AN
ACT Relating to amendments concerning the child abuse prevention and treatment
act and the adoption and safe families act; amending RCW 13.34.020, 13.34.130,
13.34.180, 13.34.190, 74.15.130, 26.44.100, 70.190.010, 70.190.060, 70.190.130,
and 13.34.070; reenacting and amending RCW 13.34.145, 26.44.020, 74.13.031, and
70.47.060; adding a new section to chapter 26.44 RCW; adding new sections to
chapter 13.34 RCW; adding new sections to chapter 70.96A RCW; adding new
sections to chapter 74.09 RCW; adding new sections to chapter 18.71 RCW; adding
new sections to chapter 18.57 RCW; adding new sections to chapter 18.79 RCW;
creating new sections; prescribing penalties; making an appropriation;
providing effective dates; providing expiration dates; and declaring an
emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.34.020 and 1990 c 284 s 31 are each amended to read as follows:
The
legislature declares that the family unit is a fundamental resource of American
life which should be nurtured. Toward the continuance of this principle, the
legislature declares that the family unit should remain intact unless a child's
right to conditions of basic nurture, health, or safety is jeopardized. When
the rights of basic nurture, physical and mental health, and safety of the
child and the legal rights of the parents are in conflict, the rights and
safety of the child should prevail. In making reasonable efforts under this
chapter, the child's health and safety shall be the paramount concern. The
right of a child to basic nurturing includes the right to a safe, stable, and
permanent home and a speedy resolution of any proceeding under this chapter.
Sec.
2. RCW
13.34.130 and 1997 c 280 s 1 are each amended to read as follows:
If,
after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; after consideration of the predisposition report prepared
pursuant to RCW 13.34.110 and after a disposition hearing has been held
pursuant to RCW 13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1)
The court shall order one of the following dispositions of the case:
(a)
Order a disposition other than removal of the child from his or her home, which
shall provide a program designed to alleviate the immediate danger to the
child, to mitigate or cure any damage the child has already suffered, and to
aid the parents so that the child will not be endangered in the future. In
selecting a program, the court should choose those services that least interfere
with family autonomy, provided that the services are adequate to protect the
child.
(b)
Order that the child be removed from his or her home and ordered into the
custody, control, and care of a relative or the department of social and health
services or a licensed child placing agency for placement in a foster family
home or group care facility licensed pursuant to chapter 74.15 RCW or in a home
not required to be licensed pursuant to chapter 74.15 RCW. Unless there is
reasonable cause to believe that the safety or welfare of the child would be
jeopardized or that efforts to reunite the parent and child will be hindered,
such child shall be placed with a person who is related to the child as defined
in RCW 74.15.020(4)(a) and with whom the child has a relationship and is
comfortable, and who is willing and available to care for the child. Placement
of the child with a relative under this subsection shall be given preference by
the court. An order for out-of-home placement may be made only if the court
finds that reasonable efforts have been made to prevent or eliminate the need
for removal of the child from the child's home and to make it possible for the
child to return home, specifying the services that have been provided to the
child and the child's parent, guardian, or legal custodian, and that preventive
services have been offered or provided and have failed to prevent the need for
out-of-home placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home, and that:
(i)
There is no parent or guardian available to care for such child;
(ii)
The parent, guardian, or legal custodian is not willing to take custody of the
child;
(iii)
The court finds, by clear, cogent, and convincing evidence, a manifest danger
exists that the child will suffer serious abuse or neglect if the child is not
removed from the home and an order under RCW 26.44.063 would not protect the
child from danger; or
(iv)
The extent of the child's disability is such that the parent, guardian, or
legal custodian is unable to provide the necessary care for the child and the
parent, guardian, or legal custodian has determined that the child would
benefit from placement outside of the home.
(2)
If the court has ordered a child removed from his or her home pursuant to
subsection (1)(b) of this section, the court may order that a petition seeking
termination of the parent and child relationship be filed if the court finds ((it)):
(a) Termination is recommended by the supervising agency((, that it));
(b) termination is in the best interests of the child; and (c)
that ((it is not reasonable to provide further services to reunify the
family)) because of the existence of aggravated circumstances ((make
it unlikely that services will effectuate the return of the child to the
child's parents in the near future)), reasonable efforts to unify the
family are not required. Notwithstanding the existence of aggravated
circumstances, reasonable efforts may be required if the court or department
determines it is in the best interest of the child. In determining whether
aggravated circumstances exist, the court shall consider one or more of the
following:
(((a)))
(i) Conviction of the parent of rape of the child in the first, second,
or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(((b)))
(ii) Conviction of the parent of criminal mistreatment of the child in
the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(((c)))
(iii) Conviction of the parent of one of the following assault crimes,
when the child is the victim: Assault in the first or second degree as defined
in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second
degree as defined in RCW 9A.36.120 or 9A.36.130;
(((d)))
(iv) Conviction of the parent of murder, manslaughter, or homicide by
abuse of the child's other parent, sibling, or another child;
(((e)))
(v) Conviction of the parent of attempting, soliciting, or conspiracy to
commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;
(vi)
A finding by a court that a parent is a sexually violent predator as defined in
RCW 71.09.020;
(((f)))
(vii) Failure of the parent to complete available treatment ordered
under this chapter or the equivalent laws of another state, where such failure
has resulted in a prior termination of parental rights to another child and the
parent has failed to effect significant change in the interim. In the case
of a parent of an Indian child, as defined in the Indian Child Welfare Act,
P.L. 95-608 (25 U.S.C. 1903), the court shall also consider tribal efforts to
assist the parent in completing treatment and make it possible for the child to
return home;
(viii)
An infant under three years of age has been abandoned as defined in RCW
13.34.030(4)(a);
(ix)
The mother has given birth to three or more drug-affected infants, resulting in
the department filing a petition under section 23 of this act.
(3)
If reasonable efforts are not ordered under subsection (2) of this section a
permanency plan hearing shall be held within thirty days. Reasonable efforts
shall be made to place the child in a timely manner in accordance with the
permanency plan, and to complete whatever steps are necessary to finalize the
permanent placement of the child;
(4)
Whenever a child is ordered removed from the child's home, the agency charged
with his or her care shall provide the court with:
(a)
A permanency plan of care that shall identify one of the following outcomes as
a primary goal and may identify additional outcomes as alternative goals:
Return of the child to the home of the child's parent, guardian, or legal
custodian; adoption; guardianship; or long-term relative or foster care, until
the child is age eighteen, with a written agreement between the parties and the
care provider; and independent living, if appropriate and if the child is age
sixteen or older. Whenever a permanency plan identifies independent living as
a goal, the plan shall also specifically identify the services that will be
provided to assist the child to make a successful transition from foster care
to independent living. Before the court approves independent living as a
permanency plan of care, the court shall make a finding that the provision of
services to assist the child in making a transition from foster care to
independent living will allow the child to manage his or her financial affairs
and to manage his or her personal, social, educational, and nonfinancial
affairs. The department shall not discharge a child to an independent living
situation before the child is eighteen years of age unless the child becomes
emancipated pursuant to chapter 13.64 RCW.
(b)
Unless the court has ordered, pursuant to subsection (2) of this section, that
a termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to return the child home, and what actions the
agency will take to maintain parent-child ties. All aspects of the plan shall
include the goal of achieving permanence for the child.
(i)
The agency plan shall specify what services the parents will be offered in
order to enable them to resume custody, what requirements the parents must meet
in order to resume custody, and a time limit for each service plan and parental
requirement.
(ii)
The agency shall be required to encourage the maximum parent-child contact
possible, including regular visitation and participation by the parents in the
care of the child while the child is in placement. Visitation may be limited
or denied only if the court determines that such limitation or denial is
necessary to protect the child's health, safety, or welfare.
(iii)
A child shall be placed as close to the child's home as possible, preferably in
the child's own neighborhood, unless the court finds that placement at a
greater distance is necessary to promote the child's or parents' well-being.
(iv)
The agency charged with supervising a child in placement shall provide all
reasonable services that are available within the agency, or within the
community, or those services which the department of social and health services
has existing contracts to purchase. It shall report to the court if it is
unable to provide such services.
(c)
If the court has ordered, pursuant to subsection (2) of this section, that a
termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to achieve permanency for the child, services
to be offered or provided to the child, and, if visitation would be in the best
interests of the child, a recommendation to the court regarding visitation
between parent and child pending a fact-finding hearing on the termination
petition. The agency shall not be required to develop a plan of services for
the parents or provide services to the parents.
(((4)))
(5) If the court determines that the continuation of reasonable efforts to
prevent or eliminate the need to remove the child from his or her home or to
safely return the child home should not be part of the permanency plan of care
for the child, reasonable efforts shall be made to place the child in a timely
manner and to complete whatever steps are necessary to finalize the permanent
placement of the child.
(6)
If there is insufficient information at the time of the disposition hearing
upon which to base a determination regarding the suitability of a proposed
placement with a relative, the child shall remain in foster care and the court
shall direct the supervising agency to conduct necessary background investigations
as provided in chapter 74.15 RCW and report the results of such investigation
to the court within thirty days. However, if such relative appears otherwise
suitable and competent to provide care and treatment, the criminal history
background check need not be completed before placement, but as soon as
possible after placement. Any placements with relatives, pursuant to this
section, shall be contingent upon cooperation by the relative with the agency
case plan and compliance with court orders related to the care and supervision
of the child including, but not limited to, court orders regarding parent-child
contacts and any other conditions imposed by the court. Noncompliance with the
case plan or court order shall be grounds for removal of the child from the
relative's home, subject to review by the court.
(((5)))
(7) Except for children whose cases are reviewed by a citizen review
board under chapter 13.70 RCW, the status of all children found to be dependent
shall be reviewed by the court at least every six months from the beginning
date of the placement episode or the date dependency is established, whichever
is first, at a hearing in which it shall be determined whether court
supervision should continue. The review shall include findings regarding the
agency and parental completion of disposition plan requirements, and if
necessary, revised permanency time limits. The supervising agency shall
provide a foster parent, preadoptive parent, or relative with notice of, and
their right to an opportunity to be heard in, a review hearing pertaining to
the child, but only if that person is currently providing care to that child at
the time of the hearing. This section shall not be construed to grant party
status to any person who has been provided an opportunity to be heard.
(a)
A child shall not be returned home at the review hearing unless the court finds
that a reason for removal as set forth in this section no longer exists. The
parents, guardian, or legal custodian shall report to the court the efforts
they have made to correct the conditions which led to removal. If a child is
returned, casework supervision shall continue for a period of six months, at
which time there shall be a hearing on the need for continued intervention.
(b)
If the child is not returned home, the court shall establish in writing:
(i)
Whether reasonable services have been provided to or offered to the parties to
facilitate reunion, specifying the services provided or offered;
(ii)
Whether the child has been placed in the least-restrictive setting appropriate
to the child's needs, including whether consideration and preference has been
given to placement with the child's relatives;
(iii)
Whether there is a continuing need for placement and whether the placement is
appropriate;
(iv)
Whether there has been compliance with the case plan by the child, the child's
parents, and the agency supervising the placement;
(v)
Whether progress has been made toward correcting the problems that necessitated
the child's placement in out-of-home care;
(vi)
Whether the parents have visited the child and any reasons why visitation has
not occurred or has been infrequent;
(vii)
Whether additional services are needed to facilitate the return of the child to
the child's parents; if so, the court shall order that reasonable services be
offered specifying such services; and
(viii)
The projected date by which the child will be returned home or other permanent
plan of care will be implemented.
(c)
The court at the review hearing may order that a petition seeking termination
of the parent and child relationship be filed.
Sec.
3. RCW
13.34.145 and 1995 c 311 s 20 and 1995 c 53 s 2 are each reenacted and amended
to read as follows:
(1)
A permanency plan shall be developed no later than sixty days from the time the
supervising agency assumes responsibility for providing services, including
placing the child, or at the time of a hearing under RCW 13.34.130, whichever
occurs first. The permanency planning process continues until a permanency
planning goal is achieved or dependency is dismissed. The planning process
shall include reasonable efforts to return the child to the parent's home.
(a)
Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the
agency that has custody of the child shall provide the court with a written
permanency plan of care directed towards securing a safe, stable, and permanent
home for the child as soon as possible. The plan shall identify one of the
following outcomes as the primary goal and may also identify additional
outcomes as alternative goals: Return of the child to the home of the child's
parent, guardian, or legal custodian; adoption; guardianship; or long-term
relative or foster care, until the child is age eighteen, with a written
agreement between the parties and the care provider; and independent living, if
appropriate and if the child is age sixteen or older and the provisions of
subsection (2) of this section are met.
(b)
The identified outcomes and goals of the permanency plan may change over time
based upon the circumstances of the particular case.
(c)
Permanency planning goals should be achieved at the earliest possible date,
preferably before the child has been in out-of-home care for fifteen months.
In cases where parental rights have been terminated, the child is legally free
for adoption, and adoption has been identified as the primary permanency
planning goal, it shall be a goal to complete the adoption within six months
following entry of the termination order.
(2)
Whenever a permanency plan identifies independent living as a goal, the plan
shall also specifically identify the services that will be provided to assist
the child to make a successful transition from foster care to independent
living. Before the court approves independent living as a permanency plan of
care, the court shall make a finding that the provision of services to assist
the child in making a transition from foster care to independent living will
allow the child to manage his or her financial affairs and to manage his or her
personal, social, educational, and nonfinancial affairs. The department shall
not discharge a child to an independent living situation before the child is
eighteen years of age unless the child becomes emancipated pursuant to chapter
13.64 RCW.
(3)(((a)
For children ten and under,)) A permanency planning hearing shall be
held in all cases where the child has remained in out-of-home care for at least
nine months and an adoption decree or guardianship order has not previously
been entered. The hearing shall take place no later than twelve months
following commencement of the current placement episode.
(((b)
For children over ten, a permanency planning hearing shall be held in all cases
where the child has remained in out-of-home care for at least fifteen months
and an adoption decree or guardianship order has not previously been entered.
The hearing shall take place no later than eighteen months following
commencement of the current placement episode.))
(4)
Whenever a child is removed from the home of a dependency guardian or long-term
relative or foster care provider, and the child is not returned to the home of
the parent, guardian, or legal custodian but is placed in out-of-home care, a
permanency planning hearing shall take place no later than twelve ((or
eighteen)) months, as provided in subsection (3) of this section, following
the date of removal unless, prior to the hearing, the child returns to the home
of the dependency guardian or long-term care provider, the child is placed in
the home of the parent, guardian, or legal custodian, an adoption decree or
guardianship order is entered, or the dependency is dismissed.
(5)
No later than ten working days prior to the permanency planning hearing, the
agency having custody of the child shall submit a written permanency plan to
the court and shall mail a copy of the plan to all parties and their legal
counsel, if any.
(6)
At the permanency planning hearing, the court shall enter findings as required
by RCW 13.34.130(((5))) (7) and shall review the permanency plan
prepared by the agency. If the child has resided in the home of a foster
parent or relative for more than six months prior to the permanency planning
hearing, the court shall also enter a finding regarding whether the foster
parent or relative was informed of the hearing as required in RCW 74.13.280 and
13.34.130(7). If a goal of long-term foster or relative care has been
achieved prior to the permanency planning hearing, the court shall review the
child's status to determine whether the placement and the plan for the child's
care remain appropriate. In cases where the primary permanency planning goal
has not yet been achieved, the court shall inquire regarding the reasons why
the primary goal has not been achieved and determine what needs to be done to
make it possible to achieve the primary goal. In all cases, the court shall:
(a)(i)
Order the permanency plan prepared by the agency to be implemented; or
(ii)
Modify the permanency plan, and order implementation of the modified plan; and
(b)(i)
Order the child returned home only if the court finds that a reason for removal
as set forth in RCW 13.34.130 no longer exists; or
(ii)
Order the child to remain in out-of-home care for a limited specified time
period while efforts are made to implement the permanency plan.
(7)
If the court orders the child returned home, casework supervision shall
continue for at least six months, at which time a review hearing shall be held
pursuant to RCW 13.34.130(((5))) (7), and the court shall
determine the need for continued intervention.
(8)
Following the first permanency planning hearing, the court shall hold a further
permanency planning hearing in accordance with this section at least once every
twelve months until a permanency planning goal is achieved or the dependency is
dismissed, whichever occurs first.
(9)
Except as otherwise provided in RCW 13.34.235, the status of all dependent
children shall continue to be reviewed by the court at least once every six
months, in accordance with RCW 13.34.130(((5))) (7), until the
dependency is dismissed. Prior to the second permanency planning hearing, the
agency that has custody of the child shall consider whether to file a petition
for termination of parental rights.
(10)
Nothing in this chapter may be construed to limit the ability of the agency
that has custody of the child to file a petition for termination of parental
rights or a guardianship petition at any time following the establishment of
dependency. Upon the filing of such a petition, a fact-finding hearing shall
be scheduled and held in accordance with this chapter unless the agency
requests dismissal of the petition prior to the hearing or unless the parties
enter an agreed order terminating parental rights, establishing guardianship,
or otherwise resolving the matter.
(11)
The approval of a permanency plan that does not contemplate return of the child
to the parent does not relieve the supervising agency of its obligation to
provide reasonable services, under this chapter, intended to effectuate the
return of the child to the parent, including but not limited to, visitation
rights.
(12)
Nothing in this chapter may be construed to limit the procedural due process
rights of any party in a termination or guardianship proceeding filed under
this chapter.
Sec.
4. RCW
13.34.180 and 1997 c 280 s 2 are each amended to read as follows:
A
petition seeking termination of a parent and child relationship may be filed in
juvenile court by any party to the dependency proceedings concerning that
child. Such petition shall conform to the requirements of RCW 13.34.040, shall
be served upon the parties as provided in RCW 13.34.070(8), and shall allege:
(1)
That the child has been found to be a dependent child under RCW 13.34.030(4);
and
(2)
That the court has entered a dispositional order pursuant to RCW 13.34.130; and
(3)
That the child has been removed or will, at the time of the hearing, have been
removed from the custody of the parent for a period of at least six months
pursuant to a finding of dependency under RCW 13.34.030(4); and
(4)
That the services ordered under RCW 13.34.130 have been expressly and
understandably offered or provided and all necessary services, reasonably
available, capable of correcting the parental deficiencies within the
foreseeable future have been expressly and understandably offered or
provided; and
(5)
That there is little likelihood that conditions will be remedied so that the
child can be returned to the parent in the near future. A parent's failure
to substantially improve parental deficiencies within twelve months following
entry of the dispositional order shall give rise to a rebuttable presumption
that there is little likelihood that conditions will be remedied so that the
child can be returned to the parent in the near future. The presumption shall
not arise unless the petitioner makes a showing that all necessary services
reasonably capable of correcting the parental deficiencies within the foreseeable
future have been clearly offered or provided. In determining whether the
conditions will be remedied the court may consider, but is not limited to, the
following factors:
(a)
Use of intoxicating or controlled substances so as to render the parent incapable
of providing proper care for the child for extended periods of time and
documented unwillingness of the parent to receive and complete treatment or
documented multiple failed treatment attempts; or
(b)
Psychological incapacity or mental deficiency of the parent that is so severe
and chronic as to render the parent incapable of providing proper care for the
child for extended periods of time, and documented unwillingness of the parent
to receive and complete treatment or documentation that there is no treatment
that can render the parent capable of providing proper care for the child in
the near future; and
(6)
That continuation of the parent and child relationship clearly diminishes the
child's prospects for early integration into a stable and permanent home; or
(7)
In lieu of the allegations in subsections (1) through (6) of this section, the
petition may allege that the child was found under such circumstances that the
whereabouts of the child's parent are unknown and no person has acknowledged
paternity or maternity and requested custody of the child within two months
after the child was found; or
(8)
In lieu of the allegations in subsections (2) through (6) of this section, the
petition may allege that the parent has been found by a court of competent
jurisdiction:
(a)
To have committed, against another child of such parent, murder in the first
degree, murder in the second degree, or homicide by abuse as defined in chapter
9A.32 RCW;
(b)
To have committed, against another child of such parent, manslaughter in the
first degree or manslaughter in the second degree, as defined in chapter 9A.32
RCW;
(c)
To have attempted, conspired, or solicited to commit one or more of the crimes
listed in (a) or (b) of this subsection; or
(d)
To have committed assault in the first or second degree, as defined in chapter
9A.36 RCW, against the surviving child or another child of the parent.
((A
parent's failure to substantially improve parental deficiencies within twelve
months following entry of the dispositional order shall give rise to a
rebuttable presumption that there is little likelihood that conditions will be
remedied so that the child can be returned to the parent in the near future.
The presumption shall not arise unless the petitioner makes a showing that all
necessary services reasonably capable of correcting the parental deficiencies
within the foreseeable future have been offered or provided.))
Notice
of rights shall be served upon the parent, guardian, or legal custodian with
the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been
filed against you. You have important legal rights and you must take steps to
protect your interests. This petition could result in permanent loss of your
parental rights.
1. You have the right to a fact-finding hearing
before a judge.
2. You have the right to have a lawyer represent you
at the hearing. A lawyer can look at the files in your case, talk to the
department of social and health services and other agencies, tell you about the
law, help you understand your rights, and help you at hearings. If you cannot
afford a lawyer, the court will appoint one to represent you. To get a
court-appointed lawyer you must contact: (explain
local procedure) .
3. At the hearing, you have the right to speak on
your own behalf, to introduce evidence, to examine witnesses, and to receive a
decision based solely on the evidence presented to the judge.
You should be present at this hearing.
You may call (insert
agency) for more information about your
child. The agency's name and telephone number are (insert
name and telephone number) ."
Sec.
5. RCW
13.34.190 and 1993 c 412 s 3 are each amended to read as follows:
After
hearings pursuant to RCW 13.34.110, the court may enter an order terminating
all parental rights to a child if the court finds that:
(1)(a)
The allegations contained in the petition as provided in RCW 13.34.180 (1)
through (6) are established by clear, cogent, and convincing evidence; or
(((2)))
(b) RCW 13.34.180 (3) and (4) may be waived because the allegations
under RCW 13.34.180 (1), (2), (5), and (6) are established beyond a reasonable
doubt and when an infant has been abandoned, as defined in RCW 13.34.030,
the abandonment has been proved beyond a reasonable doubt; or
(((3)))
(c) The allegation under RCW 13.34.180(7) is established beyond a
reasonable doubt. In determining whether RCW 13.34.180 (5) and (6) are
established beyond a reasonable doubt, the court shall consider whether one or
more of the aggravated circumstances listed in RCW 13.34.130(2) exist; or
(d)
The allegation under RCW 13.34.180(8) is established beyond a reasonable doubt;
and
(((4)))
(2) Such an order is in the best interests of the child.
Sec.
6. RCW
74.15.130 and 1995 c 302 s 5 are each amended to read as follows:
(1)
An agency may be denied a license, or any license issued pursuant to chapter
74.15 RCW and RCW 74.13.031 may be suspended, revoked, modified, or not renewed
by the secretary upon proof (a) that the agency has failed or refused to comply
with the provisions of chapter 74.15 RCW and RCW 74.13.031 or the requirements
promulgated pursuant to the provisions of chapter 74.15 RCW and RCW 74.13.031;
or (b) that the conditions required for the issuance of a license under chapter
74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such
licenses. RCW 43.20A.205 governs notice of a license denial, revocation,
suspension, or modification and provides the right to an adjudicative
proceeding.
(2)
In any adjudicative proceeding regarding the denial, modification, suspension,
or revocation of a foster family home license, the department's decision shall
be upheld if there is reasonable cause to believe that:
(a)
The applicant or licensee lacks the character, suitability, or competence to
care for children placed in out-of-home care, however, no unfounded report
of child abuse or neglect may be used to deny employment or a license;
(b)
The applicant or licensee has failed or refused to comply with any provision of
chapter 74.15 RCW, RCW 74.13.031, or the requirements adopted pursuant to such
provisions; or
(c)
The conditions required for issuance of a license under chapter 74.15 RCW and
RCW 74.13.031 have ceased to exist with respect to such licenses.
(3)
In any adjudicative proceeding regarding the denial, modification, suspension,
or revocation of any license under this chapter, other than a foster family
home license, the department's decision shall be upheld if it is supported by a
preponderance of the evidence.
(4)
The department may assess civil monetary penalties upon proof that an agency
has failed or refused to comply with the rules adopted under the provisions of
this chapter and RCW 74.13.031 or that an agency subject to licensing under
this chapter and RCW 74.13.031 is operating without a license except that civil
monetary penalties shall not be levied against a licensed foster home. Monetary
penalties levied against unlicensed agencies that submit an application for
licensure within thirty days of notification and subsequently become licensed
will be forgiven. These penalties may be assessed in addition to or in lieu of
other disciplinary actions. Civil monetary penalties, if imposed, may be
assessed and collected, with interest, for each day an agency is or was out of
compliance. Civil monetary penalties shall not exceed seventy-five dollars per
violation for a family day-care home and two hundred fifty dollars per
violation for group homes, child day-care centers, and child-placing agencies.
Each day upon which the same or substantially similar action occurs is a
separate violation subject to the assessment of a separate penalty. The
department shall provide a notification period before a monetary penalty is
effective and may forgive the penalty levied if the agency comes into
compliance during this period. The department may suspend, revoke, or not
renew a license for failure to pay a civil monetary penalty it has assessed
pursuant to this chapter within ten days after such assessment becomes final.
Chapter 43.20A RCW governs notice of a civil monetary penalty and provides the
right of an adjudicative proceeding. The preponderance of evidence standard
shall apply in adjudicative proceedings related to assessment of civil monetary
penalties.
Sec.
7. RCW
26.44.020 and 1997 c 386 s 45, 1997 c 386 s 24, 1997 c 282 s 4, and 1997 c 132
s 2 are each reenacted and amended to read as follows:
For
the purpose of and as used in this chapter:
(1)
"Court" means the superior court of the state of Washington, juvenile
department.
(2)
"Law enforcement agency" means the police department, the prosecuting
attorney, the state patrol, the director of public safety, or the office of the
sheriff.
(3)
"Practitioner of the healing arts" or "practitioner" means
a person licensed by this state to practice podiatric medicine and surgery,
optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery,
or medicine and surgery or to provide other health services. The term
"practitioner" shall include a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian
Science treatment by a duly accredited Christian Science practitioner shall not
be considered, for that reason alone, a neglected person for the purposes of
this chapter.
(4)
"Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
(5)
"Department" means the state department of social and health
services.
(6)
"Child" or "children" means any person under the age of
eighteen years of age.
(7)
"Professional school personnel" shall include, but not be limited to,
teachers, counselors, administrators, child care facility personnel, and school
nurses.
(8)
"Social service counselor" shall mean anyone engaged in a
professional capacity during the regular course of employment in encouraging or
promoting the health, welfare, support or education of children, or providing
social services to adults or families, including mental health, drug and
alcohol treatment, and domestic violence programs, whether in an individual
capacity, or as an employee or agent of any public or private organization or
institution.
(9)
"Psychologist" shall mean any person licensed to practice psychology
under chapter 18.83 RCW, whether acting in an individual capacity or as an
employee or agent of any public or private organization or institution.
(10)
"Pharmacist" shall mean any registered pharmacist under the
provisions of chapter 18.64 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or institution.
(11)
"Clergy" shall mean any regularly licensed or ordained minister,
priest or rabbi of any church or religious denomination, whether acting in an
individual capacity or as an employee or agent of any public or private
organization or institution.
(12)
"Abuse or neglect" shall mean the injury, sexual abuse, sexual
exploitation, negligent treatment, or maltreatment of a child, adult dependent,
or developmentally disabled person by any person under circumstances which
indicate that the child's or adult's health, welfare, and safety is harmed,
excluding conduct permitted under RCW 9A.16.100. An abused child is a child
who has been subjected to child abuse or neglect as defined herein.
(13)
"Child protective services section" shall mean the child protective
services section of the department.
(14)
"Adult dependent persons" shall be defined as those persons over the
age of eighteen years who have been found to be legally incompetent or disabled
pursuant to chapter 11.88 RCW.
(15)
"Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b) allowing,
permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child by any person.
(16)
"Negligent treatment or maltreatment" means an act or omission which
evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to the child's health, welfare, and
safety. The fact that siblings share a bedroom is not, in and of itself,
"negligent treatment or maltreatment."
(17)
"Developmentally disabled person" means a person who has a disability
defined in RCW 71A.10.020.
(18)
"Child protective services" means those services provided by the
department designed to protect children from child abuse and neglect and
safeguard such children from future abuse and neglect, and conduct
investigations of child abuse and neglect reports. Investigations may be
conducted regardless of the location of the alleged abuse or neglect. Child
protective services includes referral to services to ameliorate conditions
which endanger the welfare of children, the coordination of necessary programs
and services relevant to the prevention, intervention, and treatment of child
abuse and neglect, and services to children to ensure that each child has a
permanent home. In determining whether protective services should be provided,
the department shall not decline to provide such services solely because of the
child's unwillingness or developmental inability to describe the nature and
severity of the abuse or neglect.
(19)
"Malice" or "maliciously" means an evil intent, wish, or
design to vex, annoy, or injure another person. Such malice may be inferred
from an act done in wilful disregard of the rights of another, or an act
wrongfully done without just cause or excuse, or an act or omission of duty
betraying a wilful disregard of social duty.
(20)
"Sexually aggressive youth" means a child who is defined in RCW
74.13.075(1)(b) as being a "sexually aggressive youth."
(21)
"Unfounded" means available ((evidence)) information
indicates that, more likely than not, child abuse or neglect did not occur.
Sec.
8. RCW
26.44.100 and 1997 c 282 s 2 are each amended to read as follows:
(1)
The legislature finds parents and children often are not aware of their due
process rights when agencies are investigating allegations of child abuse and
neglect. The legislature reaffirms that all citizens, including parents, shall
be afforded due process, that protection of children remains the priority of
the legislature, and that this protection includes protecting the family unit
from unnecessary disruption. To facilitate this goal, the legislature wishes
to ensure that parents and children be advised in writing and orally, if
feasible, of their basic rights and other specific information as set forth in
this chapter, provided that nothing contained in this chapter shall cause any
delay in protective custody action.
(2)
The department shall notify the alleged perpetrator of the allegations of child
abuse and neglect at the earliest possible point in the investigation that will
not jeopardize the safety and protection of the child or the investigation
process.
Whenever
the department completes an investigation of a child abuse or neglect report
under chapter 26.44 RCW, the department shall notify the alleged perpetrator of
the report and the department's investigative findings. The notice shall also
advise the alleged perpetrator that:
(a)
A written response to the report may be provided to the department and that
such response will be filed in the record following receipt by the department;
(b)
Information in the department's record may be considered in subsequent
investigations or proceedings related to child protection or child custody;
(c)
((There is currently information in the department's record that may)) Founded
reports of child abuse and neglect may be considered in determining ((that))
whether the person is disqualified from being licensed to provide child
care, employed by a licensed child care agency, or authorized by the department
to care for children; and
(d)
((A person who has demonstrated a good-faith desire to work in a licensed
agency may request an informal meeting with the department to have an
opportunity to discuss and contest the information currently in the record.))
An alleged perpetrator named in a founded report of child abuse or neglect
has the right to seek review of the finding as provided in this chapter.
(3)
The notification required by this section shall be made by ((regular)) certified
mail, return receipt requested, to the person's last known address.
(4)
The duty of notification created by this section is subject to the ability of
the department to ascertain the location of the person to be notified. The
department shall exercise reasonable, good-faith efforts to ascertain the
location of persons entitled to notification under this section.
NEW
SECTION. Sec. 9. A
new section is added to chapter 26.44 RCW to read as follows:
(1)
A person who is named as an alleged perpetrator after October 1, 1998, in a
founded report of child abuse or neglect has the right to seek review and
amendment of the finding as provided in this section.
(2)
Within twenty calendar days after receiving written notice from the department
under RCW 26.44.100 that a person is named as an alleged perpetrator in a
founded report of child abuse or neglect, he or she may request that the
department review the finding. The request must be made in writing. If a
request for review is not made as provided in this subsection, the alleged
perpetrator may not further challenge the finding and shall have no right to
agency review or to an adjudicative hearing or judicial review of the finding.
(3)
Upon receipt of a written request for review, the department shall review and,
if appropriate, may amend the finding. Management level staff within the
children's administration designated by the secretary shall be responsible for
the review. The review must be conducted in accordance with procedures the
department establishes by rule. Upon completion of the review, the department
shall notify the alleged perpetrator in writing of the agency's determination.
The notification must be sent by certified mail, return receipt requested, to
the person's last known address.
(4)
If, following agency review, the report remains founded, the person named as
the alleged perpetrator in the report may request an adjudicative hearing to
contest the finding. The adjudicative proceeding is governed by chapter 34.05
RCW and this section. The request for an adjudicative proceeding must be filed
within thirty calendar days after receiving notice of the agency review
determination. If a request for an adjudicative proceeding is not made as
provided in this subsection, the alleged perpetrator may not further challenge
the finding and shall have no right to agency review or to an adjudicative
hearing or judicial review of the finding.
(5)
Reviews and hearings conducted under this section are confidential and shall
not be open to the public. Information about reports, reviews, and hearings
may be disclosed only in accordance with federal and state laws pertaining to
child welfare records and child protective services reports.
(6)
The department may adopt rules to implement this section.
Sec.
10. RCW
74.13.031 and 1997 c 386 s 32 and 1997 c 272 s 1 are each reenacted and amended
to read as follows:
The
department shall have the duty to provide child welfare services 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)
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 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 RCW 74.13.285. The report shall include a section entitled
"Foster Home Turn-Over, Causes and Recommendations."
(3)
Investigate complaints of ((alleged neglect, abuse, or abandonment of
children)) any recent act or failure to act on the part of a parent or
caretaker that results in death, serious physical or emotional harm, or sexual
abuse or exploitation, or that presents an imminent risk of serious harm,
and on the basis of the findings of such investigation, offer child welfare
services in relation to the problem to such parents, legal custodians, or
persons serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency: 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 against a child 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 measuring the extent to which the department achieved
the specified goals to the 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.
*Sec.
11.
RCW 70.190.010 and 1996 c 132 s 2 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Administrative costs" means the costs associated with procurement;
payroll processing; personnel functions; management; maintenance and operation
of space and property; data processing and computer services; accounting;
budgeting; auditing; indirect costs; and organizational planning, consultation,
coordination, and training.
(2)
"Assessment" has the same meaning as provided in RCW 43.70.010.
(3)
"At-risk" children are children who engage in or are victims of
at-risk behaviors.
(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.
(5)
"Community public health and safety networks" or "networks"
means the organizations authorized under RCW 70.190.060.
(6)
"Comprehensive plan" means a two-year plan that examines available
resources and unmet needs for a county or multicounty area, barriers that limit
the effective use of resources, and a plan to address these issues that is
broadly supported by local residents.
(7)
"Participating state agencies" means the office of the superintendent
of public instruction, 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.
(8)
"Family policy council" or "council" means the
superintendent of public instruction, 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)) two legislators
from each caucus of the senate and house of representatives, and one
representative of the governor.
(9)
"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.
(10)
"Outcome" or "outcome based" means defined and measurable
outcomes used to evaluate progress in reducing the rate of at-risk children and
youth through reducing risk factors and increasing protective factors.
(11)
"Matching funds" means an amount no less than twenty-five percent of
the amount budgeted for a network. 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. State general
funds shall not be used as a match for violence reduction and drug enforcement
account funds created under RCW 69.50.520.
(12)
"Policy development" has the same meaning as provided in RCW
43.70.010.
(13)
"Protective factors" means those factors determined by the department
of health to be empirically associated with behaviors that contribute to
socially acceptable and healthy nonviolent 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.
(14)
"Risk factors" means those factors determined by the department of
health to be empirically associated with at-risk behaviors that contribute to
violence.
*Sec. 11 was vetoed. See message at end of chapter.
Sec.
12. RCW
70.190.060 and 1996 c 132 s 3 are each amended to read as follows:
(1)
The legislature 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 only
those powers and duties expressly authorized under this chapter. 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 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 fiduciary interest. 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. The thirteen persons shall be selected as
follows: Three by chambers of commerce, three by school board members, three
by county legislative authorities, three by city legislative authorities, and
one high school student, selected by student organizations. The remaining ten
members shall live or work within the network boundary and shall include local
representation selected by the following groups and entities: Cities;
counties; federally recognized Indian tribes; parks and recreation programs;
law enforcement agencies; state children's service workers; employment
assistance workers; private social service providers, broad-based nonsecular
organizations, or health service providers; and public education.
(4)
Each of the twenty-three people who are members of each community public
health and safety network must sign an annual declaration under penalty of
perjury or a notarized statement that clearly, in plain and understandable
language, states whether or not he or she has a fiduciary interest. If a
member has a fiduciary interest, the nature of that interest must be made
clear, in plain understandable language, on the signed statement.
(5)
Members of the 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. Any
vacancy occurring during the term may be filled by the chair for the balance of
the unexpired term.
(((5)))
(6) 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 network for its
approval. The network shall comply with subsection (3) of this section.
(((6)))
(7) Networks 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.
Sec.
13. RCW
70.190.130 and 1996 c 132 s 8 are each amended to read as follows:
(1)
The council shall only disburse funds to a network after a comprehensive plan
has been prepared by the network and approved by the council. In approving the
plan the council shall consider whether the network:
(a)
Promoted input from the widest practical range of agencies and affected
parties, including public hearings;
(b)
Reviewed the indicators of violence data compiled by the local public health
departments and incorporated a response to those indicators in the plan;
(c)
Obtained a declaration by the largest health department within the network
boundary, indicating whether the plan meets minimum standards for assessment
and policy development relating to social development according to RCW
43.70.555;
(d)
Included a specific mechanism of data collection and transmission based on the
rules established under RCW 43.70.555;
(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;
(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, 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, that shall not, in total,
exceed ten percent of funds available to a network. The council shall make
recommendations to the legislature regarding the specific maximum amounts that
can be spent by a network or group of networks on planning and administrative
duties. The recommendation may provide differing percentages, considering the
size of the budgets of each network and giving consideration to whether there
should be a higher percentage for administrative and planning purposes in
budgets for smaller networks and a smaller percentage of the budgets for
administration and planning purposes in larger networks.
(3)
The council may determine that a network is not in compliance with this chapter
if it fails to comply with statutory requirements. 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.
NEW
SECTION. Sec. 14. The
legislature finds that it is critically important to the basic nurture, health,
and safety of children that the state examine a state-wide program relating to
child abuse and neglect that includes citizen review panels as required by the
federal child abuse prevention and treatment act, 42 U.S.C. Sec. 5106a.
NEW
SECTION. Sec. 15. The
Washington state institute for public policy shall conduct, or contract for, a
study regarding the creation of citizen review panels to meet the requirements
of federal law, and located independent of the department of social and health
services. The study shall include an examination of a system of independent
citizen review panels to:
(1)
Examine the policies and procedures of state agencies and, where appropriate,
specific cases, to evaluate the extent to which the agencies are effectively
discharging their child protection responsibilities according to the state law
and the state plan required under 42 U.S.C. Sec. 5106a.
(2)
Examine child protection standards set forth in the federal and state law.
(3)
Examine any other criteria that the panel considers important to ensure the
protection of children, including a review of the extent to which the state
child protective services system is coordinated with the foster care and
adoption programs established under part E, Title IV of the Social Security
Act.
(4)
Examine whether the panels should report possible criminal activity to the
local prosecuting attorney in the county in which the case resides.
(5)
Examine whether, if the panel finds possible civil infractions, whether the
findings should be turned over to the aggrieved individual, if the conditions
set forth in RCW 74.13.500 through 74.13.525 are met, and who should turn the
findings over, and whether the individual should be awarded attorneys' fees,
costs, damages, including punitive damages, if the individual prevails in
court.
The
study shall include an examination of the barriers to broad access to
information, whether the panels should have access to the information and
specific recommendations on how the panels can obtain access to such
information from the department of social and health services, criminal justice
agencies, law enforcement, schools, and medical providers, and other sources
that have relevant information, including reports and records made and
maintained by the department and its contracting agencies, while preserving the
confidentiality of the records.
The
study shall also include a review of the department of social and health
services' current committees and teams that have citizen membership and
participation, to determine whether any of these committees and teams should be
consolidated.
An
interim report of the study shall be submitted to the legislative children's
oversight committee by September 15, 1998. The final study and recommendations
shall be submitted to the appropriate committees of the house of
representatives and the senate by December 1, 1998.
NEW
SECTION. Sec. 16. The
sum of twelve thousand dollars, or as much thereof as may be necessary, is
appropriated for the fiscal year ending June 30, 1998, from the general fund to
The Evergreen State College for the Washington state institute for public
policy for the purposes of sections 14 and 15 of this act.
Sec.
17. RCW
70.47.060 and 1997 c 337 s 2, 1997 c 335 s 2, 1997 c 245 s 6, and 1997 c 231 s
206 are each reenacted and amended to read as follows:
The
administrator has the following powers and duties:
(1)
To design and from time to time revise a schedule of covered basic health care
services, including physician services, inpatient and outpatient hospital
services, prescription drugs and medications, and other services that may be
necessary for basic health care. In addition, the administrator may, to the
extent that funds are available, offer as basic health plan services chemical dependency
services, mental health services and organ transplant services; however, no one
service or any combination of these three services shall increase the actuarial
value of the basic health plan benefits by more than five percent excluding
inflation, as determined by the office of financial management. All subsidized
and nonsubsidized enrollees in any participating managed health care system
under the Washington basic health plan shall be entitled to receive covered
basic health care services in return for premium payments to the plan. The
schedule of services shall emphasize proven preventive and primary health care
and shall include all services necessary for prenatal, postnatal, and
well-child care. However, with respect to coverage for groups of subsidized
enrollees who are eligible to receive prenatal and postnatal services through
the medical assistance program under chapter 74.09 RCW, the administrator shall
not contract for such services except to the extent that such services are
necessary over not more than a one-month period in order to maintain continuity
of care after diagnosis of pregnancy by the managed care provider. The
schedule of services shall also include a separate schedule of basic health
care services for children, eighteen years of age and younger, for those
subsidized or nonsubsidized enrollees who choose to secure basic coverage
through the plan only for their dependent children. In designing and revising
the schedule of services, the administrator shall consider the guidelines for
assessing health services under the mandated benefits act of 1984, RCW ((48.42.080))
48.47.030, and such other factors as the administrator deems
appropriate.
However,
with respect to coverage for subsidized enrollees who are eligible to receive prenatal
and postnatal services through the medical assistance program under chapter
74.09 RCW, the administrator shall not contract for such services except to the
extent that the services are necessary over not more than a one-month period in
order to maintain continuity of care after diagnosis of pregnancy by the
managed care provider.
(2)(a)
To design and implement a structure of periodic premiums due the administrator
from subsidized enrollees that is based upon gross family income, giving
appropriate consideration to family size and the ages of all family members.
The enrollment of children shall not require the enrollment of their parent or
parents who are eligible for the plan. The structure of periodic premiums
shall be applied to subsidized enrollees entering the plan as individuals
pursuant to subsection (9) of this section and to the share of the cost of the
plan due from subsidized enrollees entering the plan as employees pursuant to
subsection (10) of this section.
(b)
To determine the periodic premiums due the administrator from nonsubsidized
enrollees. Premiums due from nonsubsidized enrollees shall be in an amount
equal to the cost charged by the managed health care system provider to the
state for the plan plus the administrative cost of providing the plan to those
enrollees and the premium tax under RCW 48.14.0201.
(c)
An employer or other financial sponsor may, with the prior approval of the
administrator, pay the premium, rate, or any other amount on behalf of a
subsidized or nonsubsidized enrollee, by arrangement with the enrollee and
through a mechanism acceptable to the administrator.
(d)
To develop, as an offering by every health carrier providing coverage identical
to the basic health plan, as configured on January 1, 1996, a basic health plan
model plan with uniformity in enrollee cost-sharing requirements.
(3)
To design and implement a structure of enrollee cost sharing due a managed
health care system from subsidized and nonsubsidized enrollees. The structure
shall discourage inappropriate enrollee utilization of health care services,
and may utilize copayments, deductibles, and other cost-sharing mechanisms, but
shall not be so costly to enrollees as to constitute a barrier to appropriate
utilization of necessary health care services.
(4)
To limit enrollment of persons who qualify for subsidies so as to prevent an
overexpenditure of appropriations for such purposes. Whenever the
administrator finds that there is danger of such an overexpenditure, the
administrator shall close enrollment until the administrator finds the danger
no longer exists.
(5)
To limit the payment of subsidies to subsidized enrollees, as defined in RCW
70.47.020. The level of subsidy provided to persons who qualify may be based
on the lowest cost plans, as defined by the administrator.
(6)
To adopt a schedule for the orderly development of the delivery of services and
availability of the plan to residents of the state, subject to the limitations
contained in RCW 70.47.080 or any act appropriating funds for the plan.
(7)
To solicit and accept applications from managed health care systems, as defined
in this chapter, for inclusion as eligible basic health care providers under
the plan. The administrator shall endeavor to assure that covered basic health
care services are available to any enrollee of the plan from among a selection
of two or more participating managed health care systems. In adopting any
rules or procedures applicable to managed health care systems and in its
dealings with such systems, the administrator shall consider and make suitable
allowance for the need for health care services and the differences in local
availability of health care resources, along with other resources, within and
among the several areas of the state. Contracts with participating managed
health care systems shall ensure that basic health plan enrollees who become
eligible for medical assistance may, at their option, continue to receive
services from their existing providers within the managed health care system if
such providers have entered into provider agreements with the department of
social and health services.
(8)
To receive periodic premiums from or on behalf of subsidized and nonsubsidized
enrollees, deposit them in the basic health plan operating account, keep
records of enrollee status, and authorize periodic payments to managed health
care systems on the basis of the number of enrollees participating in the
respective managed health care systems.
(9)
To accept applications from individuals residing in areas served by the plan,
on behalf of themselves and their spouses and dependent children, for
enrollment in the Washington basic health plan as subsidized or nonsubsidized
enrollees, to establish appropriate minimum-enrollment periods for enrollees as
may be necessary, and to determine, upon application and on a reasonable
schedule defined by the authority, or at the request of any enrollee,
eligibility due to current gross family income for sliding scale premiums. Funds
received by a family as part of participation in the adoption support program
authorized under RCW 26.33.320 and 74.13.100 through 74.13.145 shall not be
counted toward a family's current gross family income for the purposes of this
chapter. No subsidy may be paid with respect to any enrollee whose current
gross family income exceeds twice the federal poverty level or, subject to RCW
70.47.110, who is a recipient of medical assistance or medical care services
under chapter 74.09 RCW. If, as a result of an eligibility review, the administrator
determines that a subsidized enrollee's income exceeds twice the federal
poverty level and that the enrollee knowingly failed to inform the plan of such
increase in income, the administrator may bill the enrollee for the subsidy
paid on the enrollee's behalf during the period of time that the enrollee's
income exceeded twice the federal poverty level. If a number of enrollees drop
their enrollment for no apparent good cause, the administrator may establish
appropriate rules or requirements that are applicable to such individuals
before they will be allowed to reenroll in the plan.
(10)
To accept applications from business owners on behalf of themselves and their
employees, spouses, and dependent children, as subsidized or nonsubsidized
enrollees, who reside in an area served by the plan. The administrator may
require all or the substantial majority of the eligible employees of such
businesses to enroll in the plan and establish those procedures necessary to
facilitate the orderly enrollment of groups in the plan and into a managed
health care system. The administrator may require that a business owner pay at
least an amount equal to what the employee pays after the state pays its
portion of the subsidized premium cost of the plan on behalf of each employee
enrolled in the plan. Enrollment is limited to those not eligible for medicare
who wish to enroll in the plan and choose to obtain the basic health care
coverage and services from a managed care system participating in the plan.
The administrator shall adjust the amount determined to be due on behalf of or
from all such enrollees whenever the amount negotiated by the administrator
with the participating managed health care system or systems is modified or the
administrative cost of providing the plan to such enrollees changes.
(11)
To determine the rate to be paid to each participating managed health care
system in return for the provision of covered basic health care services to
enrollees in the system. Although the schedule of covered basic health care
services will be the same for similar enrollees, the rates negotiated with
participating managed health care systems may vary among the systems. In
negotiating rates with participating systems, the administrator shall consider
the characteristics of the populations served by the respective systems,
economic circumstances of the local area, the need to conserve the resources of
the basic health plan trust account, and other factors the administrator finds
relevant.
(12)
To monitor the provision of covered services to enrollees by participating
managed health care systems in order to assure enrollee access to good quality
basic health care, to require periodic data reports concerning the utilization
of health care services rendered to enrollees in order to provide adequate
information for evaluation, and to inspect the books and records of
participating managed health care systems to assure compliance with the
purposes of this chapter. In requiring reports from participating managed
health care systems, including data on services rendered enrollees, the
administrator shall endeavor to minimize costs, both to the managed health care
systems and to the plan. The administrator shall coordinate any such reporting
requirements with other state agencies, such as the insurance commissioner and
the department of health, to minimize duplication of effort.
(13)
To evaluate the effects this chapter has on private employer-based health care
coverage and to take appropriate measures consistent with state and federal
statutes that will discourage the reduction of such coverage in the state.
(14)
To develop a program of proven preventive health measures and to integrate it
into the plan wherever possible and consistent with this chapter.
(15)
To provide, consistent with available funding, assistance for rural residents,
underserved populations, and persons of color.
(16)
In consultation with appropriate state and local government agencies, to
establish criteria defining eligibility for persons confined or residing in
government-operated institutions.
*NEW
SECTION. Sec. 18.
The legislature finds that all children have the
right to be born healthy and free of the consequences of substance abuse by the
mother during pregnancy. Individuals who abuse substances are unable to make
reasoned decisions that help ensure the birth of a healthy infant. The
availability of long-term pharmaceutical birth control, when combined with
other treatment regimens, may allow women to regain control of their lives and
make long-term decisions in the best interest of themselves and their
children. The legislature finds that it may be unreasonable to continue
efforts to reunify the family when a mother has given birth to a third or subsequent
infant affected by her substance abuse.
*Sec. 18 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 19.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
A physician licensed under chapter 18.71 or 18.57 RCW, or an advanced
registered nurse practitioner under chapter 18.79 RCW, primarily responsible
for the care of a newborn infant, who has reasonable cause to believe the
infant has been exposed to nonprescription use of controlled substances shall:
(a) Conduct reasonably available and appropriate tests to determine whether the
infant is drug-affected; (b) notify the department of the name and address of
the parent or parents of the infant who is drug-affected; and (c) retain the
infant in the birthing facility for medical treatment or place the infant in
appropriate pediatric interim care services with the concurrence of the
department for sufficient time for the infant to undergo withdrawal from the effects
of the controlled substances. The withdrawal shall be under the supervision of
appropriate health care professionals.
(2)
The physician or nurse practitioner who was responsible for the birth shall, as
soon as practical, inform the mother of a drug-affected infant of: (a) The
availability of publicly funded tubal ligation surgery as provided under
section 34 of this act; (b) available drug treatment and counseling; and (c)
birth control counseling and education. The mother may accept the offer of a
tubal ligation up to six months following its tender.
(3)
A physician or nurse practitioner who makes any determination under this
section shall not be liable in any cause of action as a result of his or her
determination except for acts of gross negligence or intentional misconduct.
(4)
For the purpose of this section, "newborn infant" means an infant
within seven days after birth.
(5)
This section expires June 30, 2002.
*Sec. 19 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 20.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
The department, upon receipt of a report under section 19 of this act, shall
investigate and, in appropriate cases, file a dependency petition. In the
event the department does not file a petition, it shall refer the mother to
available chemical dependency treatment programs or a model project.
(2)
The department and the mother may enter an agreement in which the mother agrees
to chemical dependency treatment on an inpatient or outpatient basis or be
referred to a model project created under section 30 of this act. The
agreement must specify completion dates for each of the conditions. All
agreements expire twelve months from the date of execution. If the conditions
have not been fulfilled at the time the agreement expires, the department shall
investigate and in appropriate cases, file a dependency petition.
(3)
If the department and mother enter an agreement under subsection (2) of this
section, the department shall, if a dependency petition has been filed, request
the court to defer the entry of an order of dependency for as long as the
mother remains in treatment or enrolled in the model project, subject to the
department's monitoring for compliance. As a condition of deferral of the
order of dependency, the parents, if both are available and known, shall
stipulate to facts sufficient to constitute a dependency and the court shall
order treatment or enrollment in a model project and prohibit nonprescription
use of controlled substances. In the event that an available parent
unreasonably refuses to stipulate to facts constituting a dependency, the court
may proceed with the hearing on the petition.
(4)
This section expires June 30, 2002.
*Sec. 20 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 21.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
If the department receives a report under section 19 of this act of a mother
who has given birth to a second drug-affected infant, the department:
(a)
May request the court to proceed immediately with the entry of a dependency for
the first drug-affected infant; and
(b)
Shall investigate and, unless there are compelling reasons to the contrary,
file a dependency petition on the second drug-affected infant. If the
department does not file a petition, it shall refer the woman to available
chemical dependency treatment programs or a model project.
(2)
The department and the mother may enter an agreement in which the mother agrees
to: (a) Enter chemical dependency inpatient treatment or a model project,
together with an aftercare program that includes participation in a model
project when feasible; and (b) medically appropriate pharmaceutical pregnancy
prevention that is administered not less than once every thirty days. The
selection of the pregnancy prevention method shall be based on an evaluation of
the medical and physical consequences to the mother and shall remain in effect
until the dependency petition is dismissed or the court determines it is no
longer medically appropriate. The agreement must specify completion dates for
each of the conditions. All agreements expire twelve months from the date of
execution. If the conditions have not been fulfilled at the time the agreement
expires, the department shall investigate and in appropriate cases, file a
dependency petition.
(3)
If the department and the mother enter an agreement under subsection (2) of
this section, the department shall, if a dependency petition has been filed,
request the court to defer the entry of an order of dependency on the second
drug-affected infant for as long as the mother remains in treatment or enrolled
in the model project, subject to the department's monitoring for compliance.
As a condition of deferral of the order of dependency, the parents, if both are
available and known, shall stipulate to facts sufficient to constitute a dependency
and the court shall order treatment or enrollment in a model project and
prohibit nonprescription use of controlled substances. In the event that an
available parent unreasonably refuses to stipulate to facts constituting a
dependency, the court may proceed with the hearing on the petition.
(4)
This section expires June 30, 2002.
*Sec. 21 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 22.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
The department may request the court to dismiss the petition deferred under
section 20 or 21 of this act at any time. No petition may be vacated or
dismissed unless the mother demonstrates by clear and convincing evidence that
she has not used controlled substances in a nonprescription manner for at least
twelve consecutive months and can safely provide for the child's welfare
without continuing supervision by the department or court.
(2)
This section expires June 30, 2002.
*Sec. 22 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 23.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
If the department receives a report under section 19 of this act of a mother
who has given birth to a third or subsequent drug-affected infant, the
department shall:
(a)
Request the court to proceed immediately with the entry of a finding of
dependency on all drug-affected children born before the third or subsequent
birth unless an order of dependency has been vacated or dismissed; and
(b)
File a dependency petition on any drug-affected infant subject to this section
as well as any other child born before the third or subsequent birth of a
drug-affected infant.
(2)
This section expires June 30, 2002.
*Sec. 23 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 24.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
Following a filing of a petition under section 23 of this act:
(a)
The court shall order evaluation by a designated chemical dependency
specialist, as defined in RCW 70.96A.020 who shall undertake the processes
described in RCW 70.96A.140.
(b)
If the court has ordered removal of a child or children, the out-of-home
placement order shall remain in effect until the petition is dismissed or the
mother has successfully completed inpatient treatment and any aftercare program
for controlled substances ordered by the court.
(2)
This section expires June 30, 2002.
*Sec. 24 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 25. By
July 1, 1999, the department of social and health services, in consultation
with the department of health, shall adopt rules to implement this act,
including a definition of "drug-affected infant," which shall be
limited to infants who are affected by a mother's nonprescription use of
controlled substances.
*NEW
SECTION. Sec. 26.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
A physician licensed under chapter 18.71 or 18.57 RCW, or an advanced registered
nurse practitioner under chapter 18.79 RCW, primarily responsible for the care
of a newborn infant, who has reasonable cause to believe the infant has been
physiologically affected by the mother's alcohol abuse during her pregnancy
shall: (a) Conduct reasonably available and appropriate tests to determine
whether the infant is alcohol-affected; (b) notify the department of the name
and address of the parent or parents of the infant who is alcohol-affected; and
(c) retain the infant in the birthing facility for medical treatment or place
the infant in appropriate pediatric interim care services with the concurrence
of the department for sufficient time for the infant to undergo withdrawal from
the effects of the alcohol. The withdrawal shall be under the supervision of
appropriate medical professionals.
(2)
The physician or nurse practitioner who was responsible for the birth shall, as
soon as practical, inform the mother of an alcohol-affected infant of: (a) The
availability of publicly funded tubal ligation surgery as provided under
section 35 of this act; (b) available alcohol treatment and counseling; and (c)
birth control counseling and education. The mother may accept the offer of a
tubal ligation up to six months following its tender.
(3)
A physician or nurse practitioner who makes any determination under this
section shall not be liable in any cause of action as a result of his or her
determination except for acts of gross negligence or intentional misconduct.
(4)
For the purposes of this section, "newborn infant" means an infant
within seven days after birth.
(5)
This section expires June 30, 2002.
*Sec. 26 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 27.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
The department, upon receipt of a report under section 26 of this act, shall
investigate and, in appropriate cases, file a dependency petition. In the
event the department does not file a petition, it shall refer the mother to
available alcohol dependency treatment programs or a model project.
(2)
The department and the mother may enter an agreement in which the mother agrees
to alcohol treatment on an inpatient or outpatient basis or be referred to a
model project created under section 30 of this act. The agreement must specify
completion dates for each of the conditions. All agreements expire twelve
months from the date of execution. If the conditions have not been fulfilled
at the time the agreement expires, the department shall investigate and in
appropriate cases, file a dependency petition.
(3)
If the department and mother enter an agreement under subsection (2) of this
section, the department shall, if a dependency petition has been filed, request
the court to defer the entry of an order of dependency for as long as the
mother remains in treatment or enrolled in the model project, subject to the
department's monitoring for compliance. As a condition of deferral of the
order of dependency, the parents, if both are available and known, shall
stipulate to facts sufficient to constitute a dependency and the court shall
order treatment or enrollment in a model project and prohibit alcohol abuse.
In the event that an available parent unreasonably refuses to stipulate to facts
constituting a dependency, the court may proceed with the hearing on the
petition.
(4)
This section expires June 30, 2002.
*Sec. 27 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 28.
A new section is added to chapter 13.34 RCW to read as follows:
(1)
The department may request the court to dismiss the petition deferred under
section 27 of this act at any time. No petition may be vacated or dismissed
unless the mother demonstrates by clear and convincing evidence that she has
not abused alcohol for at least twelve consecutive months and can safely
provide for the child's welfare without continuing supervision by the
department or court.
(2)
This section expires June 30, 2002.
*Sec. 28 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 29. By
July 1, 1999, the department of social and health services, in consultation
with the department of health, shall adopt rules to implement this act,
including a definition of "alcohol-affected infant," which shall be
limited to infants who are affected by a mother's abuse of alcohol.
NEW
SECTION. Sec. 30. To
the extent funds are appropriated, the department shall operate a model project
to provide services to women who give birth to infants exposed to the
nonprescription use of controlled substances or abuse of alcohol by the mother
during pregnancy. Within available funds, the project may be offered in one
site in each of the three department's administrative regions that have the
highest incidence of drug-affected or alcohol-affected infants annually. The
project shall accept women referred to it by the department following the birth
of a drug-affected or alcohol-affected infant. The model project shall be
concluded by July 1, 2002.
NEW
SECTION. Sec. 31. To
the extent funds are appropriated, the institute for public policy shall study
the cost-effectiveness of this act and report to the governor and legislature
not later than January 1, 2002. The study shall measure the reduction in the
birth rate of drug-affected infants among women and shall compare the reduction
with the rate of birth of drug-affected infants born to women referred to
chemical dependency treatment programs. The study shall identify the factors
that promote or discourage the ability of women to avoid giving birth to
drug-affected infants.
NEW
SECTION. Sec. 32. To
the extent funds are appropriated, the institute for public policy study
referenced in section 31 of this act shall include alcohol-affected births.
NEW
SECTION. Sec. 33. A
new section is added to chapter 70.96A RCW to read as follows:
(1)
Any treatment program or model project in which a mother is enrolled under
sections 20 through 22 of this act shall provide family planning, which means
the process of limiting or spacing the birth of children, education,
counseling, information, and services. Family planning does not include
pregnancy termination.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 34. A
new section is added to chapter 74.09 RCW to read as follows:
The
department may make available, or cause to be made available, pharmaceutical
birth control services, information, and counseling to any person who enters
chemical dependency treatment under section 20 or 21 of this act. Within
available funds, the department may pay for any tubal ligations requested under
section 19 of this act if the mother's income is less than two hundred percent
of the federal poverty level. The department shall report by December 1st of
each year to the governor and legislature: (1) The number of tubal ligations
performed as a result of chapter . . ., Laws of 1998 (this act); (2)
the number of women who decline to undergo the surgery; (3) the number of women
who obtain pharmaceutical birth control, by type of birth control; and (4) the
number of women who are reported to the department.
NEW
SECTION. Sec. 35. A
new section is added to chapter 74.09 RCW to read as follows:
The
department may make available, or cause to be made available, pharmaceutical
birth control services, information, and counseling to any person who enters
chemical dependency treatment under section 27 of this act. Within available
funds, the department may pay for any tubal ligations requested under section
26 of this act if the mother's income is less than two hundred percent of the
federal poverty level. The department shall report by December 1st of each
year to the governor and legislature: (1) The number of tubal ligations
performed as a result of chapter . . ., Laws of 1998 (this act); (2)
the number of women who decline to undergo the surgery; (3) the number of women
who obtain pharmaceutical birth control, by type of birth control; and (4) the
number of women who are reported to the department.
NEW
SECTION. Sec. 36. A
new section is added to chapter 18.71 RCW to read as follows:
(1)
Nothing in section 19 of this act imposes any additional duties or responsibilities
on, or removes any duties or responsibilities from, a physician licensed under
this chapter, except as specifically included in chapter 13.34 RCW and sections
33 and 34 of this act.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 37. A
new section is added to chapter 18.57 RCW to read as follows:
(1)
Nothing in section 19 of this act imposes any additional duties or
responsibilities on, or removes any duties or responsibilities from, an
osteopath licensed under this chapter, except as specifically included in
chapter 13.34 RCW and sections 33 and 34 of this act.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 38. A
new section is added to chapter 18.79 RCW to read as follows:
(1)
Nothing in section 19 of this act imposes any additional duties or
responsibilities on, or removes any duties or responsibilities from, an
advanced registered nurse practitioner licensed under this chapter, except as
specifically included in chapter 13.34 RCW and sections 33 and 34 of this act.
(2)
This section expires June 30, 2002.
*Sec.
39.
RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:
(1)
Upon the filing of the petition, the clerk of the court shall issue a summons,
one directed to the child, if the child is twelve or more years of age, and
another to the parents, guardian, or custodian, and such other persons as
appear to the court to be proper or necessary parties to the proceedings,
requiring them to appear personally before the court at the time fixed to hear
the petition. If the child is developmentally disabled and not living at home,
the notice shall be given to the child's custodian as well as to the child's
parent. The developmentally disabled child shall not be required to appear
unless requested by the court. Where the custodian is summoned, the parent or
guardian or both shall also be served with a summons. The fact-finding hearing
on the petition shall be held no later than seventy-five days after the filing
of the petition, unless exceptional reasons for a continuance are found. In
cases where an infant has been affected by the mother's substance abuse,
exceptional reasons for a continuance exist if the mother and the department
have executed an agreement that will take more than seventy-five days to
fulfill. The party requesting the continuance shall have the burden of
proving by a preponderance of the evidence that exceptional circumstances do
exist. To ensure that the hearing on the petition occurs within the
seventy-five day time limit, the court shall schedule and hear the matter on an
expedited basis.
(2)
A copy of the petition shall be attached to each summons.
(3)
The summons shall advise the parties of the right to counsel. The summons
shall also inform the child's parent, guardian, or legal custodian of his or (([her]))
her right to appointed counsel, if indigent, and of the procedure to use
to secure appointed counsel.
(4)
The summons shall advise the parents that they may be held responsible for the
support of the child if the child is placed in out-of-home care.
(5)
The judge may endorse upon the summons an order directing any parent, guardian,
or custodian having the custody or control of the child to bring the child to
the hearing.
(6)
If it appears from affidavit or sworn statement presented to the judge that
there is probable cause for the issuance of a warrant of arrest or that the
child needs to be taken into custody pursuant to RCW 13.34.050, the judge may
endorse upon the summons an order that an officer serving the summons shall at once
take the child into custody and take him to the place of shelter designated by
the court.
(7)
If the person summoned as provided in this section is subject to an order of
the court pursuant to subsection (5) or (6) of this section, and if the person
fails to abide by the order, he may be proceeded against as for contempt of
court. The order endorsed upon the summons shall conspicuously display the
following legend:
NOTICE:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT
TO RCW 13.34.070.
(8)
If a party to be served with a summons can be found within the state, the
summons shall be served upon the party personally as soon as possible following
the filing of the petition, but in no case later than fifteen court days before
the fact-finding hearing, or such time as set by the court. If the party is
within the state and cannot be personally served, but the party's address is
known or can with reasonable diligence be ascertained, the summons may be
served upon the party by mailing a copy thereof by certified mail as soon as
possible following the filing of the petition, but in no case later than
fifteen court days before the hearing, or such time as set by the court. If a
party other than the child is without the state but can be found or the address
is known, or can with reasonable diligence be ascertained, service of the
summons may be made either by delivering a copy thereof to the party personally
or by mailing a copy thereof to the party by certified mail at least ten court
days before the fact-finding hearing, or such time as set by the court.
(9)
Service of summons may be made under the direction of the court by any person
eighteen years of age or older who is not a party to the proceedings or by any
law enforcement officer, probation counselor, or department of social and
health services social worker.
(10)
In any proceeding brought under this chapter where the court knows or has
reason to know that the child involved is a member of an Indian tribe, notice
of the pendency of the proceeding shall also be sent by registered mail, return
receipt requested, to the child's tribe. If the identity or location of the
tribe cannot be determined, such notice shall be transmitted to the secretary
of the interior of the United States.
*Sec. 39 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 40. (1)
The departments of health and social and health services, shall develop a
comprehensive plan for providing services to mothers who (a) have delivered a
drug or alcohol exposed or affected infant, and (b) meet the definition of
at-risk eligible persons in RCW 74.09.790 and who have a child up to three
years of age. The services to be provided by the plan will include those
defined in RCW 74.09.790. The plan shall provide for the coordination of
services through community-based programs and among: (a) The departments; (b)
the departments' divisions; and (c) other state agencies. The plan shall
include recommendations to the legislature for implementing the plan and any
alternative methods for addressing the needs of these mothers and their
children.
(2)
In developing the plan, the department of health shall inventory the
community-based programs that may be accessed to provide services to these
mothers and their children; evaluate implementing services for these mothers
through extension of the maternity care access system; and evaluate the fiscal
impact of the plan. In performing the fiscal evaluation, the department shall
calculate potential long-term cost savings to the state resulting from reduced
use of the medical, juvenile justice, public assistance, and dependency systems
by children and mothers receiving services under the plan.
(3)
The department shall submit a report describing the plan to the appropriate
committees of the house of representatives and senate by November 1, 1998.
NEW
SECTION. Sec. 41. A
new section is added to chapter 70.96A RCW to read as follows:
(1)
Any treatment program or model project in which a mother is enrolled under
section 27 of this act shall provide family planning, which means the process
of limiting or spacing the birth of children, education, counseling,
information, and services. Family planning does not include pregnancy
termination.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 42. A
new section is added to chapter 18.71 RCW to read as follows:
(1)
Nothing in section 26 of this act imposes any additional duties or
responsibilities on, or removes any duties or responsibilities from, a
physician licensed under this chapter, except as specifically included in
chapter 13.34 RCW and sections 35 and 41 of this act.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 43. A
new section is added to chapter 18.57 RCW to read as follows:
(1)
Nothing in section 26 of this act imposes any additional duties or
responsibilities on, or removes any duties or responsibilities from, an
osteopath licensed under this chapter, except as specifically included in
chapter 13.34 RCW and sections 35 and 41 of this act.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 44. A
new section is added to chapter 18.79 RCW to read as follows:
(1)
Nothing in section 26 of this act imposes any additional duties or
responsibilities on, or removes any duties or responsibilities from, an
advanced registered nurse practitioner licensed under this chapter, except as
specifically included in chapter 13.34 RCW and sections 35 and 41 of this act.
(2)
This section expires June 30, 2002.
NEW
SECTION. Sec. 45.
Section 9 of this act takes effect October 1, 1998.
NEW
SECTION. Sec. 46.
Sections 18 through 24, 26 through 28, 30 through 39, and 41 through 44 of this
act take effect January 1, 1999.
NEW
SECTION. Sec. 47.
Sections 14 through 16 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 take effect immediately.
NEW
SECTION. Sec. 48. The
department of community, trade, and economic development shall contract with
The Evergreen State College for completion of the study by the Washington
institute for public policy ordered pursuant to sections 14 through 16 of this
act. The department of community, trade, and economic development shall
contract with the department of social and health services for the purpose of
implementing sections 18 through 44 of this act. No funds for administrative
expenses may be deducted by the department of community, trade, and economic
development prior to allocation as provided in this section.
