximizes the use of evidence-based, research-based, and promising practices, and expands the capacity of community-based agencies to leverage local funding and other resources to benefit children and families served by the department;
(b) To achieve improved child safety, child permanency, including reunification, and child well-being outcomes through the collaborative efforts of the department and contracted service providers and the prioritization of these goals in performance-based contracting; and
(c) To implement performance-based contracting under this act in a manner that supports and complies with the federal and Washington state Indian child welfare act.
NEW SECTION. Sec. 2. For purposes of this chapter:
(1) "Case management" means convening family meetings, developing, revising, and monitoring implementation of any case plan or individual service and safety plan, coordinating and monitoring services needed by the child and family, caseworker-child visits, family visits, and the assumption of court-related duties, excluding legal representation, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the child is progressing toward permanency within state and federal mandates, including the Indian child welfare act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.
(3) "Child-placing agency" has the same meaning as in RCW 74.15.020.
(4) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected children;
(c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.
(5) "Department" means the department of social and health services.
(6) "Evidence-based" means a program or practice that is cost- effective and includes at least two randomized or statistically controlled evaluations that have demonstrated improved outcomes for its intended population.
(7) "Network administrator" means an entity that contracts with the department to provide defined services to children and families in the child welfare system through its provider network, as provided in section 3 of this act.
(8) "Performance-based contracting" means structuring all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes and linking payment for services to contractor performance.
(9) "Promising practice" means a practice that presents, based upon preliminary information, potential for becoming a research-based or consensus-based practice.
(10) "Provider network" means those service providers who contract with a network administrator to provide services to children and families in the geographic area served by the network administrator.
(11) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
NEW SECTION. Sec. 3. (1) No later than December 1, 2013, the department shall enter into performance-based contracts for the provision of family support and related services. The department may enter into performance-based contracts for additional services, other than case management.
(2) Beginning December 1, 2013, the department may not renew its current contracts with individuals or entities for the provision of the child welfare services included in performance-based contracts under this section for services in geographic areas served by network administrators under such contracts, except as mutually agreed upon between the department and the network administrator to allow for the successful transition of services that meet the needs of children and families.
(3) The department shall conduct a procurement process to enter into performance-based contracts with one or more network administrators for family support and related services. As part of the procurement process, the department shall consult with department caseworkers, the exclusive bargaining representative for employees of the department, tribal representatives, parents who were formerly involved in the child welfare system, youth currently or previously in foster care, child welfare services researchers, and the Washington state institute for public policy to assist in identifying the categories of family support and related services that will be included in the procurement. The categories of family support and related services shall be defined no later than July 15, 2012. In identifying services, the department must review current data and research related to the effectiveness of family support and related services that mitigate child safety concerns and promote permanency, including reunification, and child well-being. Expenditures for family support and related services purchased under this section must remain within the levels appropriated in the operating budget.
(4)(a) Network administrators shall, directly or through subcontracts with service providers:
(i) Assist caseworkers in meeting their responsibility for implementation of case plans and individual service and safety plans; and
(ii) Provide the family support and related services within the categories of contracted services that are included in a child or family's case plan or individual service and safety plan within funds available under contract.
(b) While the department caseworker retains responsibility for case management, nothing in this act limits the ability of the department to continue to contract for the provision of case management services by child-placing agencies, behavioral rehabilitation services agencies, or other entities that provided case management under contract with the department prior to July 1, 2005.
(5) In conducting the procurement, the department shall actively consult with other state agencies with relevant expertise, such as the health care authority, and with philanthropic entities with expertise in performance-based contracting for child welfare services. The director of the office of financial management must approve the request for proposal prior to its issuance.
(6) The procurement process must be developed and implemented in a manner that complies with applicable provisions of intergovernmental agreements between the state of Washington and tribal governments and must provide an opportunity for tribal governments to contract for service delivery through network administrators.
(7) The procurement and resulting contracts must include, but are not limited to, the following standards and requirements:
(a) The use of family engagement approaches to successfully motivate families to engage in services and training of the network's contracted providers to apply such approaches;
(b) The use of parents and youth who are successful veterans of the child welfare system to act as mentors through activities that include, but are not limited to, helping families navigate the system, facilitating parent engagement, and minimizing distrust of the child welfare system;
(c) The establishment of qualifications for service providers participating in provider networks, such as appropriate licensure or certification, education, and accreditation by professional accrediting entities;
(d) Adequate provider capacity to meet the anticipated service needs in the network administrator's contracted service area. The network administrator must be able to demonstrate that its provider network is culturally competent and has adequate capacity to address disproportionality, including utilization of tribal and other ethnic providers capable of serving children and families of color or who need language-appropriate services;
(e) Fiscal solvency of network administrators and providers participating in the network;
(f) The use of evidence-based, research-based, and promising practices, where appropriate, including fidelity and quality assurance provisions;
(g) Network administrator quality assurance activities, including monitoring of the performance of providers in their provider network, with respect to meeting measurable service outcomes;
(h) Network administrator data reporting, including data on contracted provider performance and service outcomes; and
(i) Network administrator compliance with applicable provisions of intergovernmental agreements between the state of Washington and tribal governments and the federal and Washington state Indian child welfare act.
(8) As part of the procurement process under this section, the department shall issue the request for proposals no later than December 31, 2012. The department shall notify the apparently successful bidders no later than June 30, 2013.
(9) Performance-based payment methodologies must be used in network administrator contracting. Performance measures should relate to successful engagement by a child or parent in services included in their case plan, and resulting improvement in identified problem behaviors and interactions. For the initial three-year period of implementation of performance-based contracting, the department may transfer financial risk for the provision of services to network administrators only to the limited extent necessary to implement a performance-based payment methodology, such as phased payment for services. However, the department may develop a shared savings methodology through which the network administrator will receive a defined share of any savings that result from improved performance. If the department receives a Title IV-E waiver, the shared savings methodology must be consistent with the terms of the waiver. If a shared savings methodology is adopted, the network administrator shall reinvest the savings in enhanced services to better meet the needs of the families and children they serve.
(10) The department must actively monitor network administrator compliance with the terms of contracts executed under this section.
(11) The use of performance-based contracts under this section must be done in a manner that does not adversely affect the state's ability to continue to obtain federal funding for child welfare-related functions currently performed by the state and with consideration of options to further maximize federal funding opportunities and increase flexibility in the use of such funds, including use for preventive and in-home child welfare services.
NEW SECTION. Sec. 4. (1) For those services included in contracts under section 3 of this act, the service providers must be chosen by the department caseworker from among those in the network administrator's provider network. The criteria for provider selection must include the geographic proximity of the provider to the child or family, and the performance of the provider based upon data collected and provided by the network administrator. If a reasonably qualified provider is not available through the network administrator's provider network, at the request of a department caseworker, a provider who is not currently under contract with the network administrator may be offered a provisional contract by the network administrator, pending that provider demonstrating that he or she meets applicable provider qualifications to participate in the administrator's provider network.
(2) The department shall develop a dispute resolution process to be used when the network administrator disagrees with the department caseworker's choice of a service provider due to factors such as the service provider's performance history or ability to serve culturally diverse families. The mediator or decision maker must be a neutral employee of the department who has not been previously involved in the case. The dispute resolution process must not result in a delay of more than two business days in the receipt of needed services by the child or family.
(3) The department and network administrator shall collaborate to identify and respond to patterns or trends in service utilization that may indicate overutilization or underutilization of family support and related services, or may indicate a need to enhance service capacity.
NEW SECTION. Sec. 5. (1) On an annual basis, beginning in the 2015-2017 biennium, the department and contracted network administrators shall:
(a) Review and update the services offered through performance- based contracts in response to service outcome data for currently contracted services and any research that has identified new evidence- based or research-based services not included in a previous procurement; and
(b) Review service utilization and outcome data to determine whether changes are needed in procurement policies or performance-based contracts to better meet the goals established in section 1 of this act.
(2) In conducting the review under subsection (1) of this section, the department must consult with department caseworkers, the exclusive bargaining representative for employees of the department, tribal representatives, parents who were formerly involved in the child welfare system, youth currently or previously in foster care, child welfare services researchers, representatives of child welfare service providers, and the Washington state institute for public policy.
NEW SECTION. Sec. 6. (1) To achieve the service delivery improvements and efficiencies intended in sections 1, 3, 4, and 7 of this act and in RCW 74.13.370, and pursuant to RCW 41.06.142(3), contracting with network administrators to provide services needed by children and families in the child welfare system, pursuant to sections 3 and 4 of this act, and execution and monitoring of individual provider contracts, pursuant to section 3 of this act, are expressly mandated by the legislature and are not subject to the processes set forth in RCW 41.06.142 (1), (4), and (5).
(2) The express mandate in subsection (1) of this section is limited to those services and activities provided in sections 3 and 4 of this act. If the department includes services customarily and historically performed by department employees in the classified service in a procurement for network administrators that exceeds the scope of services or activities provided in sections 3 and 4 of this act, such contracting is not specifically mandated and will be subject to all applicable contractual and legal obligations.
NEW SECTION. Sec. 7. For the purposes of the provision of child welfare services by provider networks, when all other elements of the responses to any procurement under section 3 of this act are equal, private nonprofit entities and federally recognized Indian tribes located in this state must receive primary preference over private for-profit entities.
Sec. 8. RCW 74.13.360 and 2010 c 291 s 4 are each amended to read as follows:
(1) ((No later than
July 1, 2011, the department shall convert its current contracts with providers
of child welfare services into performance-based contracts. In accomplishing
this conversion, the department shall decrease the total number of contracts it
uses to purchase child welfare services from providers. The conversion of
contracts for the provision of child welfare services to performance- based
contracts must be done in a manner that does not adversely affect the state's ability
to continue to obtain federal funding for child welfare related functions
currently performed by the state and with consideration of options to further
maximize federal funding opportunities and increase flexibility in the use of
such funds, including use for preventive and in-home child welfare services.
(2))) No later than December 30, ((2012)) 2015:
(a) In the demonstration sites selected under RCW 74.13.368(4)(a), child welfare services shall be provided by supervising agencies with whom the department has entered into performance-based contracts. Supervising agencies may enter into subcontracts with other licensed agencies; and
(b) Except as provided
in subsection (((4))) (3) of this section, and notwithstanding
any law to the contrary, the department may not directly provide child welfare
services to families and children provided child welfare services by
supervising agencies in the demonstration sites selected under RCW
74.13.368(4)(a).
(((3))) (2)
No later than December 30, ((2012)) 2015, for families and
children provided child welfare services by supervising agencies in the
demonstration sites selected under RCW 74.13.368(4)(a), the department is
responsible for only the following:
(a) Monitoring the quality of services for which the department contracts under this chapter;
(b) Ensuring that the services are provided in accordance with federal law and the laws of this state, including the Indian child welfare act;
(c) Providing child protection functions and services, including intake and investigation of allegations of child abuse or neglect, emergency shelter care functions under RCW 13.34.050, and referrals to appropriate providers; and
(d) Issuing licenses pursuant to chapter 74.15 RCW.
(((4))) (3)
No later than December 30, ((2012)) 2015, for families and
children provided child welfare services by supervising agencies in the
demonstration sites selected under RCW 74.13.368(4)(a), the department may
provide child welfare services only:
(a) For the limited purpose of establishing a control or comparison group as deemed necessary by the child welfare transformation design committee, with input from the Washington state institute for public policy, to implement the demonstration sites selected and defined pursuant to RCW 74.13.368(4)(a) in which the performance in achieving measurable outcomes will be compared and evaluated pursuant to RCW 74.13.370; or
(b) In an emergency or as a provider of last resort. The department shall adopt rules describing the circumstances under which the department may provide those services. For purposes of this section, "provider of last resort" means the department is unable to contract with a private agency to provide child welfare services in a particular geographic area or, after entering into a contract with a private agency, either the contractor or the department terminates the contract.
(((5))) (4)
For purposes of this chapter, on and after September 1, 2010, performance-based
contracts shall be structured to hold the supervising agencies accountable for
achieving the following goals in order of importance: Child safety; child
permanency, including reunification; and child well-being.
(((6))) (5)
A federally recognized tribe located in this state may enter into a
performance-based contract with the department to provide child welfare
services to Indian children whether or not they reside on a reservation.
Nothing in this section prohibits a federally recognized Indian tribe located
in this state from providing child welfare services to its members or other
Indian children pursuant to existing tribal law, regulation, or custom, or from
directly entering into agreements for the provision of such services with the
department, if the department continues to otherwise provide such services, or
with federal agencies.
Sec. 9. RCW 74.13.370 and 2009 c 520 s 9 are each amended to read as follows:
(1) Based upon the
recommendations of the child welfare transformation design committee, including
the two sets of outcomes developed by the committee under RCW 74.13.368(4)(b),
the Washington state institute for public policy is to conduct a review of
measurable effects achieved by the supervising agencies and compare those
measurable effects with the existing services offered by the state. The report
on the measurable effects shall be provided to the governor and the legislature
no later than April 1, ((2015)) 2018.
(2) No later than ((June
30, 2011)) December 1, 2014, the Washington state institute for
public policy shall provide the legislature and the governor an initial report
on the department's conversion to the use of performance-based contracts as
provided in ((RCW 74.13.360(1))) sections 3 and 4 of this act.
No later than June 30, ((2012)) 2016, the Washington state
institute for public policy shall provide the governor and the legislature with
a second report on the ((department's conversion of its contracts to
performance-based contracts)) extent to which the use of
performance-based contracting has resulted in:
(a) Increased use of evidence-based, research-based, and promising
practices; and
(b) Improvements in outcomes for children, including child safety,
child permanency, including reunification, and child well-being.
(3) The department and network administrators shall respond to the Washington institute for public policy's request for data and other information with which to complete these reports in a timely manner.
(4) The Washington state institute for public policy must consult with a university-based child welfare research entity to evaluate performance-based contracting.
Sec. 10. RCW 74.13.368 and 2010 c 291 s 2 are each amended to read as follows:
(1)(a) The child welfare transformation design committee is established, with members as provided in this subsection.
(i) The governor or the governor's designee;
(ii) Four private agencies that, as of May 18, 2009, provide child welfare services to children and families referred to them by the department. Two agencies must be headquartered in western Washington and two must be headquartered in eastern Washington. Two agencies must have an annual budget of at least one million state-contracted dollars and two must have an annual budget of less than one million state- contracted dollars;
(iii) The assistant secretary of the children's administration in the department;
(iv) Two regional administrators in the children's administration selected by the assistant secretary, one from one of the department's administrative regions one or two, and one from one of the department's administrative regions three, four, five, or six;
(v) The administrator for the division of licensed resources in the children's administration;
(vi) Two nationally recognized experts in performance-based contracts;
(vii) The attorney general or the attorney general's designee;
(viii) A representative of the collective bargaining unit that represents the largest number of employees in the children's administration;
(ix) A representative from the office of the family and children's ombudsman;
(x) Four representatives from the Indian policy advisory committee convened by the department's office of Indian policy and support services;
(xi) Two currently elected or former superior court judges with significant experience in dependency matters, selected by the superior court judges' association;
(xii) One representative from partners for our children affiliated with the University of Washington school of social work;
(xiii) A member of the Washington state racial disproportionality advisory committee;
(xiv) A foster parent;
(xv) A youth currently in or a recent alumnus of the Washington state foster care system, to be designated by the cochairs of the committee; and
(xvi) A parent representative who has had personal experience with the dependency system.
(b) The president of the senate and the speaker of the house of representatives shall jointly appoint the members under (a)(ii), (xiv), and (xvi) of this subsection.
(c) The representative from partners for our children shall convene the initial meeting of the committee no later than June 15, 2009.
(d) The cochairs of the committee shall be the assistant secretary for the children's administration and another member selected by a majority vote of those members present at the initial meeting.
(2) The committee shall establish a transition plan containing recommendations to the legislature and the governor consistent with this section for the provision of child welfare services by supervising agencies pursuant to RCW 74.13.360.
(3) The plan shall include the following:
(a) A model or framework for performance-based contracts to be used by the department that clearly defines:
(i) The target population;
(ii) The referral and exit criteria for the services;
(iii) The child welfare services including the use of evidence- based services and practices to be provided by contractors;
(iv) The roles and responsibilities of public and private agency workers in key case decisions;
(v) Contract performance and outcomes, including those related to eliminating racial disparities in child outcomes;
(vi) That supervising agencies will provide culturally competent service;
(vii) How to measure
whether each contractor has met the goals listed in RCW 74.13.360(((5)))
(4); and
(viii) Incentives to meet performance outcomes;
(b) ((A method by
which the department will substantially reduce its current number of contracts
for child welfare services;
(c))) A method or methods by which clients will access community-
based services, how private supervising agencies will engage other services or
form local service networks, develop subcontracts, and share information and
supervision of children;
(((d))) (c)
Methods to address the effects of racial disproportionality, as identified in
the 2008 Racial Disproportionality Advisory Committee Report published by the
Washington state institute for public policy in June 2008;
(((e))) (d)
Methods for inclusion of the principles and requirements of the centennial
accord executed in November 2001, executed between the state of Washington and
federally recognized tribes in Washington state;
(((f))) (e)
Methods for assuring performance‑based contracts adhere to the letter and
intent of the federal Indian child welfare act;
(((g))) (f)
Contract monitoring and evaluation procedures that will ensure that children
and families are receiving timely and quality services and that contract terms
are being implemented;
(((h))) (g)
A method or methods by which to ensure that the children's administration has
sufficiently trained and experienced staff to monitor and manage
performance-based contracts;
(((i))) (h)
A process by which to expand the capacity of supervising and other private
agencies to meet the service needs of children and families in a
performance-based contractual arrangement;
(((j))) (i)
A method or methods by which supervising and other private agencies can expand
services in underserved areas of the state;
(((k))) (j)
The appropriate amounts and procedures for the reimbursement of supervising
agencies given the proposed services restructuring;
(((l))) (k)
A method by which to access and enhance existing data systems to include
contract performance information;
(((m))) (l)
A financing arrangement for the contracts that examines:
(i) The use of case rates or performance-based fee-for-service contracts that include incentive payments or payment schedules that link reimbursement to outcomes; and
(ii) Ways to reduce a contractor's financial risk that could jeopardize the solvency of the contractor, including consideration of the use of a risk-reward corridor that limits risk of loss and potential profits or the establishment of a statewide risk pool;
(((n))) (m)
A description of how the transition will impact the state's ability to obtain
federal funding and examine options to further maximize federal funding
opportunities and increased flexibility;
(((o))) (n)
A review of whether current administrative staffing levels in the regions
should be continued when the majority of child welfare services are being
provided by supervising agencies;
(((p))) (o)
A description of the costs of the transition, the initial start-up costs and
the mechanisms to periodically assess the overall adequacy of funds and the
fiscal impact of the changes, and the feasibility of the plan and the impact of
the plan on department employees during the transition; and
(((q))) (p)
Identification of any statutory and regulatory revisions necessary to
accomplish the transition.
(4)(a) The committee, with the assistance of the department, shall select two demonstration sites within which to implement chapter 520, Laws of 2009. One site must be located on the eastern side of the state. The other site must be located on the western side of the state. Neither site must be wholly located in any of the department's administrative regions.
(b) The committee shall develop two sets of performance outcomes to be included in the performance-based contracts the department enters into with supervising agencies. The first set of outcomes shall be used for those cases transferred to a supervising agency over time. The second set of outcomes shall be used for new entrants to the child welfare system.
(c) The committee shall also identify methods for ensuring that comparison of performance between supervising agencies and the existing service delivery system takes into account the variation in the characteristics of the populations being served as well as historical trends in outcomes for those populations.
(5) The committee shall determine the appropriate size of the child and family populations to be provided services under performance-based contracts with supervising agencies. The committee shall also identify the time frame within which cases will be transferred to supervising agencies. The performance-based contracts entered into with supervising agencies shall encompass the provision of child welfare services to enough children and families in each demonstration site to allow for the assessment of whether there are meaningful differences, to be defined by the committee, between the outcomes achieved in the demonstration sites and the comparison sites or populations. To ensure adequate statistical power to assess these differences, the populations served shall be large enough to provide a probability greater than seventy percent that meaningful difference will be detected and a ninety-five percent probability that observed differences are not due to chance alone.
(6) The committee shall
also prepare as part of the plan a recommendation as to how to implement
chapter 520, Laws of 2009 so that full implementation of chapter 520, Laws of
2009 is achieved no later than December 30, ((2012)) 2015.
(7) The committee shall prepare the plan to manage the delivery of child welfare services in a manner that achieves coordination of the services and programs that deliver primary prevention services.
(8) Beginning June 30,
2009, the committee shall report quarterly to the governor and the legislative
children's oversight committee established in RCW 44.04.220. From June 30,
2012, until ((January 1)) December 30, 2015, the committee need
only report twice a year. The committee shall report on its progress in
meeting its duties under subsections (2) and (3) of this section and on any
other matters the committee or the legislative children's oversight committee
or the governor deems appropriate. The portion of the plan required in
subsection (6) of this section shall be due to the legislative children's
oversight committee on or before June 1, 2010. The reports shall be in written
form.
(9) The committee, by majority vote, may establish advisory committees as it deems necessary.
(10) All state executive branch agencies and the agencies with whom the department contracts for child welfare services shall cooperate with the committee and provide timely information as the chair or cochairs may request. Cooperation by the children's administration must include developing and scheduling training for supervising agencies to access data and information necessary to implement and monitor the contracts.
(11) It is expected that the administrative costs for the committee will be supported through private funds.
(12) ((Staff support
for the committee shall be provided jointly by partners for our children and
legislative staff.
(13))) The committee is subject to chapters 42.30 (open public
meetings act) and 42.52 (ethics in public service) RCW.
(((14))) (13)
This section expires July 1, ((2015)) 2016.
Sec. 11. RCW 74.13.372 and 2009 c 520 s 10 are each amended to read as follows:
Not later than June 1,
((2015)) 2018, the governor shall, based on the report by the
Washington state institute for public policy, determine whether to expand
chapter 520, Laws of 2009 to the remainder of the state or terminate chapter
520, Laws of 2009. The governor shall inform the legislature of his or her
decision within seven days of the decision. The department shall, regardless
of the decision of the governor regarding the delivery of child welfare
services, continue to purchase services through the use of performance-based
contracts.
Sec. 12. RCW 74.13.020 and 2011 c 330 s 4 are each reenacted and amended to read as follows:
For purposes of this chapter:
(1) "Case
management" means ((the management of services delivered to children
and families in the child welfare system, including permanency services,
caseworker-child visits, family visits, the convening of family group
conferences, the development and revision of the case plan, the coordination
and monitoring of services needed by the child and family,)) convening
family meetings, developing, revising, and monitoring implementation of any
case plan or individual service and safety plan, coordinating and monitoring
services needed by the child and family, caseworker-child visits, family
visits, and the assumption of court-related duties, excluding legal
representation, including preparing court reports, attending judicial hearings
and permanency hearings, and ensuring that the child is progressing toward
permanency within state and federal mandates, including the Indian child
welfare act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.
(3) "Child protective services" has the same meaning as in RCW 26.44.020.
(4) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected children;
(c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.
"Child welfare services" does not include child protection services.
(5) "Committee" means the child welfare transformation design committee.
(6) "Department" means the department of social and health services.
(7) "Extended foster care services" means residential and other support services the department is authorized to provide to foster children. These services include, but are not limited to, placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; and counseling or treatment.
(8) "Measurable effects" means a statistically significant change which occurs as a result of the service or services a supervising agency is assigned in a performance-based contract, in time periods established in the contract.
(9) "Out-of-home care services" means services provided after the shelter care hearing to or for children in out-of-home care, as that term is defined in RCW 13.34.030, and their families, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation of the adoption process, family reunification, independent living, emergency shelter, residential group care, and foster care, including relative placement.
(10) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts shall also include provisions that link the performance of the contractor to the level and timing of reimbursement.
(11) "Permanency services" means long-term services provided to secure a child's safety, permanency, and well-being, including foster care services, family reunification services, adoption services, and preparation for independent living services.
(12) "Primary prevention services" means services which are designed and delivered for the primary purpose of enhancing child and family well-being and are shown, by analysis of outcomes, to reduce the risk to the likelihood of the initial need for child welfare services.
(13) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services, as defined in this section. This definition is applicable on or after December 30, 2015.
NEW SECTION. Sec. 13. Sections 1 through 7 of this act constitute a new chapter in Title 74 RCW."
Senator Hargrove spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Engrossed Second Substitute House Bill No. 2264.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "system;" strike the remainder of the title and insert "amending RCW 74.13.360, 74.13.370, 74.13.368, and 74.13.372; reenacting and amending RCW 74.13.020; adding a new chapter to Title 74 RCW; and providing an expiration date."
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute House Bill No. 2264 as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hargrove spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute House Bill No. 2264 as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 2264 as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senators Chase and Roach
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2264 as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 6159, by Senators Hargrove, Regala, Harper and Padden
Concerning a business and occupation tax deduction for amounts received with respect to dispute resolution services.
The measure was read the second time.
MOTION
On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 6159 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hargrove and Padden spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6159.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6159 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Baumgartner, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Padden, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rolfes, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and Zarelli
Voting nay: Senator Frockt
SENATE BILL NO. 6159, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 10:55 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
EVENING SESSION
The Senate was called to order at 5:48 p.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 7, 2012
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2190 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees; Representatives: Clibborn, Billig, Armstrong
and the same is herewith transmitted.
BARBARA BAKER, Chief Clerk
MOTION
On motion of Senator Haugen, the Senate granted the request of the House for a conference on Engrossed Substitute House Bill No. 2190 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 2190 and the House amendment(s) there to: Senators Eide, Haugen and King.
MOTION
On motion of Senator Eide, the appointments to the conference committee were confirmed.
MOTION
At 5:50 p.m., on motion of Senator Eide, the Senate adjourned until 9:30 a.m. Thursday, March 8, 2012.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate
2190-S
Messages.............................................................................. 25
2233-S
Messages................................................................................ 1
2264-S2
Messages.............................................................................. 18
Other Action................................................................... 18, 24
Second Reading................................................................... 18
Third Reading Final Passage............................................... 24
2349-S
Messages................................................................................ 1
2452-S2
Messages................................................................................ 1
2483-S2
Introduction & 1st Reading..................................................... 1
Messages................................................................................ 1
Other Action........................................................................... 2
2565-S2
Messages................................................................................ 1
2614-S
Messages................................................................................ 1
2620
Introduction & 1st Reading..................................................... 2
Messages................................................................................ 1
Other Action........................................................................... 2
2803
Introduction & 1st Reading..................................................... 2
Other Action........................................................................... 2
5343-S2
President Signed..................................................................... 3
6044-S
President Signed..................................................................... 3
6081-S
Messages................................................................................ 1
President Signed..................................................................... 3
6082
President Signed..................................................................... 3
6103-S
President Signed..................................................................... 3
6135-S
Messages................................................................................ 5
6150-S
Messages............................................................................ 1, 5
6159
Second Reading................................................................... 24
Third Reading Final Passage............................................... 24
6223
President Signed..................................................................... 3
6455-S
Messages................................................................................ 5
6493-S
Final Passage as amended by House.................................... 18
Messages.............................................................................. 13
Other Action......................................................................... 17
6494-S
Messages................................................................................ 5
6545
President Signed..................................................................... 3
6555-S
Final Passage as amended by House.................................... 18
Messages................................................................................ 5
Other Action......................................................................... 13
6582-S
Messages................................................................................ 5
8704
Adopted.................................................................................. 3
Introduced.............................................................................. 2
9191 Don Dennis
Confirmed.............................................................................. 3
9249 Phyllis Gleasman
Confirmed.............................................................................. 4
9258 Ron Sims
Confirmed.............................................................................. 4
9271 William Ayer
Confirmed.............................................................................. 4
9275 Patrick Shanahan
Confirmed.............................................................................. 3
9277 Brad Flaherty
Confirmed.............................................................................. 3
PRESIDENT OF THE SENATE
Intro. Special Guests, Paddle to Squaxin 2012 members...... 3