HOUSE BILL REPORT

                  HB 2684

                    As Passed Legislature

Title:  An act relating to records that are accessible by the department of social and health services.

Brief Description:  Clarifying what records are available to the department of social and health services.

Sponsors:  Representatives D. Sommers and Tokuda; by request of Department of Social and Health Services.

Brief History:

  Committee Activity:

Children & Family Services:  1/27/00, 1/31/00 [DP].

Floor Activity:

Passed House:  2/9/00, 94-3.

Senate Amended.

Passed Senate:  2/29/00, 45-0.

House Concurred.

Passed House:  3/6/00, 97-0.

Passed Legislature.

                 Brief Summary of Bill

$Provides the Department of Social and Health Services with access to a child=s educational records when the child is temporarily placed outside his or her home.

HOUSE COMMITTEE ON CHILDREN & FAMILY SERVICES

Majority Report:  Do pass.  Signed by 8 members:  Representatives D. Sommers, Republican Co-Chair; Tokuda, Democratic Co-Chair; Kagi, Democratic Vice Chair; Campbell; Dickerson; Eickmeyer; Kastama and Pflug.

Minority Report:  Without recommendation.  Signed by 1 member:  Representative Boldt, Republican Vice Chair.

Staff:  Tracey Taylor (786-7196).

Background:

In a dependency proceeding, a proceeding under the Family Reconciliation Act, or under a voluntary placement agreement, a child may be placed temporarily outside his or her home.  If so placed, the department must oversee the child's care and supervision.  

Summary of Bill:

The Department of Social and Health services shall have access to a child=s educational records when the child is temporarily placed outside his or her home.  The written consent of the parent or student must be obtained in order for the department to release the educational documents to an individual or entity, except if the individual or entity is providing residential care for the child.  The educational records shall be part of the child=s "passport."  The department shall hold harmless the providers for any unauthorized disclosures caused by the department.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Currently, the department is forced to go to court to get a child's records.  This is difficult and there is a great deal of confusion about which records may be released.  Also, this adds to the already clogged court calendars.  The department needs the same information as a parent would to make decisions about a child's needs.  Foster parents are given a child with little insight.  A child may arrive while on a variety of medications, but the foster parents do not know why a medication is prescribed.

Testimony Against:  None.

Testified:  Jacob Romo, Department of Social and Health Services; and  Laurie Lippold, Children's Home Society.