BILL REQ. #:  S-0662.1 

Read first time 01/18/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to dependent children; amending RCW 13.34.138 and 13.34.025; adding a new section to chapter 26.44 RCW; adding a new section to chapter 43.101 RCW; adding a new section to chapter 13.34 RCW; and creating a new section.

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

Sec. 1   RCW 13.34.138 and 2005 c 512 s 3 are each amended to read as follows:
     (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.
     (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
     (b) If the child is not returned home, the court shall establish in writing:
     (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
     (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;
     (iii) Whether there is a continuing need for placement and whether the placement is appropriate;
     (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
     (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
     (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
     (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
     (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
     (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
     (2)(a) In any case in which the court orders that a dependent child may be returned to or remain in the child's home, the in-home placement shall be contingent upon the following:
     (i) The compliance of the parents with court orders related to the care and supervision of the child, including compliance with an agency case plan; and
     (ii) The continued participation of the parents, if applicable, in available substance abuse or mental health treatment if substance abuse or mental illness was a contributing factor to the removal of the child.
     (b) The following may be grounds for removal of the child from the home, subject to review by the court:
     (i) Noncompliance by the parents with the agency case plan or court order;
     (ii) The parent's inability, unwillingness, or failure to participate in available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect; or
     (iii) The failure of the parents to successfully and substantially complete available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect.
     (c) In any case in which the court orders that a dependent child may be returned home and that child is later removed from the home, the court shall hold a review hearing within thirty days from the date of removal to determine whether the permanency plan should be changed, a termination petition should be filed, or other action is warranted. The best interests of the child shall be the court's primary consideration in the review hearing.
     (3) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.
     (4) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(3).

Sec. 2   RCW 13.34.025 and 2002 c 52 s 2 are each amended to read as follows:
     (1) The department of social and health services shall develop methods for coordination of services to parents and children in child dependency cases. To the maximum extent possible under current funding levels, the department must:
     (((1))) (a) Coordinate and integrate services to children and families, using service plans and activities that address the children's and families' multiple needs, including ensuring that siblings have regular visits with each other, as appropriate. Assessment criteria should screen for multiple needs;
     (((2))) (b) Grant priority access to court-ordered services, such as mental health services, domestic violence treatment, parent-child therapy, and parenting classes to parents who are defendants in dependency proceedings, providing funds for such services if the parent is unable to pay;
     (c) Develop treatment plans for the individual needs of the client in a manner that minimizes the number of contacts the client is required to make; and
     (((3))) (d) Access training for department staff to increase skills across disciplines to assess needs for mental health, substance abuse, developmental disabilities, and other areas.
     (2) If the department determines that a child's primary caregiver must engage in services necessary to ensure the safety of the child, and the primary caregiver fails to engage in those services, then the department must notify the court that the primary caregiver has failed to engage in the necessary services.

NEW SECTION.  Sec. 3   A new section is added to chapter 26.44 RCW to read as follows:
     (1) Each agency involved in investigating child abuse and neglect shall document its role in handling cases and how it will coordinate with other local agencies or systems, and shall adopt a local protocol based on the state guidelines. The department of social and health services and local law enforcement agencies may include other agencies and systems that are involved with child abuse and neglect victims in the multidisciplinary coordination.
     (2) Each county shall develop a written protocol for handling criminal child abuse and neglect investigations. The protocol shall address the coordination of child abuse and neglect investigations between the prosecutor's office, law enforcement, the department, local advocacy groups, and any other local agency involved in the criminal investigation of child abuse and neglect, including those investigations involving multiple victims and multiple offenders. The protocol shall be developed by the prosecuting attorney with the assistance of the agencies referenced in this subsection.
     (3) Local protocols under this section shall be adopted and in place by July 1, 2008, and shall be submitted to the legislature prior to that date.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.101 RCW to read as follows:
     (1) The commission, in consultation with the department of social and health services, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys, shall develop a curriculum related to child abuse and neglect to be included in the basic law enforcement training that must be successfully completed within the first fifteen months of employment of all law enforcement personnel.
     (2) The curriculum must be incorporated into the basic law enforcement training program by July 1, 2008.

NEW SECTION.  Sec. 5   (1) The department of social and health services shall convene a work group, including representatives of the children's administration and the mental health division, to analyze gaps throughout the state in the availability and accessibility of services identified in the federal adoption and safe families act as it existed on the effective date of this section.
     (2) The department of social and health services shall submit to appropriate committees of the legislature a final report and recommendations by December 1, 2007.

NEW SECTION.  Sec. 6   A new section is added to chapter 13.34 RCW to read as follows:
     (1) The administrative office of the courts, in consultation with the attorney general's office and the department of social and health services, shall compile an annual report, providing information about cases that fail to meet statutory guidelines to achieve permanency for dependent children.
     (2) The administrative office of the courts shall submit the annual report required by this section to appropriate committees of the legislature by December 1st of each year, beginning on December 1, 2007.