BP BHEAD INT S [atlas:bill]

AN ACT Relating to child abuse and neglect reporting, investigation, and training procedures and the administration of the Washington state schools for the blind and for the deaf; amending RCW 72.40.022, 72.41.040, 72.41.070, 72.42.040, and 72.42.070; adding new sections to chapter 72.40 RCW; adding a new section to chapter 43.06A RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 72.40 RCW to read as follows:

The state school for the deaf and the state school for the blind shall protect the children who attend from child abuse and neglect as defined in RCW 26.44.020.

NEW SECTION. Sec. 2. A new section is added to chapter 72.40 RCW to read as follows:

The superintendents of the state school for the deaf and the state school for the blind or their designees shall immediately report to the persons indicated the following events:

(1) To the child's parent, custodian, or guardian:

(a) The death of the child;

(b) Hospitalization of a child in attendance or residence at the school;

(c) Allegations of child abuse or neglect in which the parent's child in attendance or residence at the school is the alleged victim;

(d) Allegations of physical or sexual abuse in which the parent's child in attendance or residence at the school is the alleged perpetrator;

(e) Life-threatening illness;

(f) The attendance at the school of any child who is a registered sex offender under RCW 9A.44.130 as permitted by RCW 4.24.550.

(2) To the department of social and health services child protective services or law enforcement any instance in which there is reasonable cause to believe that child abuse, neglect, or exploitation has occurred.

(3) Notification to the parent shall be made by the means most likely to be received by the parent. If initial notification is made by telephone, such notification shall be followed by notification in writing within forty-eight hours after the initial oral contact is made.

NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

(1) The superintendents of the state school for the deaf and the state school for the blind shall maintain in writing and implement behavior management policies and procedures that accomplish the following:

(a) Support the child's appropriate social behavior, self-control, and the rights of others;

(b) Foster dignity and self-respect for the child;

(2) The state school for the deaf and the state school for the blind shall use proactive, positive behavior support techniques to manage potential child behavior problems. These techniques shall include but not be limited to:

(a) Organization of the physical environment and staffing patterns to reduce factors leading to behavior incidents;

(b) Intervention before behavior becomes disruptive, in the least invasive and least restrictive manner available;

(d) Redirection strategies to present the child with alternative resolution choices.

NEW SECTION. Sec. 4. A new section is added to chapter 72.40 RCW to read as follows:

(1) The state school for the deaf and the state school for the blind shall ensure that all staff, within one month of beginning employment, complete a minimum of fifteen hours of job orientation which shall include but is not limited to:

(a) Presentation of the standard operating procedures manual for each school, describing all policies and procedures specific to the school;

(b) Client management techniques, including supervision of students in the residential portion of the school; and

(2) By December 1, 2000, all current staff shall receive training on the following:

(a) Verbal deescalation and positive behavior support;

(b) Client behavior management;

(d) Residential care supervision techniques;

(e) Mediation skills;

(f) Conflict management/problem-solving skills; and

(g) Physical and sexual abuse.

(3) The state school for the deaf and the state school for the blind shall ensure that all new staff receive training within ninety days of employment in the areas listed in subsection (2) of this section. All staff shall receive ongoing training in the areas listed in subsection (2) of this section every two years.

NEW SECTION. Sec. 5. A new section is added to chapter 72.40 RCW to read as follows:

The residential program at the state school for the deaf and the state school for the blind shall employ residential staff in sufficient numbers to ensure the physical and emotional needs of the residents are met. Residential staff shall be on duty in sufficient numbers to ensure the safety of the children residing there. On-duty staff may include persons sleeping on the premises but they must be available to residents as needed during nighttime hours. If one staff is sleeping the other staff must be awake.

For purposes of this section, "residential staff" means staff in charge of supervising the day-to-day living situation of the children in the residential portion of the school.

NEW SECTION. Sec. 6. A new section is added to chapter 72.40 RCW to read as follows:

In addition to the powers and duties under RCW 72.40.022 and 72.40.024, the superintendents of the state school for the deaf and the state school for the blind shall:

(1) Develop written procedures for the supervision of employees and volunteers who have the potential for contact with students. Such procedures shall be designed to prevent child abuse and neglect by providing for adequate supervision of such employees and volunteers, taking into consideration such factors as the student population served, architectural factors, and the size of the facility. Such procedures shall include, but need not be limited to, the following:

(a) Staffing patterns and the rationale for such;

(b) Responsibilities of supervisors;

(c) The method by which staff and volunteers are made aware of the identity of all supervisors, including designated on-site supervisors;

(d) Provision of written supervisory guidelines to employees and volunteers;

(e) Periodic supervisory conferences for employees and volunteers; and

(f) Written performance evaluations of staff to be conducted by supervisors in a manner consistent with applicable provisions of the civil service law.

(2) Develop written procedures for the protection of students when there is reason to believe an incident has occurred which would render a child student an abused or neglected child within the meaning of RCW 26.44.020. Such procedures shall include, but need not be limited to, the following:

(a) Investigation. Immediately upon notification that a report of child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent shall:

(i) Initiate internal investigation procedures;

(ii) Preserve any potential evidence through such actions as securing the area where suspected abuse or neglect occurred;

(iii) Obtain proper and prompt medical evaluation and treatment, as needed, with documentation of any evidence of abuse or neglect; and

(iv) Provide necessary assistance to the department of social and health services and local law enforcement in their investigations;

(b) Safety. Upon notification that a report of suspected child abuse or neglect has been made to the department of social and health services or a law enforcement agency, the superintendent or his or her designee, with consideration for causing as little disruption as possible to the daily routines of the students, shall evaluate the situation and immediately take appropriate action to assure the health and safety of the students involved in the report and of any other students similarly situated, and take such additional action as is necessary to prevent future acts of abuse or neglect. Such action may include:

(i) Consistent with federal and state law:

(A) Removing the alleged perpetrator from the school;

(B) Increasing the degree of supervision of the alleged perpetrator; and

(ii) Provision of increased training and increased supervision to volunteers and staff pertinent to the prevention and remediation of abuse and neglect;

(iii) Temporary removal of the students from a program and reassignment of the students within the school, as an emergency measure, if it is determined that there is a risk to the health or safety of such students in remaining in that program. Whenever a student is removed, pursuant to this subsection (2)(b)(iii), from a special education program or service specified in his or her individualized education program, such action shall be referred to the appropriate committee on special education for review; and

(iv) Provision of counseling to the students involved in the report or any other students, as appropriate;

(c) Corrective action plans. Upon receipt of the results of an investigation by the department of social and health services pursuant to a report of suspected child abuse or neglect, the superintendent, after consideration of any recommendations by the department of social and health services for preventive and remedial action, shall implement a written plan of action designed to assure the continued health and safety of students and to provide for the prevention of future acts of abuse or neglect.

NEW SECTION. Sec. 7. A new section is added to chapter 72.40 RCW to read as follows:

In consideration of the needs and circumstances of the program, the state school for the deaf and the state school for the blind shall provide instruction to all students in techniques and procedures which will enable the students to protect themselves from abuse and neglect. Such instruction shall be described in a written plan to be submitted to the board of trustees for review and approval, and shall be:

(1) Appropriate for the age, individual needs, and particular circumstances of students, including the existence of mental, physical, emotional, or sensory disabilities;

(2) Provided at different times throughout the year in a manner which will ensure that all students receive such instruction; and

(3) Provided by individuals who possess appropriate knowledge and training, documentation of which shall be maintained by the school.

Sec. 8. RCW 72.40.022 and 1993 c 147 s 1 are each amended to read as follows:

In addition to any other powers and duties prescribed by law, the superintendent of the state school for the blind and the superintendent of the state school for the deaf:

(1) Shall have ((~~full control~~)) responsibility for the supervision and management of their respective schools and the property of various kinds.

(2) May establish criteria, in addition to state certification, for teachers at their respective schools.

(3) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.

(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the advice of the respective boards of trustees.

(5) With the advice and consent of the board of trustees, may establish new facilities as needs demand.

(6) In consultation with the board of trustees, may adopt rules, under chapter 34.05 RCW, as deemed necessary for the government, management, and operation of the housing facilities.

(7) Shall control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of their respective schools.

(8) In consultation with the board of trustees, may adopt rules for pedestrian and vehicular traffic on property owned, operated, and maintained by the respective schools.

(9) Purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of their respective schools.

(10) Except as otherwise provided by law, may enter into contracts as each superintendent deems essential to the respective purposes of their schools.

(11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the respective schools; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.

(12) May, except as otherwise provided by law, enter into contracts as the superintendents deem essential for the operation of their respective schools.

(13) In consultation with the board of trustees, may adopt rules providing for the transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.

(14) Shall prepare and administer their respective budgets consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.

(15) In consultation with the board of trustees, may adopt rules under chapter 34.05 RCW and perform all other acts not forbidden by law as the superintendents deem necessary or appropriate to the administration of their respective schools.

(16) In consultation with the board of trustees, shall present to the governor each year a full and detailed report including an itemized statement of all expenditures and actions during the previous year, with that information and those recommendations the superintendent deems necessary and advisable for the governor and the legislature to act upon.

(17) Prior to the adoption of any written rule or policy, the superintendent shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The superintendent shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the superintendent.

Sec. 9. RCW 72.41.040 and 1985 c 378 s 30 are each amended to read as follows:

The board of trustees of the state school for the blind:

(1) Shall monitor and inspect all existing facilities of the state school for the blind, and report its findings to the superintendent;

(2) Shall study and recommend comprehensive programs of education and training and review the admission policy as set forth in RCW 72.40.040 and 72.40.050, and make appropriate recommendations to the superintendent;

(3) Shall ((~~submit a list of three qualified candidates for~~)) employ a superintendent ((~~to the governor~~)) and ((~~shall~~)) advise the superintendent about the criteria and policy to be used in the selection of members of the faculty and such other administrative officers and other employees, who shall with the exception of the superintendent all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law((. All employees and personnel classified under chapter 41.06 RCW shall continue, after July 1, 1986, to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law));

(4) Shall submit an evaluation of the superintendent to the governor by July 1 of each odd-numbered year and may recommend to the governor that the superintendent be removed for misfeasance, malfeasance, or wilful neglect of duty;

(5) May recommend to the superintendent the establishment of new facilities as needs demand;

(6) May recommend to the superintendent rules and regulations for the government, management, and operation of such housing facilities deemed necessary or advisable;

(7) May make recommendations to the superintendent concerning classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for the school for the blind;

(8) May make recommendations to the superintendent for adoption of rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the school for the blind;

(9) Shall recommend to the superintendent, with the assistance of the faculty, the course of study including vocational training in the school for the blind, in accordance with other applicable provisions of law and rules and regulations;

(10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate;

(11) Shall participate in the development of, and monitor the enforcement of the rules and regulations pertaining to the school for the blind;

(12) Shall perform any other duties and responsibilities prescribed by the superintendent.

Sec. 10. RCW 72.41.070 and 1993 c 147 s 8 are each amended to read as follows:

(1) The board of trustees shall meet at least ((~~quarterly~~)) monthly at such times as the board by resolution shall determine or the bylaws of the board may prescribe. Special or deferred meetings may be held from time to time upon the call of the chair of the board, or on petition of a majority of the members of the board. All meetings shall be open to the public unless the board otherwise orders an executive session as provided in RCW 42.30.110.

(2) Prior to the adoption of a written rule or policy, the board of trustees shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of trustees shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of trustees.

Sec. 11. RCW 72.42.040 and 1985 c 378 s 34 are each amended to read as follows:

The board of trustees of the state school for the deaf:

(1) Shall monitor and inspect all existing facilities of the state school for the deaf, and report its findings to the superintendent;

(3) Shall ((~~develop a process for recommending candidates for the position of~~)) employ a superintendent and ((~~upon a vacancy shall submit a list of three qualified candidates for superintendent to the governor and shall~~)) advise the superintendent about the criteria and policy to be used in the selection of members of the faculty and such other administrative officers and other employees, who shall all with the exception of the superintendent be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law((. All employees and personnel classified under chapter 41.06 RCW shall continue, after July 1, 1986, to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law));

(4) Shall submit an evaluation of the superintendent to the governor by July 1 of each odd-numbered year and may recommend to the governor at any time that the superintendent be removed for misfeasance, malfeasance, or wilful neglect of duty;

(5) May recommend to the superintendent the establishment of new facilities as needs demand;

(6) May recommend to the superintendent rules and regulations for the government, management, and operation of such housing facilities deemed necessary or advisable;

(8) May make recommendations to the superintendent for adoption of rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the school for the deaf;

(9) Shall recommend to the superintendent, with the assistance of the faculty, the course of study including vocational training in the school for the deaf, in accordance with other applicable provisions of law and rules and regulations;

(10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate.

(11) Shall participate in the development of, and monitor the enforcement of the rules and regulations pertaining to the school for the deaf;

(12) Shall perform any other duties and responsibilities prescribed by the superintendent.

Sec. 12. RCW 72.42.070 and 1993 c 147 s 10 are each amended to read as follows:

NEW SECTION. Sec. 13. A new section is added to chapter 43.06A RCW to read as follows:

The office of family and children's ombudsman shall report by July 1 of each year, starting with July 1, 2000, to the governor on the ability of the state school for the blind and the state school for the deaf to protect the health and safety of the children attending those schools. As part of this report, the ombudsman shall review all referrals, investigations, and findings for abuse and neglect allegedly occurring in either school made to the department of social and health services and the department shall make those reports available to the ombudsman upon request.

NEW SECTION. Sec. 14. 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.