SHB 1624 -
By Representative Kagi
ADOPTED 03/12/2007
On page 27, after line 25 of the amendment, insert the following:
"Sec. 13 RCW 74.13.031 and 2006 c 266 s 1 and 2006 c 221 s 3 are
each reenacted and 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)(a) Have authority to provide continued foster care or group
care as needed to participate in or complete a high school or
vocational school program.
(b)(i) Beginning in 2006, the department has the authority to allow
up to fifty youth reaching age eighteen to continue in foster care or
group care as needed to participate in or complete a posthigh school
academic or vocational program, and to receive necessary support and
transition services.
(ii) In 2007 and 2008, the department has the authority to allow up
to fifty additional youth per year reaching age eighteen to remain in
foster care or group care as provided in (b)(i) of this subsection.
(iii) A youth who remains eligible for such placement and services
pursuant to department rules may continue in foster care or group care
until the youth reaches his or her twenty-first birthday. Eligibility
requirements shall include active enrollment in a posthigh school
academic or vocational program and maintenance of a 2.0 grade point
average.
(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. Cases involving
individuals age eighteen through twenty shall not be referred to the
division of child support unless required by federal law.
(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 who have attained eighteen years of age,
and have not attained twenty-one years of age who are or have been in
foster care.
(15) Consult at least quarterly with the foster parent association
of Washington state for the purpose of receiving information and
comment regarding how the department is performing the duties and
meeting the obligations specified in this section and RCW 74.13.250 and
74.13.320 regarding the recruitment of foster homes, reducing foster
parent turnover rates, providing effective training for foster parents,
and administering a coordinated and comprehensive plan that strengthens
services for the protection of children. Consultation shall occur at
the regional and statewide levels.
NEW SECTION. Sec. 14 (1) The secretary of the department of
social and health services shall work in conjunction with the
University of Washington to study the need for and the feasibility of
creating tiered classifications for foster parent licensing, including
a professional foster parent classification. The secretary of the
department of social and health services and the dean of the school of
social work, or his or her designee, at the University of Washington
jointly shall facilitate a work group composed of: (a) One or more
representatives from the Washington federation of state employees; (b)
two or more representatives from the foster parent association of
Washington state; (c) the director of the institute for children and
families at the University of Washington; and (d) four or more child
welfare professionals with subject matter expertise from the public,
private, or academic communities.
(2) To promote the exchange of ideas and collaboration, the
secretary and the director also shall convene at least two focused
stakeholder meetings seeking input from a broad range of foster
parents, social workers, and community members. To facilitate the
exchange of ideas, the department of social and health services shall
provide to the work group the contact information for licensed foster
parents for the sole purpose of communicating with foster parents
regarding issues relevant to foster parents. The work group shall keep
the contact information confidential and shall develop guidelines for
the use and maintenance of this contact information among work group
members.
(3) The secretary of the department of social and health services
and the dean of the school of social work, or his or her designee, at
the University of Washington shall report the recommendations of the
work group to the appropriate committees of the legislature by January
1, 2008.
NEW SECTION. Sec. 15 Section 14 of this act expires January 1,
2008."
Renumber the remaining section consecutively, correct internal references accordingly, and correct the title.
EFFECT: Directs the DSHS to consult quarterly with the Foster Parent Association of Washington State at statewide and regional levels regarding foster parent recruitment and retention; foster parent training; and performance of the DSHS duties relating to the administration of a coordinated plan of services to protect children. Directs the DSHS to work in conjunction with the Dean of the UW School of Social Work to study the need for and feasability of creating a tiered classification for foster parent licensing. Directs the secretary of the DSHS and the Dean of the School of Social Work to jointly facilitate a work group and to report back to the Legislature by January 1, 2008, regarding the work group's recommendations. Requires the DSHS to provide the work group with contact information for licensed foster parents for the sole purpose of communicating with foster parents regarding issues relevant to foster parents.