SHB 2985 -
By Committee on Human Services & Corrections
ADOPTED 03/01/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that foster
children have enhanced health care needs and that it is necessary to
improve the system of providing health care for foster children. The
legislature further recognizes the importance of meeting the mental
health needs of children in foster care, as well as their medical and
dental health care needs. The legislature finds that there must be
greater coordination and integration of systems, in particular
coordination between children's administration and the health and
recovery services administration as well as other agencies that provide
or pay for health services for foster youth, to ensure that the health
care needs of children in foster care are met in a timely manner.
NEW SECTION. Sec. 2 A new section is added to chapter 13.34 RCW
to read as follows:
Whenever a child is ordered removed from his or her home pursuant
to this chapter, the agency charged with his or her care may authorize
an evaluation and treatment for the child's routine and necessary
medical, dental, or mental health care, and all necessary emergency
care.
Sec. 3 RCW 74.13.031 and 2004 c 183 s 3 are each amended to read
as follows:
The department shall have the duty to provide child welfare
services and shall:
(1) Develop, administer, supervise, and monitor a coordinated and
comprehensive plan that establishes, aids, and strengthens services for
the protection and care of runaway, dependent, or neglected children.
(2) Within available resources, recruit an adequate number of
prospective adoptive and foster homes, both regular and specialized,
i.e. homes for children of ethnic minority, including Indian homes for
Indian children, sibling groups, handicapped and emotionally disturbed,
teens, pregnant and parenting teens, and annually report to the
governor and the legislature concerning the department's success in:
(a) Meeting the need for adoptive and foster home placements; (b)
reducing the foster parent turnover rate; (c) completing home studies
for legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall include
a section entitled "Foster Home Turn-Over, Causes and Recommendations."
(3) Investigate complaints of any recent act or failure to act on
the part of a parent or caretaker that results in death, serious
physical or emotional harm, or sexual abuse or exploitation, or that
presents an imminent risk of serious harm, and on the basis of the
findings of such investigation, offer child welfare services in
relation to the problem to such parents, legal custodians, or persons
serving in loco parentis, and/or bring the situation to the attention
of an appropriate court, or another community agency: PROVIDED, That
an investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the child's
parents, legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law enforcement
agency.
(4) Offer, on a voluntary basis, family reconciliation services to
families who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine basis,
to assure the safety, well-being, and quality of care being provided is
within the scope of the intent of the legislature as defined in RCW
74.13.010 and 74.15.010, and annually submit a report measuring the
extent to which the department achieved the specified goals to the
governor and the legislature.
(6) Have authority to accept custody of children from parents and
to accept custody of children from juvenile courts, where authorized to
do so under law, to provide child welfare services including placement
for adoption, to provide for the routine and necessary medical, dental,
and mental health care, or necessary emergency care of the children,
and to provide for the physical care of such children and make payment
of maintenance costs if needed. Except where required by Public Law
95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(7) Have authority to provide temporary shelter to children who
have run away from home and who are admitted to crisis residential
centers.
(8) Have authority to purchase care for children; and shall follow
in general the policy of using properly approved private agency
services for the actual care and supervision of such children insofar
as they are available, paying for care of such children as are accepted
by the department as eligible for support at reasonable rates
established by the department.
(9) Establish a children's services advisory committee which shall
assist the secretary in the development of a partnership plan for
utilizing resources of the public and private sectors, and advise on
all matters pertaining to child welfare, licensing of child care
agencies, adoption, and services related thereto. At least one member
shall represent the adoption community.
(10) Have authority to provide continued foster care or group care
for individuals from eighteen through twenty years of age to enable
them to complete their high school or vocational school program.
(11) Refer cases to the division of child support whenever state or
federal funds are expended for the care and maintenance of a child,
including a child with a developmental disability who is placed as a
result of an action under chapter 13.34 RCW, unless the department
finds that there is good cause not to pursue collection of child
support against the parent or parents of the child.
(12) Have authority within funds appropriated for foster care
services to purchase care for Indian children who are in the custody of
a federally recognized Indian tribe or tribally licensed child-placing
agency pursuant to parental consent, tribal court order, or state
juvenile court order; and the purchase of such care shall be subject to
the same eligibility standards and rates of support applicable to other
children for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department of social and health services
under subsections (4), (6), and (7) of this section, subject to the
limitations of these subsections, may be provided by any program
offering such services funded pursuant to Titles II and III of the
federal juvenile justice and delinquency prevention act of 1974.
(13) Within amounts appropriated for this specific purpose, provide
preventive services to families with children that prevent or shorten
the duration of an out-of-home placement.
(14) Have authority to provide independent living services to
youths, including individuals eighteen through twenty years of age, who
are or have been in foster care.
NEW SECTION. Sec. 4 A new section is added to chapter 74.13 RCW
to read as follows:
Within existing resources, the department shall establish a foster
care health unit within the children's administration. The children's
administration and the health and recovery services administration
within the department shall integrally collaborate to accomplish the
following tasks:
(1) The health unit shall review and provide recommendations to the
legislature by September 1, 2006, regarding issues including, but not
limited to, the following:
(a) Creation of an office within the department to consolidate and
coordinate physical, dental, and mental health services provided to
children who are in the custody of the department;
(b) Alternative payment structures for health care organization.
The department may consider managed care as an alternative structure
for health care. The department may not implement managed care for
health care services for children in foster care for cost containment
purposes; however, the department may institute managed care if the
managed care is in the foster child's best interest;
(c) Improving coordination of health care for children in foster
care, including medical, dental, and mental health care;
(d) Improving access to health information available to the
children's administration for providers of health services for children
in foster care, including the use of the child profile as a means to
facilitate access to such information;
(e) Establishing a medical home for each child placed in foster
care to ensure that appropriate, timely, and necessary quality care is
available through a coordinated system of care and analyzing how a
medical home might be utilized to meet the unique needs of children in
foster care. In establishing a medical home, the department shall
consider primary care that is accessible, continuous, comprehensive,
family centered, coordinated, compassionate, and culturally effective;
(f) Examining how existing resources are being utilized to provide
health care for foster children and options for improving how the
resources are utilized. Particular emphasis shall be placed on the
following:
(i) Whether the health care services provided to foster children
are evidence-based;
(ii) Whether resources are duplicative or redundant between
agencies or departments in the provision of medical, dental, or mental
health services for children; and
(iii) Identification of where resources are inadequate to meet the
routine and necessary medical, dental, and mental health needs of
children in foster care; and
(g) Any other issues related to medical, dental, or mental health
care for children in foster care.
(2)(a) The foster care health unit, in collaboration with regional
medical consultants, shall develop a statewide, uniform role for the
regional medical consultants with emphasis placed on the mental health
needs of the children in foster care.
(b) By September 1, 2006, the department shall implement the
utilization of the statewide, uniform role for the regional medical
consultants developed in (a) of this subsection.
(3) This section expires January 1, 2007."
SHB 2985 -
By Committee on Human Services & Corrections
ADOPTED 03/01/2006
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 74.13.031; adding a new section to chapter 13.34 RCW; adding a new section to chapter 74.13 RCW; creating a new section; and providing an expiration date."