SSB 5909 -
By Senator Prentice
ADOPTED 03/13/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 70.190
RCW to read as follows:
In connection with its duties pursuant to RCW 70.190.110, the
council shall review programs that provide services to adolescent
foster children, and to youth who have reached the age of eighteen and
are no longer required to live in the care of foster parents.
NEW SECTION. Sec. 2 A new section is added to chapter 74.13 RCW
to read as follows:
(1) After the family policy council has completed its review of
programs that provide services to adolescent foster children and to
youth who have reached the age of eighteen and are no longer required
to live in the care of foster parents, pursuant to section 1 of this
act, the department shall create a pilot program to establish a foster
youth community coordinator in three regional office locations within
the state. The purpose of the pilot program is to provide assistance
to foster youth who are reaching eighteen years of age to facilitate
their ability to live independently upon leaving state care.
(2) The program shall include two sites selected by the department
not later than September 1, 2007.
(3) The responsibilities of the foster youth community coordinator
include the following:
(a) To facilitate collaboration among organizations providing
services to foster youth who are reaching their eighteenth birthday and
leaving foster care, as well as collaboration between the department
and these organizations;
(b) To facilitate training of those providing services to youth who
are preparing to leave foster care regarding the following:
(i) The educational needs of foster youth, particularly
interventions for older youth;
(ii) The foster care system;
(iii) The educational rights of children;
(iv) The role of education in the development and adjustment of
children;
(v) Improving the education outcomes of youth in foster care;
(vi) Building communities that support the needs of youth in out-of-home care; and
(vii) Education support for foster youth in transition; and
(c) Improving communication to foster youth regarding the services
and programs available to them as they prepare to leave foster care and
live independently.
(4) The program shall include measurable objectives for the purpose
of evaluation.
(5) The department shall evaluate the program to determine whether
the objectives of the program have been met and shall inform the
legislature not later than January 1, 2009, of the results of the pilot
program.
Sec. 3 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)(a) 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.
(b) Have the authority to allow up to fifty youth reaching age
eighteen to continue in foster care or group care for up to six months
following the youth's eighteenth birthday for the purpose of receiving
independent living skills while residing in a foster care placement.
(15) Within funds specifically appropriated therefor, the
department shall work with foster children exiting from care at the age
of eighteen, or exiting under subsection (10) or (14)(b) of this
section, to develop an independent living plan that may include
assistance with first month's rent, security deposit, and incidental
items necessary to live independently. The combined value of
assistance shall not exceed two thousand dollars per youth. The rent,
security deposit, and incidental items shall be provided through
vouchers. No cash or check shall be directly provided to the youth.
NEW SECTION. Sec. 4 Nothing in this act shall be construed to
create:
(1) An entitlement to services;
(2) Judicial authority to extend the jurisdiction of juvenile court
in a proceeding under chapter 13.34 RCW or to order the provision of
services to a youth who has attained eighteen years of age; or
(3) A private right of action or claim on the part of any
individual, entity, or agency against the department of social and
health services or any contractor of the department."
On page 1, line 2 of the title, after "care;" strike the remainder of the title and insert "reenacting and amending RCW 74.13.031; adding a new section to chapter 70.190 RCW; adding a new section to chapter 74.13 RCW; and creating a new section."
EFFECT: Subject to funding, provides youth exiting from foster care at, or after, age 18 with up to $2,000 for first month's rent, security deposit, and for incidental items. In order to receive funding, the department and youth must have developed a plan for living independently. No cash will be directly provided to the youth; instead vouchers will be provided for incidentals. Removes provisions on the individual development accounts. Limits the number of foster children allowed to stay in care for independent living services to fifty. Adds in language clarifying the act does not create an entitlement or additional judicial authority over youth over age 18.