BILL REQ. #:  H-2649.1 

READ FIRST TIME 2/28/07.   

     AN ACT Relating to documentation in child welfare proceedings; adding a new section to chapter 13.34 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   Several tragic child fatalities in the state over the past years have highlighted the need to look closely at placement decisions for children in the care of the state. The courts play a vital role in the placement decision making. In order to allow courts to make the best decision for children, the courts must be provided with accurate information.
     In several of the reviews conducted following child fatality identified situations, the caseworker provided summaries of relevant material, rather than the documents themselves. These summaries were relied upon and were later found to be inaccurate.
     The legislature finds that in order to facilitate the court acting in an oversight capacity, the caseworker must provide the court with documentation supporting assertions or recommendations made by the caseworker.

NEW SECTION.  Sec. 2   A new section is added to chapter 13.34 RCW to read as follows:
     In any proceeding under this chapter, if the department submits a report to the court in which the department is recommending a child be placed with a parent after the child was removed from the parent due to abuse or neglect allegations, the department shall include the documents listed in subsections (1) through (4) of this section to the report. The department shall include only these relevant documents and shall not attach the entire history of the parent or child.
     (1) If the report contains a recommendation, opinion, or assertion by the department relating to the parent's substance abuse treatment, mental health treatment, anger management classes, or domestic violence classes, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report or evaluation submitted by the provider, but may not include the entire history with the provider.
     (2) If the report contains a recommendation, opinion, or assertion by the department relating to the parent's visitation with the child, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the most recent visitation report, a visitation report referencing a specific incident alleged in the report, or summary of the visitation prepared by the person who supervised the visitation. The documentation attached to the report shall not include the entire visitation history.
     (3) If the report contains a recommendation, opinion, or assertion by the department relating to the psychological status of the parent, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report, evaluation, or summary submitted by the provider, but shall not include the entire history of the parent.
     (4) If the report contains a recommendation, opinion, or assertion by the department relating to injuries to the child that occurred while in the care of the parent, the department shall attach a summary of the physician's report relating to the recommendation, opinion, or assertion by the department.

NEW SECTION.  Sec. 3   This act shall be known and cited as the Raphael Gomez act.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void.