BILL REQ. #:  H-5204.1 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to implementing a program of tiered classification for foster parent licensing; amending RCW 41.04.810, 41.56.113, and 43.01.047; adding new sections to chapter 74.13 RCW; adding a new section to chapter 41.56 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 74.13 RCW to read as follows:
     The legislature finds that foster parents are an essential partner in the child welfare system, with responsibility for the care of vulnerable children whose families are unable to meet their needs. Because children who enter the foster care system have experienced varying degrees of stress and trauma before placement, foster parents sometimes are called upon to provide care for children with significant behavioral challenges and intensive developmental needs. Other children who enter foster care may require extraordinary efforts due to health care needs or medical fragility. The legislature also finds that foster parents with specialized skills and experience, or professional training and expertise, can contribute significantly to a child's well-being by promoting placement stability and supporting the child's developmental growth while in foster care. The legislature intends to implement a specialized foster parent program to enhance the continuum of care options and to promote permanency and positive outcomes for children served by the child welfare system.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     (1) The department shall select two or more geographic areas with high concentrations of high-needs children in foster care for the implementation of phase one of a specialized foster parent program. In determining the scope of the first phase of the program, the department shall: (a) Examine areas where there are concentrations of children with challenging behaviors or significant needs who are being served in family foster homes; and (b) consider areas of appropriate size that will allow for careful analysis of the impact of the specialized foster parent program on the continuum of out-of-home care providers, including providers of behavioral rehabilitation services. During phase one of the implementation of the program, only state-licensed foster parents shall be eligible to participate in the program. Implementation of the program at the phase one sites also shall be structured to support the long-term goal of eventual expansion of the program statewide.
     (2) Beginning on or before the effective date of this act, the department shall actively:
     (a) Seek recommendations from foster parents and other out-of-home service providers in the program sites regarding the qualifications and requirements of specialized foster parents, the needs of the children to be served, and the desired outcomes to be measured or monitored at the respective program sites; and
     (b) Consult with experts in child welfare, children's mental health, and children's health care to identify the evidence-based or promising practice models to be employed in the program and the appropriate supports to ensure program fidelity, including, but not limited to, the necessary training, consultation, and supervision to be provided to specialized foster parents.
     (3) Using the recommendations from foster parents, the consultations with professionals from appropriate disciplines, and the information provided in the report to the legislature under chapter 413, Laws of 2007, including the information presented to the work group convened to prepare and present the report, the department shall implement the program through contracts with eligible specialized foster parents. The department shall:
     (a) Define the criteria for specialized foster parents, which shall include all criteria currently utilized for licensing volunteer foster parents, as well as additional requirements relating to relevant experience, education, training, and professional expertise;
     (b) Define criteria for identifying children eligible for placement with a specialized foster parent. Such criteria shall include an assessment of the child's past and current level of functioning as well as a determination that the child's treatment plan and developmental needs are consistent with the placement plan;
     (c) Establish rules for placement of children with specialized foster parents, including a process for matching the child's needs with the foster parent's skills and expertise;
     (d) Establish a limit on the number and ages of children that may be placed with a specialized foster parent. Such limitation shall recognize that children with externalizing behaviors are most likely to experience long-term improvements in their behavior when care is provided in settings that minimize exposure to peers with challenging behaviors;
     (e) Identify one or more approved models of skill building for use by specialized foster parents;
     (f) Specify the training and consultation requirements that support the models of service;
     (g) Establish a system of supports, including professional supervision and consultation for specialized foster parents;
     (h) Adopt a system of payments to specialized foster parents that is not tied to deficits in the child's level of functioning;
     (i) Establish clearly defined responsibilities of specialized foster parents, including responsibilities to promote permanency and connections with birth parents; and
     (j) Develop a process for annual performance reviews of specialized foster parents.
     (4) Contracts focused on achieving stability in placement and measuring improved permanency outcomes shall specify at least the following elements:
     (a) The model of treatment and care to be provided;
     (b) The training and ongoing professional consultation to be provided;
     (c) The nature of additional supports to be provided to the child or the foster parent;
     (d) The desired outcomes to be measured;
     (e) A reasonable and efficient process for seeking a memorandum of understanding or an addendum to the contract;
     (f) The rate and terms of payment under the contract; and
     (g) The term of the contract and the processes for an annual performance review of the foster parent and an annual assessment of the child.
     (5) Beginning on or before August 1, 2008, the department shall begin selection of specialized foster parents and negotiation of contracts with eligible foster parents in the phase one areas selected for implementation.
     (6) Based on the experiences and lessons learned from implementation of the program during phase one, the department shall recommend a process and timeline for expanding the program and implementing it statewide. The department shall report to the governor and the appropriate members of the legislature by January 1, 2009, and shall identify the essential elements of the specialized foster parent program that should be addressed or replicated as the program is expanded to the next phase.

NEW SECTION.  Sec. 3   A new section is added to chapter 41.56 RCW to read as follows:
     (1) In addition to the entities listed in RCW 41.56.020, this chapter applies to the governor with respect to specialized foster care home providers. Solely for the purposes of collective bargaining and as expressly limited under subsections (2) and (3) of this section, the governor is the employer of specialized foster care home providers who, solely for the purposes of collective bargaining, are public employees. The public employer shall be represented for bargaining purposes by the governor or the governor's designee.
     (2) There shall be collective bargaining between the governor and specialized foster care home providers, except as follows:
     (a) A statewide unit of all specialized foster care home providers is the only unit appropriate for purposes of collective bargaining.
     (b) The exclusive bargaining representative of specialized foster care home providers in the unit specified in (a) of this subsection shall be the representative chosen in an election conducted pursuant to RCW 41.56.070. Bargaining authorization cards furnished as the showing of interest in support of any representation petition or motion for intervention filed under this section shall be exempt from disclosure under chapter 42.56 RCW.
     (c) Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), the scope of collective bargaining for specialized foster care home providers under this section shall be limited solely to: (i) Economic compensation for specialized foster care home providers, such as manner and rate of subsidy and reimbursement, including tiered reimbursements; (ii) health and welfare benefits; (iii) labor management committees; (iv) grievance procedures; and (v) other economic matters. By such obligation, neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
     (d) In addition to the entities listed in the mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480, the provisions apply to the governor or the governor's designee and the exclusive bargaining representative of specialized foster care home providers, except that:
     (i) In addition to the factors to be taken into consideration by an interest arbitration panel under RCW 41.56.465, the panel shall consider the financial ability of the state to pay for the compensation and benefit provisions of a collective bargaining agreement.
     (ii) The decision of the arbitration panel is not binding on the legislature and, if the legislature does not approve the request for funds necessary to implement the compensation and benefit provisions of the arbitrated collective bargaining agreement, the decision is not binding on the state.
     (e) Specialized foster care home providers do not have the right to strike.
     (3) Specialized foster care home providers who are public employees solely for the purposes of collective bargaining under subsection (1) of this section are not, for that reason, employees of the state for any other purpose. This section applies only to the governance of the collective bargaining relationship between the employer and specialized foster care home providers as provided in subsections (1) and (2) of this section.
     (4) This section does not create or modify:
     (a) The department's authority to establish a plan of care for each foster child or its core responsibility to manage foster care services, including determination of the level of care that each foster child is eligible to receive. This subsection shall not be interpreted to require collective bargaining over an individual foster child's plan of care;
     (b) The department's obligation to comply with the federal medicaid statute and regulations and the terms of any community-based waiver granted by the federal department of health and human services and to ensure federal financial participation in the provision of the services;
     (c) The legislature's right to make programmatic modifications to the delivery of state services including standards of eligibility of children in foster care and specialized foster care home providers participating in the programs and the nature of services provided. The governor shall not enter into, extend, or renew any agreement under this chapter that does not expressly reserve the legislative rights described in this subsection (4)(c).
     (5) For purposes of this section, "specialized foster care home providers" means foster parents with specialized skills and experience or professional training and expertise who are selected by the department of social and health services to serve as specialized foster parents for children with extraordinary behavioral, developmental, or medical needs.

Sec. 4   RCW 41.04.810 and 2007 c 184 s 4 are each amended to read as follows:
     Individual providers, as defined in RCW 74.39A.240, family child care providers, as defined in RCW 41.56.030, ((and)) adult family home providers, as defined in RCW 41.56.030, and specialized foster care home providers, as defined in section 3 of this act, are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this title, except as provided in RCW 74.39A.270, 41.56.028, ((and)) 41.56.029, and section 1 of this act.

Sec. 5   RCW 41.56.113 and 2007 c 184 s 3 are each amended to read as follows:
     (1) Upon the written authorization of an individual provider, a family child care provider, ((or)) an adult family home provider, or a specialized foster care home provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider, a family child care provider, ((or)) an adult family home provider, or a specialized foster care home provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.
     (2) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers, family child care providers, ((or)) adult family home providers, or specialized foster care home providers enter into a collective bargaining agreement that:
     (a) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or
     (b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written authorization of the individual provider, family child care provider, ((or)) adult family home provider, or a specialized foster care home provider.
     (3)(a) The initial additional costs to the state in making deductions from the payments to individual providers, family child care providers, and adult family home providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
     (b) The allocation of ongoing additional costs to the state in making deductions from the payments to individual providers, family child care providers, ((or)) adult family home providers, or specialized foster care home providers under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the governor unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the governor, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300, 41.56.028, ((or)) 41.56.029, or section 1 of this act, as applicable, the ongoing additional costs to the state in making deductions from the payments to individual providers, family child care providers, ((or)) adult family home providers, or specialized foster care home providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
     (4) The governor and the exclusive bargaining representative of a bargaining unit of family child care providers may not enter into a collective bargaining agreement that contains a union security provision unless the agreement contains a process, to be administered by the exclusive bargaining representative of a bargaining unit of family child care providers, for hardship dispensation for license-exempt family child care providers who are also temporary assistance for needy families recipients or WorkFirst participants.

Sec. 6   RCW 43.01.047 and 2007 c 184 s 5 are each amended to read as follows:
     RCW 43.01.040 through 43.01.044 do not apply to individual providers under RCW 74.39A.220 through 74.39A.300, family child care providers under RCW 41.56.028, ((or)) adult family home providers under RCW 41.56.029, or specialized foster care home providers under section 1 of this act.

NEW SECTION.  Sec. 7   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.