6357

AN ACT Relating to children's services improvement; amending RCW 70.190.005, 70.190.010, 43.88.180, 26.23.045, 43.17.020, 70.190.030, 70.190.050, 70.190.060, 70.190.070, 70.190.080, 70.190.090, 70.190.100, 70.190.130, 69.50.520, 74.15.050, 74.15.060, 74.15.070, 74.15.080, 74.15.100, 74.15.120, and 74.15.200; reenacting and amending RCW 43.17.010 and 74.15.020; adding new sections to chapter 70.190 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 43.10 RCW; creating new sections; repealing RCW 70.190.140; providing effective dates; and declaring an emergency.

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

TABLE OF CONTENTS Page #

PART I(a) - CREATION OF DEPARTMENT OF CHILDREN'S SERVICES....... 2

PART I(b) - TRANSFER OF DUTIES TO DEPARTMENT OFCHILDREN'S SERVICES 11

PART I(c) - COMMUNITY NETWORKS................................. 18

PART II - TRANSFER OF CHILD PROTECTIVE SERVICE DUTIESTO ATTORNEY GENERAL........................................................... 29

PART III - TRANSFER OF INVESTIGATIVE DUTIES TO ATTORNEY GENERAL 31

PART IV - TRANSFER OF JUVENILE REHABILITATION DUTIESTO DEPARTMENT OF CORRECTIONS................................................ 33

PART V - TRANSFER OF LICENSING DUTIES TO DEPARTMENT OF HEALTH.. 34

PART VI - MISCELLANEOUS........................................ 42

PART I(a) - CREATION OF DEPARTMENT OF CHILDREN'S SERVICES

Sec. 1. RCW 70.190.005 and 1994 sp.s. c 7 s 301 are each amended to read as follows:

The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions including the structure and functioning of government must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help reconstruct family and community networks to assist in meeting the needs of children.

The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of an approach that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children ((~~and~~)), (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies, and (3) to establish separate focal points in the organization of state government and in the executive cabinet, where specific concerns relating to the support of children, the investigation of abuse and neglect, the punishment of juvenile offenders, and the licensing of children's services agencies can be directed.

Sec. 2. RCW 70.190.010 and 1995 c 399 s 200 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Administrative direction" means directing functions and programs, the use of technology, the structure of the organization, the allocations within the budget, and the size of the agency work force including determining the financial basis for layoffs. It also includes the right to direct and supervise employees, the right to take whatever actions are necessary to carry out the statutory missions of the state or its agencies during emergencies; but it does not include modifying the terms and conditions of employment as established under chapter 41.06 RCW or the applicable collective bargaining agreement.

(2) "Assessment" has the same meaning as provided in RCW 43.70.010.

(3) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.

(4) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.

(5) "Community public health and safety networks" or "networks" means the organizations authorized under RCW 70.190.060.

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

(7) "Comprehensive plan" means a two-year plan that examines ((~~available resources and unmet needs~~)) risk and protective factors for a county or multicounty area, considers barriers that limit the effective use of resources, and articulates a plan to address these issues that is broadly supported.

((~~(2)~~)) (8) "Department" means the department of children's services.

(9) "Participating state agencies" means the office of the superintendent of public instruction, the department of children's services, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.

((~~(3)~~)) (10) "Family policy council" or "council" means the superintendent of public instruction, the secretary of the department of children's services, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees, one legislator from each caucus of the senate and house of representatives, and one representative of the governor.

((~~(4)~~)) (11) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary or policy-making authority for an organization listed in (a) of this subsection. A person who acts solely in an advisory capacity and receives no compensation from a health, educational, social service, or justice system organization, and who has no budgetary or policy-making authority is deemed to have no fiduciary interest in the organization.

(12) "Outcome" or "outcome based" means defined and measurable outcomes ((~~and indicators that make it possible for communities~~)) used to evaluate progress in ((~~meeting their goals and whether systems are fulfilling their responsibilities~~)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.

((~~(5)~~)) (13) "Matching funds" means an amount no less than twenty-five percent of ((~~the amount budgeted for a consortium's project. Up to half of the consortium's~~)) funds from the violence reduction and drug enforcement account, created under RCW 69.50.520, appropriated for distribution by the council to the networks for plan implementation. The network's matching funds may be in-kind goods ((~~and~~)), services((~~. Funding sources allowable for match include~~)), appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

(((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))

(14) "Policy development" has the same meaning as provided in RCW 43.70.010.

(15) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable or healthy behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.

(16) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors. Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms and substance, child, and sexual abuse.

(17) "Secretary" means the secretary of the department of children's services.

NEW SECTION. Sec. 3. (1) There is hereby created a department of state government to be known as the department of children's services. The department shall be vested with all powers and duties transferred to it by this act and such other powers and duties as may be authorized by law. The main administrative office of the department shall be located in the city of Olympia. The secretary may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the department, and if consistent with the principles set forth in subsection (2) of this section.

(2) The department shall be organized consistent with the goals of providing state government with a focus on community development to benefit children and families. The legislature recognizes that the secretary needs sufficient organizational flexibility to carry out the department's various duties. To the extent practical, the secretary shall adhere to the following organizational principles:

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

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

(d) A regional organizational structure that on or before July 1, 2002, shall use selected public health and safety networks to provide administrative direction according to this chapter; and

(e) Decentralized authority and responsibility, with clear accountability for population-wide improvements in the health, safety, and social development of children, families, and communities.

(3) The department shall provide leadership and coordination in minimizing risks and strengthening protection and guidance for children by:

(a) Working with public health and safety networks and others to strengthen families and communities;

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

(d) Working with other federal, state, and local agencies and facilitating their involvement in providing assistance to communities;

(e) Providing information to the public; and

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

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

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

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

(7) The secretary shall appoint such deputy secretaries, assistant secretaries, and other administrative positions as deemed necessary consistent with the principles set forth in subsection (2) of this section. All persons who administer the necessary divisions, offices, bureaus, and programs, and five additional employees shall be exempt from the provisions of chapter 41.06 RCW. No employee of the department may supervise more than twenty-five employees, adopt rules on behalf of the secretary, or administer funds unless approved by a program, bureau, office, or division administrator according to the provisions of this section. The officers and employees appointed under this subsection shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the state civil service law.

NEW SECTION. Sec. 4. The executive head and appointing authority of the department shall be the secretary of the department. The secretary shall be appointed by the governor with the consent of the senate, and serve at the pleasure of the governor in accordance with RCW 43.17.020. Notwithstanding any other provision of law, neither the secretary nor any person acting as the secretary may serve for more than twelve months without senate confirmation. The secretary shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

NEW SECTION. Sec. 5. Any power or duty vested in or transferred to the secretary by law, or executive order, may be delegated by the secretary to the deputy director or to any other assistant or subordinate; but the secretary shall be responsible for the official acts of the officers and employees of the department.

NEW SECTION. Sec. 6. (1)(a) The department shall be exempt from:

(i) Allotment plan requirements under RCW 43.88.110, in those cases where the pilot agency can document that appropriate fiscal controls are in place;

(ii) Developing budgets at the object and subobject level under RCW 43.88.030 upon concurrence of the director of financial management that performance-based measures are adequate to identify and monitor agency performance and that the necessary agency internal controls are in place;

(iii) Full-time equivalent (FTE) and position/classification controls in the budget and by the office of financial management under RCW 43.88.160;

(iv) Limitations on entering into personal service contracts, as specified in chapter 39.29 RCW, if the department can document that appropriate management and fiscal controls over the contracts are in place and competitive procurement practices are followed;

(v) State-wide requirements for purchasing, material control, and central stores under chapter 43.19 RCW;

(vi) State-wide requirements for acquisition of real estate under RCW 43.82.010 and for payment of real estate services under RCW 43.01.090;

(vii) Requirements for purchasing information services and products under chapter 43.105 RCW in those cases where the department can document that services and products can be obtained in a more timely or efficient manner, or at a lower price, and that adequate management controls are in place;

(viii) Requirements for purchasing services from the state printer in RCW 43.78.030 and 43.78.100; and

(ix) Requirements regarding federal versus state fund expenditures under RCW 43.88.150.

(b) The department may retain, beyond the fiscal biennium, up to fifty percent of savings resulting from operating efficiencies that are documented by the department and verified by the director of financial management. The department shall deposit the savings in the efficiency incentive account established by section 7 of this act solely for continued productivity or service delivery improvements.

(c) To improve operating efficiency and reduce the use of sick leave, overtime, and callback, the department may provide an incentive of twenty-five percent of the sick leave accrued and not used to employees whose sick leave usage for a fiscal year is no more than twenty-four hours. Incentives may be in the form of: (i) A bonus payment; (ii) the employee may convert the sick leave to use for planned annual leave; or (iii) in the form determined under RCW 41.06.150.

(2) The director of financial management may exempt the department from office of financial management policies and procedures from which it is not otherwise exempt under this section.

(3) Documentation required of the department must be available upon request by the legislature or the director of financial management.

NEW SECTION. Sec. 7. The efficiency incentive account is established in the custody of the state treasurer. Effective July 1, 1997, operating efficiency savings deposited in the account pursuant to section 6(1)(b) of this act may be expended by the depositing agency without an appropriation solely for continued productivity or service delivery improvements.

Sec. 8. RCW 43.88.180 and 1973 1st ex.s. c 100 s 8 are each amended to read as follows:

Appropriations shall not be required for refunds, as provided in RCW 43.88.170, nor in the case of payments other than for administrative expenses or capital improvements to be made from trust funds specifically created by law to discharge awards, claims, annuities and other liabilities of the state. ((~~Said~~)) The trust funds shall include, but shall not be limited to, the accident fund, medical aid fund, retirement system fund, Washington state patrol retirement fund ((~~and~~)), unemployment trust fund, and the efficiency incentive account established on behalf of the department of children's services under section 6 of this act. Appropriations may be required in the case of public service enterprises defined for the purposes of this section as proprietary functions conducted by an agency of the state. An appropriation may be required to permit payment of obligations by revolving funds, as provided in RCW 43.88.190.

NEW SECTION. Sec. 9. In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is determined by the secretary or is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part shall be null and void for a period of no more than twelve months during which time it shall be reported by the secretary to the governor and the legislature with all deliberate speed, together with a recommendation as to the action that should be taken to resolve the conflict.

NEW SECTION. Sec. 10. In addition to any other powers granted the secretary, the secretary may:

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

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

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

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

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

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

PART I(b) - TRANSFER OF DUTIES TO DEPARTMENT OF

CHILDREN'S SERVICES

NEW SECTION. Sec. 11. (1) All powers, duties, and functions of the department of social and health services, in the following divisions and bureaus of the department of social and health services, are transferred to the department of children's services:

(a) The children and family services program, which includes at least child welfare services and family reconciliation services;

(b) The office of support enforcement;

(d) The division of alcohol and substance abuse, to the extent the powers, duties, and functions of the bureau of alcohol and substance abuse pertain to children and their families.

(2) By December 20, 1997, the secretary shall submit a plan to the legislature to transfer administrative direction of these services to certain public health and safety networks or combinations of networks. Only those networks whose boundaries are contiguous with one or more counties may provide administrative direction of the services transferred under this section. However, networks with combined boundaries that are contiguous with one or more counties may enter into joint operating agreements approved by the secretary to provide such administrative direction. The administrative direction provided by the public health and safety networks is subject to the employee rights protected by subsection (4) of this section. Unless the plan is specifically disapproved in law by June 30, 1998, the secretary shall consider the plan approved and shall implement it with all deliberate speed.

(3)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of children's services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred shall be made available to the department of children's services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of children's services.

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

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(4) All employees of the department of social and health services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of children's services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children's services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service and the requirements of this chapter.

(5) All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of children's services. All existing contracts and obligations shall remain in full force and shall be performed by the department of children's services.

(6) The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed before the effective date of this section.

(7) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(8) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 12. (1) All powers, duties, and functions of the department of community, trade, and economic development in the following programs are transferred to the department of children's services:

(a) The early childhood education assistance program;

(b) The homeless shelter program;

(d) The community mobilization program.

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

(3)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of children's services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the department of children's services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of children's services.

(b) Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of children's services.

(4) All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of children's services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of children's services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(5) All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of children's services. All existing contracts and obligations shall remain in full force and shall be performed by the department of children's services.

(6) The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed before the effective date of this section.

Sec. 13. RCW 26.23.045 and 1994 c 230 s 8 are each amended to read as follows:

(1) The office of support enforcement, Washington state support registry, shall provide support enforcement services under the following circumstances:

(a) Whenever public assistance under RCW 74.20.330 is paid;

(b) Whenever a request for nonassistance support enforcement services under RCW 74.20.040(2) is received;

(d) When a support order which contains language directing a responsible parent to make support payments to the Washington state support registry under RCW 26.23.050 is submitted;

(e) When a support order is forwarded to the Washington state support registry by the clerk of a superior court under RCW 26.23.050(5);

(f) When the obligor submits a support order or support payment to the Washington state support registry.

(2) The office of support enforcement shall continue to provide support enforcement services for so long as and under such conditions as the department shall establish by regulation or until the superior court enters an order removing the requirement that the obligor make support payments to the Washington state support registry as provided for in RCW 26.23.050(2).

(3) The office of support enforcement shall assist noncustodial parents in obtaining compliance with visitation orders.

Sec. 14. RCW 43.17.010 and 1993 sp.s. c 2 s 16, 1993 c 472 s 17, and 1993 c 280 s 18 are each reenacted and amended to read as follows:

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

Sec. 15. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

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

Such officers, except the secretary of transportation and the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

NEW SECTION. Sec. 16. A joint legislative task force is hereby created to review existing laws governing children and families to report and make recommendations to the senate committee on human services and corrections and the house of representatives committee on children and family services by October 31, 1996. The task force shall consider the ongoing validity of these laws in view of the creation of the department of children's services and in view of other program transfers contained in this act, and whether rewriting or recodification of these laws is necessary or appropriate. The task force shall review the following chapters of the Revised Code of Washington:

Chapter 13.06 RCW;

Chapter 13.16 RCW;

Chapter 13.32A RCW;

Chapter 13.40 RCW;

Chapter 13.70 RCW;

Chapter 26.18 RCW;

Chapter 26.44 RCW;

Chapter 28A.165 RCW;

Chapter 28A.170 RCW;

Chapter 28A.175 RCW;

Chapter 28A.215 RCW;

Chapter 28A.610 RCW;

Chapter 28A.630 RCW;

Chapter 43.20A RCW;

Chapter 43.20B RCW;

Chapter 43.63A RCW;

Chapter 70.96A RCW;

Chapter 70.123 RCW;

Chapter 71.24 RCW;

Chapter 71.34 RCW;

Chapter 72.05 RCW;

Chapter 72.16 RCW;

Chapter 72.19 RCW;

Chapter 72.20 RCW;

Chapter 74.12 RCW;

Chapter 74.13 RCW;

Chapter 74.14A RCW;

Chapter 74.14B RCW;

Chapter 74.15 RCW;

Chapter 74.21 RCW;

Chapter 74.26 RCW;

Chapter 74.29 RCW;

Chapter 74.32 RCW; and

Chapter 74.50 RCW.

PART I(c) - COMMUNITY NETWORKS

Sec. 17. RCW 70.190.030 and 1994 sp.s. c 7 s 316 are each amended to read as follows:

The council shall annually solicit from community networks proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:

(1) A comprehensive plan has been prepared by the community networks((;

~~(2) The community network has identified and agreed to contribute matching funds as specified in RCW 70.190.010;~~

~~(3) An interagency agreement has been prepared by the council and the participating local service and support agencies that governs~~)) that states the use of funds((~~, specifies~~)) and the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and

((~~(4)~~)) (2) The community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The community network must submit reports to the council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

Sec. 18. RCW 70.190.050 and 1994 sp.s. c 7 s 207 are each amended to read as follows:

(1) The Washington state institute for public policy shall conduct or contract for monitoring and tracking of the implementation of chapter 7, Laws of 1994 sp. sess. to determine whether these efforts result in a measurable reduction of violence. The institute shall also conduct or contract for an evaluation of the effectiveness of the community public health and safety networks in reducing the rate of at-risk youth through reducing risk factors and increasing protective factors. The evaluation ((~~plan~~)) shall result in statistically valid evaluation at both state-wide and community levels. ((~~The evaluation plan shall be submitted to the governor and appropriate legislative committees by July 1, 1995.~~))

(2) Starting ((~~five~~)) eight years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the institute shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making this determination, the institute shall consider the adequacy of the level of intervention relative to the risk factors in the community and any external events having a significant impact on risk factors or outcomes.

(3) The outcomes required under this chapter and social development standards and measures established by the department of health under RCW 43.70.555 shall be used in conducting the outcome evaluation of the community networks.

Sec. 19. RCW 70.190.060 and 1994 sp.s. c 7 s 303 are each amended to read as follows:

(1) The legislature ((~~intends to create~~)) authorizes community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks have those powers and duties as authorized under this chapter or by other specific grants of authority. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.

(2) A group of persons described in subsection (3) of this section may apply ((~~by December 1, 1994,~~)) to be a community public health and safety network.

(3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens who live within the network boundary with no ((~~direct~~)) fiduciary interest ((~~in health, education, social service, or justice system organizations operating within the network area~~)). In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations ((~~which may exist within the network~~)). The thirteen persons shall be selected as follows: Three by ((~~the~~)) chambers of commerce ((~~located in the network~~)), three by school board members ((~~of the school districts within the network boundary~~)), three by ((~~the~~)) county legislative authorities ((~~of the counties within the network boundary~~)), three by ((~~the~~)) city legislative authorities ((~~of the cities within the network boundary~~)), and one high school student, selected by student organizations ((~~within the network boundary~~)). The remaining ten members shall live or work within the network boundary and shall include local representation ((~~from~~)) selected by the following groups and entities: Cities((,)); counties((,)); federally recognized Indian tribes((,)); parks and recreation programs((,)); law enforcement agencies((,)); superior court judges((,)); state children's service workers ((~~from within the network area,~~)); employment assistance workers ((~~from within the network area,~~)); private social((~~, educational~~)) service providers, broad-based nonsecular organizations, or health service providers ((~~from within the network area, and broad-based nonsecular organizations~~)); and public education.

(4) A list of the network members shall be submitted to the council ((~~by December 1, 1994,~~)) by the network chair who shall be selected by network members ((~~at their first meeting~~)). The list shall become final upon council approval, no later than sixty days following its submission, unless the ((~~council chooses other members within twenty days after the list is submitted. The council shall accept the list unless he or she believes the proposed~~)) list does not adequately represent all parties identified in subsection (3) of this section or a member has a ((~~conflict of~~)) prohibited fiduciary interest ((~~between his or her membership and his or her livelihood~~)). The council shall notify the network chair of its disapproval of a proposed member or members and provide a deadline for submission of other nominees. Members of the ((~~community~~)) network shall serve terms of three years.

The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. ((~~The same process shall be used in the selection of the chair and members for subsequent terms.~~)) Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.

(5) ((The network shall select a public entity as the lead fiscal agency for the network. The lead agency may contract with a public or private entity to perform other administrative duties required by the state. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.)) Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a nominee to the council for its approval. The council shall ensure the network remains in compliance with subsection (3) of this section.

(6) Network members shall serve without compensation but may receive reimbursement, at the rates established under chapter 43.03 RCW, for necessary subsistence, lodging, and mileage expenses incurred in connection with official network duties.

(7) Networks ((~~meetings~~)) are subject to the open public meetings act under chapter 42.30 RCW and the public records provisions of RCW 42.17.270 through 42.17.310.

NEW SECTION. Sec. 20. (1) Each network shall contract with a public entity as its lead fiscal agent. The contract shall grant the agent authority to perform fiscal, accounting, contract administration, legal, and other administrative duties, including the provision of liability insurance. Any contract under this subsection shall be submitted to the council by the network for approval prior to its execution. The council shall review the contract to determine whether the administrative costs will be held to a reasonable minimum.

(2) The lead agent shall maintain a system of accounting for network funds consistent with the budgeting, accounting, and reporting systems and standards adopted or approved by the state auditor.

(3) The lead agent may contract with another public or private entity to perform duties other than fiscal or accounting duties.

NEW SECTION. Sec. 21. No network member may vote to authorize, or attempt to influence the authorization of, any expenditure in which the member's immediate family has a fiduciary interest. For the purpose of this section "immediate family" means a spouse, parent, grandparent, adult child, brother, or sister.

Sec. 22. RCW 70.190.070 and 1994 sp.s. c 7 s 304 are each amended to read as follows:

The community public health and safety networks shall:

(1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;

(2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under RCW 43.70.555;

(3) Develop long-term comprehensive plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;

(4) Distribute funds to local programs that reflect the locally established priorities and as provided in RCW 70.190.140;

(5) Comply with outcome-based standards;

(6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; ((~~and~~))

(7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth; and

(8) If the network has administrative direction of any additional services according to this chapter, use that authority to increase the effectiveness of those services at reducing risk factors and increasing protective factors according to its plan.

Sec. 23. RCW 70.190.080 and 1994 sp.s. c 7 s 305 are each amended to read as follows:

(1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.

(2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect ((~~with [within]~~)) within the network. Parents shall sign a voluntary authorization for services, which may be withdrawn at any time. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:

(a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;

(b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;

(d) Parenting and family support information and referral;

(e) Parent support groups; and

(f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.

These programs are intended to be voluntary for the parents involved.

(3) ((~~The community network may include funding of~~)) In developing long-term comprehensive plans to reduce the rate of at-risk children and youth, the community networks shall consider increasing employment and job training opportunities in recognition that they constitute an effective network strategy and strong protective factor. The networks shall consider and may include funding of:

(a) At-risk youth job placement and training programs. The programs shall:

(i) Identify and recruit at-risk youth for local job opportunities;

(ii) Provide skills and needs assessments for each youth recruited;

(iii) Provide career and occupational counseling to each youth recruited;

(iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;

(v) Match each youth recruited with a business that meets his or her skills and training needs;

(vi) Provide employment and training opportunities that prepare the individual for demand occupations; and

(vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;

(b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;

(c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;

((~~(d)~~)) (4) The community network may include funding of:

(a) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;

((~~(e)~~)) (b) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;

((~~(f)~~)) (c) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and

((~~(g)~~)) (d) Technical assistance and training resources to successful applicants.

Sec. 24. RCW 70.190.090 and 1994 sp.s. c 7 s 306 are each amended to read as follows:

(1) A ((~~community~~)) network that has its membership finalized under RCW 70.190.060(4) shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the ((~~region will be given~~)) network has up to one year to submit the long-term comprehensive plan. ((~~Upon application the community networks are eligible to receive funds appropriated under RCW 70.190.140.~~)) The council may, upon request of a network, approve one or more extensions for submission of its plan, not exceeding a total period of one year.

(2) The council shall enter into biennial contracts with ((~~community~~)) networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to RCW 43.41.195, subject to the applicable matching fund requirement.

(3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.

(4) The council shall notify the ((~~community~~)) networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.

(5) The networks shall, by contract, distribute funds (a) appropriated for plan implementation by the legislature, (b) appropriated to state agencies that can be distributed to the networks through the agency's legal authority, and (c) obtained from nonstate resources. In distributing funds, the networks shall ensure that administrative costs are held to a minimum, so the most dollars flow to direct services.

(6) A network shall not provide services or operate programs.

(7) A network shall file a report with the council by May 1 of each year that includes but is not limited to the following information: Detailed expenditures, programs under way, progress on contracted services and programs, and successes and problems in coordinating services within the network's boundary. The report shall also include information on existing local programs that provide services to children and families, including information on outcomes achieved.

Sec. 25. RCW 70.190.100 and 1994 sp.s. c 7 s 307 are each amended to read as follows:

The family policy council shall:

(1) Establish and may modify network boundaries ((~~no later than July 1, 1994~~)) in consultation with the networks as the need may arise. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;

(2) Develop a technical assistance and training program to assist communities in creating and developing community networks and comprehensive plans;

(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;

(4) Except as otherwise specifically directed in law, identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in RCW 70.190.110, which could be transferred, in all or part, to the community networks, ((~~and~~)) report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year, and on each succeeding July 1, transfer those programs unless such action is specifically disapproved by an act of law;

(5) Reward community networks that show exceptional success as provided in RCW 43.41.195;

(6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;

(7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;

(8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;

(b) The legislature intends that this monitoring be used by the Washington state institute for public policy, together with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and

(9) Review the implementation of chapter 7, Laws of 1994 sp. sess. and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.

Sec. 26. RCW 70.190.130 and 1994 sp.s. c 7 s 310 are each amended to read as follows:

(1) The council shall only disburse funds to a ((~~community~~)) network after a comprehensive plan has been prepared by the network and approved by the council ((~~or as provided in RCW 70.190.140~~)). In approving the plan the council shall consider whether the network:

((~~(1)~~)) (a) Promoted input from the widest practical range of agencies and affected parties, including public hearings;

((~~(2)~~)) (b) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;

((~~(3)~~)) (c) Obtained a declaration by the largest health department within the ((~~network's boundaries, ensuring that~~)) network boundary, indicating whether the plan ((~~met~~)) meets minimum standards for assessment and policy development relating to social development according to RCW 43.70.555;

((~~(4)~~)) (d) Included a specific mechanism of data collection and transmission based on the rules established under RCW 43.70.555;

((~~(5)~~)) (e) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; ((~~and~~

~~(6)~~)) (f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate of at-risk children and youth;

(g) Integrated local programs that met the network's priorities and were deemed successful by the network;

(h) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, ((or)) dropping out of school, child abuse or neglect, and domestic violence; and

(i) Held a public hearing on its proposed comprehensive plan and submitted to the council all of the written comments received at the hearing and a copy of the minutes taken at the hearing.

(2) The council may establish a maximum amount to be expended by a network for purposes of planning and administrative duties.

(3) The council may determine that a network is not in compliance with this chapter. Upon a determination of noncompliance, the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's compliance.

Sec. 27. RCW 69.50.520 and 1995 2nd sp.s. c 18 s 920 are each amended to read as follows:

The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(7), 66.24.210(4), 66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. After July 1, 1997, at least seven and one-half percent of ((~~expenditures from~~)) all designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 deposited into the account shall be used for providing grants to community public health and safety networks under chapter 70.190 RCW by the family policy council.

PART II - TRANSFER OF CHILD PROTECTIVE SERVICE DUTIES

TO ATTORNEY GENERAL

NEW SECTION. Sec. 28. (1) All powers, duties, and functions of the department of social and health services pertaining to child protective services are transferred to the office of the attorney general. All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the attorney general or the office of the attorney general when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of the attorney general. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred shall be made available to the office of the attorney general. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the attorney general.

(3) All employees of the department of social and health services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of the attorney general. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the attorney general to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of the attorney general. All existing contracts and obligations shall remain in full force and shall be performed by the office of the attorney general.

(5) The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

PART III - TRANSFER OF INVESTIGATIVE DUTIES TO ATTORNEY GENERAL

NEW SECTION. Sec. 29. The legislature intends by enacting sections 30 and 31 of this act to bolster the capacity of the state to do independent investigations of public assistance fraud and to remove conflicts that may arise when an agency is required to investigate its own staff and clients.

NEW SECTION. Sec. 30. A new section is added to chapter 74.04 RCW to read as follows:

All investigations under this title that in the normal course of business would have been conducted by a certified criminal justice agency under chapter 10.93 RCW and RCW 43.43.705 before the effective date of this section shall be conducted by the office of the attorney general.

NEW SECTION. Sec. 31. A new section is added to chapter 43.10 RCW to read as follows:

(1) All powers, duties, and functions of the department of social and health services conducted by a certified criminal justice agency under chapter 10.93 RCW and RCW 43.43.705 are transferred to the office of the attorney general. All references to the secretary or the department of social and health services in the Revised Code of Washington pertaining to the functions transferred in this section shall be construed to mean the attorney general or the office of the attorney general when referring to the functions transferred in this section.

PART IV - TRANSFER OF JUVENILE REHABILITATION DUTIES

TO DEPARTMENT OF CORRECTIONS

NEW SECTION. Sec. 32. (1) All powers, duties, and functions of the department of social and health services pertaining to the juvenile rehabilitation program are transferred to the department of corrections. All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the secretary or the department of corrections when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of corrections. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred shall be made available to the department of corrections. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of corrections.

(3) All employees of the department of social and health services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of corrections. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of corrections to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of corrections. All existing contracts and obligations shall remain in full force and shall be performed by the department of corrections.

PART V - TRANSFER OF LICENSING DUTIES TO DEPARTMENT OF HEALTH

NEW SECTION. Sec. 33. (1) All powers, duties, and functions of the department of social and health services pertaining to licensing of agencies for the care of children, expectant mothers, and the developmentally disabled are transferred to the department of health. All references to the secretary or the department of social and health services in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred shall be made available to the department of health. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

(3) All employees of the department of social and health services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

Sec. 34. RCW 74.15.020 and 1995 c 311 s 18 and 1995 c 302 s 3 are each reenacted and amended to read as follows:

For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

(1) "Department" means the state department of ((~~social and~~)) health ((~~services~~));

(2) "Secretary" means the secretary of ((~~social and~~)) health ((~~services~~));

(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

(d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

(g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

(4) "Agency" shall not include the following:

(a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:

(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(ii) Stepfather, stepmother, stepbrother, and stepsister;

(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (4)(a), even after the marriage is terminated; or

(v) "Extended family members," as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

(d) Parents on a mutually cooperative basis exchange care of one another's children;

(e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

(f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

(g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

(h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

(j) Licensed physicians or lawyers;

(k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

(l) Facilities approved and certified under chapter 71A.22 RCW;

(m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

(n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

(p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

(5) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

(6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

Sec. 35. RCW 74.15.050 and 1995 c 369 s 62 are each amended to read as follows:

The chief of the Washington state patrol, through the director of fire protection, shall have the power and it shall be his or her duty:

(1) In consultation with the children's services advisory committee and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt recognized minimum standard requirements pertaining to each category of agency established pursuant to chapter 74.15 RCW and RCW 74.13.031, except foster-family homes and child-placing agencies, necessary to protect all persons residing therein from fire hazards;

(2) To make or cause to be made such inspections and investigations of agencies, other than foster-family homes or child-placing agencies, as he or she deems necessary;

(3) To make a periodic review of requirements under RCW 74.15.030(7) and to adopt necessary changes after consultation as required in subsection (1) of this section;

(4) To issue to applicants for licenses hereunder, other than foster-family homes or child-placing agencies, who comply with the requirements, a certificate of compliance, a copy of which shall be presented to the department ((~~of social and health services~~)) before a license shall be issued, except that a provisional license may be issued as provided in RCW 74.15.120.

Sec. 36. RCW 74.15.060 and 1991 c 3 s 376 are each amended to read as follows:

The secretary ((~~of health~~)) shall have the power and it shall be his or her duty:

In consultation with the children's services advisory committee and with the advice and assistance of persons representative of the various type agencies to be licensed, to develop minimum requirements pertaining to each category of agency established pursuant to chapter 74.15 RCW and RCW 74.13.031, necessary to promote the health of all persons residing therein.

The secretary ((~~of health~~)) or the city, county, or district health department designated by the secretary shall have the power and the duty:

(1) To make or cause to be made such inspections and investigations of agencies as may be deemed necessary; and

(2) To issue to applicants for licenses hereunder who comply with the requirements adopted hereunder, a certificate of compliance, a copy of which shall be presented to the department ((~~of social and health services~~)) before a license shall be issued, except that a provisional license may be issued as provided in RCW 74.15.120.

Sec. 37. RCW 74.15.070 and 1979 c 141 s 358 are each amended to read as follows:

A copy of the articles of incorporation of any agency or amendments to the articles of existing corporation agencies shall be sent by the secretary of state to the department ((~~of social and health services~~)) at the time such articles or amendments are filed.

Sec. 38. RCW 74.15.080 and 1995 c 369 s 63 are each amended to read as follows:

All agencies subject to chapter 74.15 RCW and RCW 74.13.031 shall accord the department ((~~of social and health services, the secretary of health~~)), the chief of the Washington state patrol, and the director of fire protection, or their designees, the right of entrance and the privilege of access to and inspection of records for the purpose of determining whether or not there is compliance with the provisions of chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted thereunder.

Sec. 39. RCW 74.15.100 and 1995 c 302 s 8 are each amended to read as follows:

Each agency shall make application for a license or renewal of license to the department ((~~of social and health services~~)) on forms prescribed by the department. A licensed agency having foster-family homes under its supervision may make application for a license on behalf of any such foster-family home. Such a foster home license shall cease to be valid when the home is no longer under the supervision of that agency. Upon receipt of such application, the department shall either grant or deny a license within ninety days unless the application is for licensure as a foster-family home, in which case RCW 74.15.040 shall govern. A license shall be granted if the agency meets the minimum requirements set forth in chapter 74.15 RCW and RCW 74.13.031 and the departmental requirements consistent herewith, except that an initial license may be issued as provided in RCW 74.15.120. Licenses provided for in chapter 74.15 RCW and RCW 74.13.031 shall be issued for a period of three years. The licensee, however, shall advise the secretary of any material change in circumstances which might constitute grounds for reclassification of license as to category. The license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application. For licensed foster-family and family day-care homes having an acceptable history of child care, the license may remain in effect for two weeks after a move, except that for the foster-family home this will apply only if the family remains intact.

Sec. 40. RCW 74.15.120 and 1995 c 311 s 22 are each amended to read as follows:

The secretary ((~~of social and health services~~)) may, at his or her discretion, issue an initial license instead of a full license, to an agency or facility for a period not to exceed six months, renewable for a period not to exceed two years, to allow such agency or facility reasonable time to become eligible for full license. An initial license shall not be granted to any foster-family home except as specified in this section. An initial license may be granted to a foster-family home only if the following three conditions are met: (1) The license is limited so that the licensee is authorized to provide care only to a specific child or specific children; (2) the department has determined that the licensee has a relationship with the child, and the child is comfortable with the licensee, or that it would otherwise be in the child's best interest to remain or be placed in the licensee's home; and (3) the initial license is issued for a period not to exceed ninety days.

Sec. 41. RCW 74.15.200 and 1987 c 489 s 5 are each amended to read as follows:

The department ((~~of social and health services~~)) shall have primary responsibility for providing child abuse and neglect prevention training to parents and licensed child day care providers of preschool age children participating in day care programs meeting the requirements of chapter 74.15 RCW. The department may limit training under this section to trainers' workshops and curriculum development using existing resources.

PART VI - MISCELLANEOUS

NEW SECTION. Sec. 42. Sections 30 and 31 of this act shall take effect January 1, 1997.

NEW SECTION. Sec. 43. Sections 3 through 7, 20, and 21 of this act are each added to chapter 70.190 RCW.

NEW SECTION. Sec. 44. RCW 70.190.140 and 1994 sp.s. c 7 s 324 are each repealed.

NEW SECTION. Sec. 45. Part headings and the table of contents do not constitute any part of the law.

NEW SECTION. Sec. 46. 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.

NEW SECTION. Sec. 47. The amendments to RCW 70.190.060 in 1996 c . . . s 19 (section 19 of this act) shall apply prospectively only and are not intended to affect the composition of any community public health and safety network's membership that has been approved by the family policy council prior to the effective date of this section.

NEW SECTION. Sec. 48. (1) Section 24 of this act shall take effect July 1, 1996.

(2) Sections 26 and 27 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.