S-4268

AN ACT Relating to improving foster care services and the foster care rate structure; adding new sections to chapter 43.20A RCW; adding new sections to chapter 74.13 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.20A RCW to read as follows:

The legislature finds that foster care issues continue from year to year without resolution. In addition, caseloads have grown, which impairs the capacity of caseworkers to provide efficient and effective services. The legislature finds that relationships with foster parents, biological parents, providers, and the children have suffered as a result. Therefore, it is the legislature's intent to begin to alleviate some of these problems by encouraging the department to evaluate its criteria for delivery of services and selection of vendors. It is not the legislature's intent to supplant state jobs in doing so but rather to improve the quality of services and service delivery.

NEW SECTION. Sec. 2. A new section is added to chapter 43.20A RCW to read as follows:

Consistent with chapter . . . (Senate Bill No. 6402), Laws of 2000, the secretary of the department shall emphasize the purchase of child welfare services from licensed child-placing agencies or other entities as permitted under chapter 41.06 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 43.20A RCW to read as follows:

(1) The department shall increase by at least fifteen percent the number of children currently being served by licensed child-placing agencies.

(2) The department shall determine on a regional basis the method by which the increase required in subsection (1) of this section will be met.

(3) The department shall develop guidelines to determine which cases will be managed by licensed child-placing agencies. These guidelines shall be developed in conjunction with the licensed child-placing agencies no later than November 15, 2000.

(4) The department shall use the following outcome measures for child welfare services provided by the department and licensed child-placing agencies:

(a) Children in out-of-home care will not experience confirmed abuse or neglect while in placement;

(b) Children will not experience confirmed abuse or neglect within six months of reunification with their biological parent;

(c) Youth age sixteen and older discharged from foster care have either completed high school, obtained a GED, or are participating in an educational or job training program;

(d) Parents and youth age fourteen and older will report satisfaction with services upon case closure;

(e) Fewer than ten percent of the foster families annually will leave the program because of dissatisfaction;

(f) Foster families will report satisfaction with overall support; and

(g) Other outcomes as deemed appropriate by the department.

(5) The department shall compare the outcomes achieved by the department with those achieved by licensed child-placing agencies and report to the appropriate committees of the legislature on an annual basis beginning January 1, 2001.

NEW SECTION. Sec. 4. A new section is added to chapter 74.13 RCW to read as follows:

(1) For purposes of this section, "specialized rate for family foster care" means amounts paid by the department to foster families in addition to the basic foster care rate.

(2) The department shall discontinue payment of the specialized rate for family foster care.

NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:

(1) For purposes of this section, "exceptional cost plans" means funds to reimburse foster parents for unusual, highly demanding activities or supervision for children with severe impairments or acute emotional or behavioral problems.

(2) The department is authorized to pay for exceptional cost plans, in addition to the basic foster care rate, as provided in this act.

(3) The department shall create the following levels of exceptional cost plans:

(a) Level I, for which the maximum monthly reimbursement shall be seven hundred fifty dollars.

(b) Level II, for which the maximum monthly reimbursement shall be two thousand dollars.

(4) The criteria for reimbursement of foster parents at the level I range are:

(a) The foster child requires special classes, lessons, or social activities not related to physical care or supervision;

(b) The foster child requires minimal mental health therapy; or

(5) The criteria for reimbursement of foster parents at the level II range are:

(a) Respite or child care as a substitute for or to assist the foster parent in caring for the child is required;

(b) The foster child requires a special diet;

(d) The foster child requires special equipment or furniture; or

(e) Additional reimbursement to the foster parent is necessary for the maintenance or special supervision of the foster child.

(6) Notwithstanding the provisions of subsections (4) and (5) of this section, only when authorized by the regional administrator, foster parents may receive payments in excess of those authorized in subsection (5) of this section under the following criteria:

(a) The foster child is severely medically fragile as defined by the department in rule;

(b) The foster child requires extraordinary twenty-four hour supervision;

(d) The foster child has an extensive history of inpatient mental health or substance abuse treatment.

(7) No regional administrator may delegate to any subordinate the authority to authorize an exception granted under subsection (6) of this section. In the absence, or disability, of a regional administrator, the assistant secretary shall determine whether an exception shall be granted.

NEW SECTION. Sec. 6. A new section is added to chapter 74.13 RCW to read as follows:

The department shall develop a training curriculum for foster parents by which foster parents receiving level I or II exceptional cost plan reimbursement or an exceptional amount in addition to those levels as provided in section 5 of this act are required to complete a certain number of hours of training on an annual basis to continue receiving the higher rates of reimbursement. The training required of each foster parent shall be directly related to the specific special needs of the foster child or children for whom the foster parent provides care. The annual amount of training required shall be determined by the department in rule.

NEW SECTION. Sec. 7. A new section is added to chapter 74.13 RCW to read as follows:

The department shall develop by September 1, 2000, and implement by December 15, 2000, a state-wide policy for the provision of a minimum level of respite care for all licensed foster parents.

NEW SECTION. Sec. 8. A new section is added to chapter 74.13 RCW to read as follows:

The assistant secretary for the children's administration at the department shall convene a quality improvement team whose sole responsibility shall be to oversee the implementation of this act. The team shall consist of at least the following members: A representative of two private child-placing agencies; a licensed foster parent; a member of the foster parents association of Washington state; a parent of a child in foster care provided by the children's administration; a parent of a child who is in foster care provided by a child-placing agency; a representative of the department; and a representative of a state employees' union. The team shall meet at least quarterly to oversee the department's progress on implementation. The department shall provide access to all records and documents necessary for the team to perform its responsibilities under this act. The team shall provide a preliminary report to the legislature by January 1, 2001.

NEW SECTION. Sec. 9. Sections 1, 2, 3, 5, and 6 of this act take effect May 1, 2001.