AN
ACT Relating to foster parents' rights; amending RCW 74.13.280; and adding new
sections to chapter 74.13 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. 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. 2.
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. 2 was vetoed. See message at end of chapter.
Sec.
3. 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.
NEW
SECTION. Sec. 4. A
new section is added to chapter 74.13 RCW to read as follows:
(1)
No child may be placed or remain in a specific out-of-home placement under this
chapter or chapter 13.34 RCW when there is a conflict of interest on the part of
any adult residing in the home in which the child is to be or has been placed.
A conflict of interest exists when:
(a)
There is an adult in the home who, as a result of: (i) His or her employment;
and (ii) an allegation of abuse or neglect of the child, conducts or has
conducted an investigation of the allegation; or
(b)
The child has been, is, or is likely to be a witness in any pending cause of
action against any adult in the home when the cause includes: (i) An
allegation of abuse or neglect against the child or any sibling of the child;
or (ii) a claim of damages resulting from wrongful interference with the
parent-child relationship of the child and his or her biological or adoptive
parent.
(2)
For purposes of this section, "investigation" means the exercise of
professional judgment in the review of allegations of abuse or neglect by: (a)
Law enforcement personnel; (b) persons employed by, or under contract with, the
state; (c) persons licensed to practice law and their employees; and (d) mental
health professionals as defined in chapter 71.05 RCW.
(3)
The prohibition set forth in subsection (1) of this section may not be waived
or deferred by the department under any circumstance or at the request of any
person, regardless of who has made the request or the length of time of the
requested placement.
*NEW
SECTION. Sec. 5.
A new section is added to chapter 74.13 RCW to read as follows:
(1)
When the secretary has reasonable cause to believe that an employee has knowingly
violated the conflict of interest provisions in section 4 of this act,
notwithstanding any rule adopted under chapter 41.06 RCW, the secretary shall
immediately suspend the employee.
(2)
The secretary shall immediately institute proceedings to terminate the
employment of any person who is found by the department, based upon a
preponderance of the evidence, to have knowingly violated the conflict of
interest provisions in section 4 of this act.
(3)
When the secretary has reasonable cause to believe that the employee of a
contractor has knowingly violated the conflict of interest provisions in
section 4 of this act, the secretary shall require the employee of a contractor
to be immediately removed from any employment position which would permit the
employee to make or influence placement decisions.
(4)
The secretary shall disqualify for employment with a contractor in any position
which would permit the employee to make or influence placement decisions, any
person who is found by the department, based upon a preponderance of evidence,
to have knowingly violated the conflict of interest provisions of section 4 of
this act.
(5)
The secretary, when considering the renewal of a contract with a contractor who
has taken action under subsection (3) or (4) of this section, shall require the
contractor to demonstrate that there has been significant progress made in
reducing the likelihood that the contractor's employees would knowingly violate
the conflict of interest provisions in section 4 of this act. The secretary
shall not renew a contract unless he or she determines that significant
progress has been made.
(6)
For purposes of RCW 50.20.060, a person terminated under this section shall be
considered discharged for misconduct.
*Sec. 5 was vetoed. See message at end of chapter.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to sections 2 and 5, House Bill
No. 1102 entitled:
"AN ACT Relating to foster parents' rights;"
House Bill No. 1102
states the rights foster parents have to be free from coercion, discrimination,
reprisal and retaliation in serving foster children. It also confirms that the
Department of Social and Health Services (DSHS) must share information about a
foster child and the child's family with foster parents, and prevents children
from being placed in homes where a foster parent may have a conflict of
interest.
Section 2 of the bill
would have expressly prohibited DSHS from retaliating or discriminating against
a foster parent because of a complaint he or she may have made against DSHS, as
well as several other foster parent protections.
While it is an excellent
idea to articulate foster parents' rights and responsibilities, section 2 was
flawed. The section was unclear, and may have created unintended broad new
liabilities for the state. DSHS would have been placed in a no-win position
where any action it might have taken involving a foster parent who has
complained could result in a lawsuit.
Other states have enacted
comprehensive laws establishing the rights of foster parents, and the Child
Welfare League of America has a model foster parent rights and responsibilities
document. Many of these states' statutes and the Child Welfare League of America
document would provide a model for developing strong, workable foster parent
laws in Washington.
Section 5 of the bill was
designed to enforce section 2, and is unnecessary after the veto of section 2.
To help ensure that there
is no retaliation against foster parents in our state, I will direct the
Secretary of DSHS to heighten his oversight of this issue.
For these reasons, I have
vetoed sections 2 and 5 of House Bill No. 1102.
With
the exception of sections 2 and 5, House Bill No. 1102 is approved."
