AN
ACT Relating to foster care; amending RCW 74.13.031 and 74.13.280; adding new
sections to chapter 74.13 RCW; adding a new section to chapter 43.20A RCW;
providing an effective date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.13.031 and 1995 c 191 s 1 are each amended to read as follows:
The
department shall have the duty to provide child welfare services ((as
defined in RCW 74.13.020,)) and shall:
(1)
Develop, administer, supervise, and monitor a coordinated and comprehensive
plan that establishes, aids, and strengthens services for the protection and
care of homeless, runaway, dependent, or neglected children.
(2)
((Develop a recruiting plan for recruiting)) Within available
resources, recruit an adequate number of prospective adoptive and foster
homes, both regular and specialized, i.e. homes for children of ethnic
minority, including Indian homes for Indian children, sibling groups,
handicapped and emotionally disturbed, teens, pregnant and parenting teens,
and annually ((submit the plan for review to the house and senate committees
on social and health services)) report to the governor and the
legislature concerning the department's success in: (a) Meeting the need for
adoptive and foster home placements; (b) reducing the foster parent turnover
rate; (c) completing home studies for legally free children; and (d)
implementing and operating the passport program required by section 5 of this
act. The ((plan)) report shall include a section entitled
"Foster Home Turn-Over, Causes and Recommendations."
(3)
Investigate complaints of neglect, abuse, or abandonment of children, and on
the basis of the findings of such investigation, offer child welfare services
in relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention of an
appropriate court, or another community agency: PROVIDED, That an
investigation is not required of nonaccidental injuries which are clearly not the
result of a lack of care or supervision by the child's parents, legal
custodians, or persons serving in loco parentis. If the investigation reveals
that a crime may have been committed, the department shall notify the
appropriate law enforcement agency.
(4)
Offer, on a voluntary basis, family reconciliation services to families who are
in conflict.
(5)
Monitor out-of-home placements, on a timely and routine basis, to assure the
safety, well-being, and quality of care being provided is within the scope of
the intent of the legislature as defined in RCW 74.13.010 and 74.15.010, and
annually submit a report ((delineating the results)) measuring the
extent to which the department achieved the specified goals to the ((house
and senate committees on social and health services)) governor and the
legislature.
(6)
Have authority to accept custody of children from parents and to accept custody
of children from juvenile courts, where authorized to do so under law, to
provide child welfare services including placement for adoption, and to provide
for the physical care of such children and make payment of maintenance costs if
needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no
private adoption agency which receives children for adoption from the
department shall discriminate on the basis of race, creed, or color when
considering applications in their placement for adoption.
(7)
Have authority to provide temporary shelter to children who have run away from
home and who are admitted to crisis residential centers.
(8)
Have authority to purchase care for children; and shall follow in general the
policy of using properly approved private agency services for the actual care
and supervision of such children insofar as they are available, paying for care
of such children as are accepted by the department as eligible for support at
reasonable rates established by the department.
(9)
Establish a children's services advisory committee which shall assist the
secretary in the development of a partnership plan for utilizing resources of
the public and private sectors, and advise on all matters pertaining to child
welfare, licensing of child care agencies, adoption, and services related
thereto. At least one member shall represent the adoption community.
(10)
Have authority to provide continued foster care or group care for individuals
from eighteen through twenty years of age to enable them to complete their high
school or vocational school program.
(11)
Have authority within funds appropriated for foster care services to purchase
care for Indian children who are in the custody of a federally recognized
Indian tribe or tribally licensed child-placing agency pursuant to parental
consent, tribal court order, or state juvenile court order; and the purchase of
such care shall be subject to the same eligibility standards and rates of
support applicable to other children for whom the department purchases care.
Notwithstanding
any other provision of RCW 13.32A.170 through 13.32A.200 and 74.13.032 through
74.13.036, or of this section all services to be provided by the department of
social and health services under subsections (4), (6), and (7) of this section,
subject to the limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the federal
juvenile justice and delinquency prevention act of 1974.
NEW
SECTION. Sec. 2. A
new section is added to chapter 74.13 RCW to read as follows:
Within
available resources, the department shall provide a foster parent liaison
position in each department region. The department shall contract with a
private nonprofit organization to provide the foster parent liaison function.
The foster parent liaison shall enhance the working relationship between
department case workers and foster parents. The foster parent liaison shall
provide expedited assistance for the unique needs and requirements posed by
special needs foster children in out-of-home care. Any contract entered into under
this section for a foster parent liaison shall include a requirement that the
contractor substantially reduce the turnover rate of foster parents in the
region by an agreed upon percentage. The department shall evaluate whether an
organization that has a contract under this section has reduced the turnover
rate by the agreed upon amount or more when determining whether to extend or
renew a contract under this section.
NEW
SECTION. Sec. 3. A
new section is added to chapter 74.13 RCW to read as follows:
Within
available resources, the department shall increase the number of adoptive and
foster families available to accept children through an intensive recruitment
and retention program. The department shall contract with a private agency to
coordinate foster care and adoptive home recruitment activities for the
department and private agencies.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.20A RCW to read as follows:
The
secretary or the secretary's designee may purchase services from nonprofit
agencies for the purpose of conducting home studies for legally free children
who have been awaiting adoption finalization for more than ninety days. The
home studies selected to be done under this section shall be for the children
who have been legally free and awaiting adoption finalization the longest
period of time.
NEW
SECTION. Sec. 5. A
new section is added to chapter 74.13 RCW to read as follows:
(1)
Within available resources, the department shall prepare a passport containing
all known and available information concerning the mental, physical, health,
and educational status of the child for any child who has been in a foster home
for ninety consecutive days or more. The passport shall be provided to a
foster parent at any placement of a child covered by this section. The
department shall update the passport during the regularly scheduled court
reviews required under chapter 13.34 RCW.
New
placements after the effective date of this act shall have first priority in
the preparation of passports. Within available resources, the department may
prepare passports for any child in a foster home on the effective date of this
act, provided that no time spent in a foster home before the effective date of
this act shall be included in the computation of the ninety days.
(2)
In addition to the requirements of subsection (1) of this section, the
department shall, within available resources, notify a foster parent before
placement of a child of any known health conditions that pose a serious threat
to the child and any known behavioral history that presents a serious risk of
harm to the child or others.
NEW
SECTION. Sec. 6. A
new section is added to chapter 74.13 RCW to read as follows:
The
department may provide child care for all foster parents who are required to
attend department-sponsored meetings or training sessions. If the department
does not provide such child care, the department, where feasible, shall conduct
the activities covered by this section in the foster parent's home or other
location acceptable to the foster parent.
Sec.
7. RCW
74.13.280 and 1995 c 311 s 21 are each amended to read as follows:
(1)
Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home
care by the department or a child-placing agency, the department or agency ((may))
shall, within available resources, share information about the child and
the child's family with the care provider and ((may)) shall, within
available resources, consult with the care provider regarding the child's
case plan. If the child is dependent pursuant to a proceeding under chapter
13.34 RCW, the department or agency shall keep the care provider informed
regarding the dates and location of dependency review and permanency planning
hearings pertaining to the child.
(2)
Any person who receives information about a child or a child's family pursuant
to this section shall keep the information confidential and shall not further
disclose or disseminate the information except as authorized by law.
(3)
Nothing in this section shall be construed to limit the authority of the
department or child-placing agencies to disclose client information or to
maintain client confidentiality as provided by law.
NEW
SECTION. Sec. 8. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1997.
