BP BHEAD INT S [atlas:bill]

AN ACT Relating to the provision of services to the homeless; amending RCW 74.13.020 and 74.13.031; adding new sections to chapter 43.63A RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that homelessness is a significant problem in Washington. Planning for and serving the shelter and housing needs of the homeless has been and continues to be a responsibility of the department of community, trade, and economic development. In order to adequately and effectively address the complex issues confronting homeless families with children, planning for and evaluating such services must be a collaborative effort between the department of community, trade, and economic development, the department of social and health services, other local, state, and federal government agencies, and community organizations. It is the intent of the legislature that children should not be placed in the foster care system if homelessness is the primary reason for placement or the continuation of their placement.

Sec. 2. RCW 74.13.020 and 1979 c 155 s 76 are each amended to read as follows:

As used in Title 74 RCW, child welfare services shall be defined as public social services including adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:

(1) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;

(2) Protecting and caring for ((~~homeless,~~)) dependent, abused, or neglected children;

(3) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children with services designed to resolve such conflicts;

(4) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;

(5) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.

As used in this chapter, child means a person less than eighteen years of age.

Sec. 3. RCW 74.13.031 and 1998 c 314 s 10 are each amended to read as follows:

The department shall have the duty to provide child welfare services and shall:

(1) Have authority to develop, administer, supervise, and monitor a coordinated and comprehensive plan that establishes((~~, aids,~~)) and strengthens services for the protection and care of ((~~homeless, runaway~~)) abused, 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 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.

NEW SECTION. Sec. 4. A new section is added to chapter 43.63A RCW to read as follows:

(1) In order to improve services for the homeless, the department, with funds appropriated by the legislature for this purpose, shall implement a system for collecting and analyzing data about the homeless, giving emphasis to information about homeless families with children. The system may be merged with other data-gathering and reporting systems and shall:

(a) Protect the rights of privacy of individuals;

(b) Provide for consultation and collaboration with state agencies including the department of social and health services, experts, and others; and

(2) To the extent the legislature appropriates funds, the department shall evaluate the information gathered, and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.

(3) The 1998 plan for homeless families with children may be updated or amended based on the evaluation of the information.

NEW SECTION. Sec. 5. A new section is added to chapter 43.63A RCW to read as follows:

The department shall, by rule, establish program standards, eligibility criteria, and administrative rules for emergency housing programs and specify other benefits, which may arise in consultation with providers.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.