BP BHEAD INT S [atlas:bill]

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 41.06 RCW, 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 use the following criteria to determine which cases will be managed by licensed child-placing agencies:

(a)(i) The child has been in out-of-home care for a minimum of ninety consecutive days; and

(ii) The child's permanent plan is adoption or the child is, at the time of transfer, legally free; or

(b) The child is medically fragile.

(2) In making decisions about which cases to be managed under this section, the department shall: (a) Not place only the most difficult or severely challenged children with the child-placing agencies but shall choose a mixture of children with varying needs; (b) retain legal custody of the children transferred; (c) make every effort to continue receiving federal funding in the cases to be managed by licensed child-placing agencies; and (d) consider regional flexibility in the cases managed by child-placing agencies.

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 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 two thousand dollars.

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

(4) The criteria for reimbursement of foster parents at the level I 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.

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

(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 (4) 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. This act takes effect July 1, 2000.