5244-S.E AMH CFS H2844.1

5244-S.E AMH CFS H2844.1

ESSB 5244 - H COMM AMD ADOPTED 4/6/95

By Committee on Children & Family Services

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 74.12.010 and 1992 c 136 s 2 are each amended to read as follows:

For the purposes of the administration of aid to families with dependent children assistance, the term "dependent child" means any child in need under the age of eighteen years who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of the parent, and who is living with a relative as specified under federal aid to families with dependent children program requirements, in a place of residence maintained by one or more of such relatives as his or their homes. The term "dependent child" does not include a child who voluntarily leaves the home of a parent, without the consent of the parent, unless:

(1) Out-of-home placement has been approved for that child under chapter 13.32A RCW and the parent is required to contribute to support of the child pursuant to RCW 13.32A.175; or

(2) The child has been determined by a court to meet the criteria under RCW 13.34.030(4) (a), (b), or (c).

The term a "dependent child" shall, notwithstanding the foregoing, also include a child who would meet such requirements except for his removal from the home of a relative specified above as a result of a judicial determination that continuation therein would be contrary to the welfare of such child, for whose placement and care the state department of social and health services or the county office is responsible, and who has been placed in a licensed or approved child care institution or foster home as a result of such determination and who: ((~~(1)~~)) Was receiving an aid to families with dependent children grant for the month in which court proceedings leading to such determination were initiated; or ((~~(2)~~)) would have received aid to families with dependent children for such month if application had been made therefor; or ((~~(3)~~)) in the case of a child who had been living with a specified relative within six months prior to the month in which such proceedings were initiated, would have received aid to families with dependent children for such month if in such month he had been living with such a relative and application had been made therefor, as authorized by the Social Security Act: PROVIDED, That to the extent authorized by the legislature in the biennial appropriations act and to the extent that matching funds are available from the federal government, aid to families with dependent children assistance shall be available to any child in need who has been deprived of parental support or care by reason of the unemployment of a parent or stepparent liable under this chapter for support of the child.

"Aid to families with dependent children" means money payments, services, and remedial care with respect to a dependent child or dependent children and the needy parent or relative with whom the child lives and may include another parent or stepparent of the dependent child if living with the parent and if the child is a dependent child by reason of the physical or mental incapacity or unemployment of a parent or stepparent liable under this chapter for the support of such child.

NEW SECTION. Sec. 2. A new section is added to chapter 74.12 RCW to read as follows:

(1) Whenever the department receives an application for aid to families with dependent children assistance on behalf of a child under this chapter, the department shall determine whether the child is living with a parent of the child. Whenever the child is living in the home of a person or relative other than a parent of the child, the department shall notify the parent that an application for assistance on behalf of the child has been received by the department.

(2) If the department determines that the child has voluntarily left the home of a parent, without the consent of the parent, the department shall advise the parent of the provisions of the family reconciliation act under Chapter 13.32A RCW.

(3) Upon written request of the parent, the department shall notify the parent of the address and location of the child subject to the provisions of RCW 74.04.060.

(4) If a child voluntarily leaves the home of a parent, without parental consent, the parent has no obligation or duty to pay for any aid to families with dependent children assistance provided under this chapter.

Sec. 3. RCW 74.04.060 and 1987 c 435 s 29 are each amended to read as follows:

(1) For the protection of applicants and recipients, the department and the county offices and their respective officers and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files, papers and communications, except for purposes directly connected with the administration of the programs of this title. In any judicial proceeding, except such proceeding as is directly concerned with the administration of these programs, such records, files, papers and communications, and their contents, shall be deemed privileged communications and except for the right of any individual to inquire of the office whether a named individual is a recipient of welfare assistance and such person shall be entitled to an affirmative or negative answer. ((~~However,~~))

(2) Upon written request of a parent who has been awarded visitation rights in an action for divorce or separation or any parent with legal custody of the child, the department shall disclose to him or her the last known address and location of his or her natural or adopted children. The secretary shall adopt rules which establish procedures for disclosing the address of the children and providing, when appropriate, for prior notice to the custodian of the children. The notice shall state that a request for disclosure has been received and will be complied with by the department unless the department receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the other party or the child. Information supplied to a parent by the department shall be used only for purposes directly related to the enforcement of the visitation and custody provisions of the court order of separation or decree of divorce. No parent shall disclose such information to any other person except for the purpose of enforcing visitation provisions of the said order or decree.

(3) When an application for aid to families with dependent children assistance has been filed on the behalf of a child who has left his or her parent's home, without the parent's consent, the department shall, upon written request of the parent, disclose to the parent the last known address and location of the child. The department, when appropriate, shall provide prior notice to the adult with whom the child is living. The notice shall state that a request for disclosure has been received and will be complied with by the department unless the department receives a copy of a court order that enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the other party or the child. If the department believes that there is clear and cogent evidence that the parent is responsible for abuse or neglect of the child, the department may not disclose to the parent the child's last known address or location until a shelter care hearing under chapter 13.34 RCW has been held.

(4) The county offices shall maintain monthly at their offices a report showing the names and addresses of all recipients in the county receiving public assistance under this title, together with the amount paid to each during the preceding month.

(5) The provisions of this section shall not apply to duly designated representatives of approved private welfare agencies, public officials, members of legislative interim committees and advisory committees when performing duties directly connected with the administration of this title, such as regulation and investigation directly connected therewith: PROVIDED, HOWEVER, That any information so obtained by such persons or groups shall be treated with such degree of confidentiality as is required by the federal social security law.

(6) It shall be unlawful, except as provided in this section, for any person, body, association, firm, corporation or other agency to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists or names for commercial or political purposes of any nature. The violation of this section shall be a gross misdemeanor.

NEW SECTION. Sec. 4. A new section is added to chapter 74.04 RCW to read as follows:

The department shall pay to a parent his or her reasonable attorneys' fees attributable to reversing or correcting any proposed, preliminary, or final decision by the department or by an administrative law judge that if implemented would:

(1) Require the parent to reimburse the state for the department's payment provided under the "aid to families with dependent children" program where: (a) The department's payment is made for the parent's child who has voluntarily left the home of the parent to reside in the home of another person; (b) the department's payment is made on the child's behalf to such other person; and (c) the decision is reversed or corrected because the decision maker, contrary to law, had incorrectly classified the child as a "dependent child" under RCW 74.12.010;

(2) Deny a parent information disclosing the last known address and location of his or her child and where such disclosure is required under RCW 74.04.060; or

(3) Deny a parent's request for payment of reasonable attorneys' fees where the parent is entitled to the same under subsection (1) or (2) of this section. This subsection (3) only applies if the payment amount last requested in writing by the parent and denied by the department is more than ninety percent of the amount that is awarded in any legal action brought by the parent to collect payment.

NEW SECTION. Sec. 5. The provisions of section 4 of this act also apply to provide a parent with a right to payment of reasonable attorneys' fees attributable to reversing or correcting a decision made during the period commencing January 1, 1990, and ending on the effective date of this act. However, this retroactive right to payment shall be based on the law as it existed at the time of the department's decision.

NEW SECTION. Sec. 6. By October 1, 1995, the department shall request the governor to seek congressional action on any federal legislation that may be necessary to implement any sections of this act. By October 1, 1995, the department shall request the governor to seek federal agency action on any federal regulation that may require a federal waiver. By January 1 of each year, the department shall report to the legislature on the status of its efforts to obtain any federal statutory or regulatory waivers provided in this section. If all federal statutory or regulatory waivers necessary to fully implement this act have not been obtained, the department shall report the extent to which this act can be implemented without receipt of such waivers. The reporting requirement under this section shall terminate upon a report from the department that all waivers necessary to implement this act have been obtained.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

ESSB 5244 - H COMM AMD

By Committee on Children & Family Services

On page 1, line 2 of the title, after "children;" strike the remainder of the title and insert "amending RCW 74.12.010 and 74.04.060; adding a new section to chapter 74.12 RCW; adding a new section to chapter 74.04 RCW; and creating new sections."