CERTIFICATION OF ENROLLMENT

SECOND SUBSTITUTE HOUSE BILL 3115

Chapter 353, Laws of 2006

(partial veto)

59th Legislature
2006 Regular Session

FOSTER PARENT CRITICAL SUPPORT AND RETENTION PROGRAM

EFFECTIVE DATE: 6/7/06

Passed by the House March 8, 2006 Yeas 98 Nays 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 7, 2006 Yeas 45 Nays 0 BRAD OWEN ________________________________________ President of the Senate		CERTIFICATE I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 3115 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk
Approved March 30, 2006, with the exception of section 5, which is vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington		FILED March 30, 2006 - 3:25 p.m. Secretary of State State of Washington

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SECOND SUBSTITUTE HOUSE BILL 3115
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AS AMENDED BY THE SENATE
Passed Legislature - 2006 Regular Session

State of Washington

59th Legislature

2006 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives Darneille, Talcott, Morrell, Green, McDonald, Ormsby, Simpson and Roberts)

READ FIRST TIME 02/08/06.

AN ACT Relating to establishing a foster parent critical support and retention program; amending RCW 74.13.280; adding new sections to chapter 74.13 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Foster parents are able to successfully maintain placements of sexually reactive children, physically assaultive children, or children with other high-risk behaviors when they are provided with proper training and support. Lack of support contributes to placement disruptions and multiple moves between foster homes.
     (2) Young children who have experienced repeated early abuse and trauma are at high risk for behavior later in life that is sexually deviant, if left untreated. Placement with a well-trained, prepared, and supported foster family can break this cycle.

NEW SECTION. Sec. 2 A new section is added to chapter 74.13 RCW to read as follows:
A foster parent critical support and retention program is established to retain foster parents who care for sexually reactive children, physically assaultive children, or children with other high-risk behaviors. Services shall consist of short-term therapeutic and educational interventions to support the stability of the placement. The foster parent critical support and retention program is to be implemented under the division of children and family services' contract and supervision. A contractor must demonstrate experience providing in-home case management, as well as experience working with caregivers of children with significant behavioral issues that pose a threat to others or themselves or the stability of the placement.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.13 RCW to read as follows:
     Under the foster parent critical support and retention program, foster parents who care for sexually reactive children, physically assaultive children, or children with other high-risk behaviors shall receive:
     (1) Availability at any time of the day or night to address specific concerns related to the identified child;
     (2) Assessment of risk and development of a safety and supervision plan;
     (3) Home-based foster parent training utilizing evidence-based models; and
     (4) Referral to relevant community services and training provided by the local children's administration office or community agencies.

NEW SECTION.  Sec. 4   The department of social and health services shall prepare and provide to the legislature, by December 1, 2006, a comprehensive report regarding the department's policies and practices relating to referrals, investigations, and records of child abuse and neglect allegations. At a minimum, the report shall include recommendations for improvement of the department's current practice to:
     (1) Define terms relating to referrals and investigative findings;
     (2) Provide guidelines for determining whether a referral is to be assigned and investigated;
     (3) Manage records of calls which are received but not investigated;
     (4) Establish a timeline for the destruction of records regarding investigations which resulted in no investigation, an inconclusive finding, or an unfounded finding;
     (5) Disclose to foster parents information regarding sexually reactive and physically aggressive tendencies of children placed in their homes;
     (6) Respond to allegations of abuse, neglect, or failure to supervise against foster parents when the allegations arise from the conduct of a child who is sexually reactive or has physically aggressive tendencies and the foster parent did not have prior knowledge of those tendencies or the child was not in the reasonable control of the foster parent; and
     (7) Protect the due process rights of individuals who are not afforded the protection of the child abuse and prevention and treatment act.

     *Sec. 5   RCW 74.13.280 and 2001 c 318 s 3 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 share information about the child and the child's family with the care provider and shall 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) Information about the child shall include information about behavioral and emotional problems of the child and whether the child is a sexually reactive child.
     (3) 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)~~)) (4) Disclosure of any relevant health care information shall be consistent with RCW 70.24.105 and any guidelines or recommendations established by the department of health concerning disclosure of such information, including testing for and disclosure of information related to blood-borne pathogens.
     (5) 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.
     *Sec. 5 was vetoed. See message at end of chapter.

         Passed by the House March 8, 2006.
         Passed by the Senate March 7, 2006.
         Approved by the Governor March 30, 2006, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State March 30, 2006.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to Section 5, Second Substitute House Bill No. 3115 entitled:

"AN ACT Relating to establishing a foster parent critical support and retention program."

Section 5 of the bill creates a statutory duty for the Department of Social and Health Services (DSHS) to disclose information to care providers regarding a dependent child's behavioral and emotional problems or regarding whether a dependent child is "sexually reactive." The duty to share this information is not limited to only that information known to the DSHS. Moreover, the term "sexually reactive" is not defined in this bill or in existing statutes. The lack of clarity regarding what specific information is to be shared and the absence of a key definition might result in misunderstandings between the DSHS and care providers. This, in turn, might result in inadequate supervision of children or unnecessary litigation.

I am directing the DSHS, however, to develop policies to implement the intent of Section 5. The DSHS policies are to specify what types of information must be shared with care providers, when the information is to be shared, and the manner in which the information is to be shared. The policies should include definitions of key terms. The DSHS' duty to share information should not be limited to only that information known at the time of placement. Rather, the DSHS should share information, consistent with the criteria outlined in policy, on an on-going basis.

For these reasons, I have vetoed Section 5 of Second Substitute House Bill No. 3115.

With the exception of Section 5, Second Substitute House Bill No. 3115 is approved."