BILL REQ. #:  H-4431.2 

Read first time 01/27/2004.   Referred to Committee on Children & Family Services.

     AN ACT Relating to medical and dental care and testing for children in the care of the department of social and health services; amending RCW 13.34.060; adding new sections to chapter 74.13 RCW; and adding a new section to chapter 13.34 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:
     The legislature intends to establish a policy with the goal of ensuring that the health and well-being of both infants in foster care and the families providing for their care are protected.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     (1) The department of social and health services shall recommend that the physician or other licensed health care practitioner conducting the initial medical assessment of a child under one year of age following placement in out-of-home care conduct screening and, if appropriate, testing for blood-borne pathogens.
     (2) The department shall obtain the results of the screening and, if conducted, testing for blood-borne pathogens and incorporate those results in the evaluation conducted pursuant to RCW 74.14A.050.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.13 RCW to read as follows:
     (1) Upon any placement, the department of social and health services shall inform each out-of-home care provider if the child to be placed in that provider's care is infected with a blood-borne pathogen, if known by the department.
     (2) All out-of-home care providers licensed by the department shall receive training related to blood-borne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.
     (3) Any disclosure of information related to HIV must be in accordance with RCW 70.24.105.

Sec. 4   RCW 13.34.060 and 2002 c 52 s 4 are each amended to read as follows:
     (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055.
     (a) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care shall be with any person described in RCW 74.15.020(2)(a). The person must be willing and available to care for the child and be able to meet any special needs of the child. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the supervising agency's plan or is ordered by the court. If a child is not initially placed with a relative pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative on the next business day after the child is taken into custody. The supervising agency shall document its effort to place the child with a relative pursuant to this section. Nothing within this subsection (1)(a) establishes an entitlement to services or a right to a particular placement.
     (b) Whenever a child is taken into custody pursuant to this section, the supervising agency may authorize evaluations and treatment of the child's physical or emotional condition, routine medical and dental examination and care, medical testing including, but not limited to, testing conducted pursuant to section 2 of this act, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, whether such waiver is knowing and voluntary.
     (2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event shall notice be provided more than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.

NEW SECTION.  Sec. 5   A new section is added to chapter 13.34 RCW to read as follows:
     If the court orders a disposition pursuant to RCW 13.34.130(1)(b), the supervising agency may authorize evaluations and treatment of the child's physical or emotional condition, routine medical and dental examination and care, medical testing including, but not limited to, testing conducted pursuant to section 2 of this act, and all necessary emergency care.