H-2064

AN ACT Relating to foster parents' rights; amending RCW 74.13.280 and 74.13.330; adding new sections to chapter 74.13 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. This act is intended to protect, promote, and nurture children, including foster children, by accomplishing the following purposes:

(1) Creating a clear and well-defined set of services for families with endangered children or foster children;

(2) Ensuring that services to families with endangered children or foster children will be delivered in an orderly, predictable, and consistent manner;

(3) Targeting services to families and children most at risk;

(4) Concentrating resources on those services that are most effective and critically needed;

(5) Assuring that services are selected and tailored to meet the specific needs of individual families;

(6) Improving coordination among agencies providing assistance to families;

(7) Increasing agency accountability in providing services to individual families;

(8) Assuring better information concerning services to assist parents, foster parents, courts, advocates, legislators, administrators, social workers, and others to plan for children more effectively;

(9) Improving the quality, timeliness, and decisiveness of agency and judicial decisions concerning families; and

(10) Ensuring that foster families and children, are treated in a fair, objective, and expeditious manner by the department of social and health services.

NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

Foster parents have the right to be free of coercion, discrimination, and reprisal in serving foster children, including the right to voice grievances about treatment furnished or not furnished to the foster child.

NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:

No department employee may retaliate against a foster parent or in any other manner discriminate against any foster parent because:

(1) The foster parent made a complaint with the office of family and children's ombudsman, the attorney general, law enforcement agencies, or the department, provided information, or otherwise cooperated with the investigation of such a complaint;

(2) The foster parent has caused to be instituted any proceedings under or related to Title 13 RCW;

(3) The foster parent has testified or is about to testify in any such proceedings;

(4) The foster parent has advocated for services on behalf of the foster child;

(5) The foster parent has sought to adopt a foster child in the foster parent's care; or

(6) The foster parent has discussed or consulted with anyone concerning the foster parent's rights under this chapter or chapter 74.15 or 13.34 RCW.

Sec. 4. RCW 74.13.280 and 1997 c 272 s 7 are each amended to read as follows:

(1) Except as provided in RCW 70.24.105, whenever a child is placed in out-of-home care by the department or a child-placing agency, the department or agency shall((~~, within available resources,~~)) share information about the child and the child's family with the care provider and shall((~~, within available resources,~~)) consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.

(2) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law.

(3) Nothing in this section shall be construed to limit the authority of the department or child-placing agencies to disclose client information or to maintain client confidentiality as provided by law.

Sec. 5. RCW 74.13.330 and 1990 c 284 s 23 are each amended to read as follows:

Foster parents are responsible for the protection, care, supervision, and nurturing of the child in placement. As an integral part of the foster care team, foster parents shall((,)): Assist in family visitation, including monitoring; model effective parenting behavior for the natural family; and if appropriate and they desire to((:)), participate in the development of the service plan for the child and the child's family((~~; assist in family visitation, including monitoring; and model effective parenting behavior for the natural family~~)).

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.