BILL REQ. #:  S-2575.1 

READ FIRST TIME 03/05/07.   

     AN ACT Relating to children and families of incarcerated parents; adding a new section to chapter 72.09 RCW; adding a new section to chapter 74.04 RCW; adding a new section to chapter 43.215 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 43.63A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes the significant impact on the lives and well-being of children and families when a parent is incarcerated. It is the intent of the legislature to support children and families, and maintain familial connections when appropriate, during the period a parent is incarcerated. Further, the legislature finds that there must be a greater emphasis placed on identifying state policies and programs impacting children with incarcerated parents. Additionally, greater effort must be made to ensure that the policies and programs of the state are supportive of the children, and meet their needs during the time the parent is incarcerated.
     According to the final report of the children of incarcerated parents oversight committee, helping offenders build durable family relationships may reduce the likelihood that their children will go to prison later in life. Additionally, the report indicates that offenders who reconnect with their families in sustaining ways are less likely to reoffend. In all efforts to help offenders build these relationships with their children, the safety of the children will be paramount.

NEW SECTION.  Sec. 2   A new section is added to chapter 72.09 RCW to read as follows:
     (1) The secretary of corrections shall review current department policies and assess the adequacy and availability of programs targeted at inmates with children. The secretary shall adopt policies and programs that encourage familial contact and engagement between inmates and their children with the goal of reducing recidivism and intergenerational incarceration. Programs and policies should take into consideration the children's need to maintain contact with their parent and the inmate's ability to develop plans to financially support his or her children, assist in reunification when appropriate, and encourage the improvement of parenting skills where needed.
     (2) The secretary shall designate a policy level staff position to assist in implementing the requirements of subsection (1) of this section and to continue to oversee the policies and programs that are developed pursuant to this section. The functions of the staff shall, at a minimum, include the following:
     (a) Gathering information and data on the families of inmates, particularly the children of incarcerated parents;
     (b) Developing programs and policies that focus on sustaining the family during the parent's incarceration. Programs should be developed to assist parents to gain skills and connections that will help them resume parenting, and create a plan to help the family successfully deal with reintegration, or help them plan how to support the children if they decide not to reunite or if reunification is not in the best interest of the family;
     (c) Evaluate data to determine the impact on recidivism and intergenerational incarceration; and
     (d) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.04 RCW to read as follows:
     (1)(a) The secretary of social and health services shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive services through the department who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated.
     (b) The secretary shall adopt policies and programs that encourage familial contact and engagement between inmates of the department of corrections facilities and their children with the goal of facilitating normal child development, while reducing recidivism and intergenerational incarceration. Programs and policies should take into consideration the children's need to maintain contact with their parent, the inmate's ability to develop plans to financially support his or her children, assist in reunification when appropriate, and encourage the improvement of parenting skills where needed. The programs and policies should also meet the needs of the child while the parent is incarcerated.
     (2) The secretary shall designate a policy level staff position to assist in implementing the requirements of subsection (1) of this section and to continue to oversee the policies and programs that are developed pursuant to this section. The functions of the staff shall, at a minimum, include the following:
     (a) Gathering information and data on the recipients of public assistance, or children in the care of the state under chapter 13.34 RCW, who are the children and families of inmates incarcerated in department of corrections facilities;
     (b) Developing programs and policies that focus on sustaining the family during the parent's incarceration, particularly the needs of the children during the period the parent is incarcerated; and
     (c) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.215 RCW to read as follows:
     (1)(a) The director of the department of early learning shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive assistance who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated.
     (b) The director shall adopt policies and programs that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, while reducing intergenerational incarceration.
     (2) The director shall designate a policy level staff position to assist in implementing the requirements of subsection (1) of this section and to continue to oversee the policies and programs that are developed pursuant to this section. The functions of the staff shall, at a minimum, include the following:
     (a) Gathering information and data on the recipients of assistance who are the children and families of inmates incarcerated in department of corrections facilities;
     (b) Developing programs and policies that focus on sustaining the family during the parent's incarceration, particularly the needs of the children during the period the parent is incarcerated; and
     (c) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.300 RCW to read as follows:
     (1) The superintendent of public instruction shall review current policies and assess the adequacy and availability of programs targeted at children who have a parent who is incarcerated in a department of corrections facility. The superintendent of public instruction shall adopt policies and programs that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, including maintaining adequate academic progress, while reducing intergenerational incarceration.
     (2) The superintendent of public instruction shall designate a policy level staff position to assist in implementing the requirements of subsection (1) of this section and to continue to oversee the policies and programs that are developed pursuant to this section. The functions of the staff shall, at a minimum, include the following:
     (a) Gathering information and data on the students who are the children of inmates incarcerated in department of corrections facilities;
     (b) Developing programs and policies that focus on sustaining the family during the parent's incarceration, particularly the needs of the children during the period the parent is incarcerated; and
     (c) Participate in the children of incarcerated parents advisory committee.

NEW SECTION.  Sec. 6   A new section is added to chapter 43.63A RCW to read as follows:
     (1)(a) The department of community, trade, and economic development shall establish an advisory committee to monitor, guide, and report on recommendations relating to policies and programs for children and families with incarcerated parents.
     (b) The advisory committee shall include representatives of the the department of corrections, the department of social and health services, the department of early learning, the office of the superintendent of public instruction, representatives of the private nonprofit and business sectors, child advocates, representatives of Washington state Indian tribes as defined under the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.), court administrators, the administrative office of the courts, the Washington association of sheriffs and police chiefs, jail administrators, the office of the governor, and others who have an interest in these issues may also be included.
     (c) The advisory committee shall:
     (i) Gather the data collected by the departments as required in sections 2 through 5 of this act;
     (ii) Monitor and provide consultation on the implementation of recommendations contained in the 2006 children of incarcerated parents report;
     (iii) Identify areas of need and develop recommendations for the legislature, the department of social and health services, the department of corrections, the department of early learning, and the office of the superintendent of public instruction to better meet the needs of children and families of persons incarcerated in department of corrections facilities; and
     (iv) Advise the department of community, trade, and economic development regarding community programs the department should fund with moneys appropriated under sections 7 and 8 of this act. The advisory committee shall provide recommendations to the department regarding the following:
     (A) The goals for geographic distribution of programs and funding;
     (B) The scope and purpose of eligible services and the priority of such services;
     (C) Grant award funding limits;
     (D) Entities eligible to apply for the funding;
     (E) Whether the funding should be directed towards starting or supporting new programs, expanding existing programs, or whether the funding should be open to all eligible services and providers; and
     (F) Other areas the advisory committee determines appropriate.
     (d) The children of incarcerated parents advisory committee shall update the legislature and governor annually on committee activities, with the first update due by January 1, 2008.
     (2) The department of community, trade, and economic development shall select community programs or services to receive funding that focus on children and families of inmates incarcerated in a department of corrections facility and sustaining the family during the period of the inmate's incarceration.
     (a) Programs or services which meet the needs of the children of incarcerated parents should be the greatest consideration in the programs that are identified by the department.
     (b) The department shall consider the recommendations of the advisory committee regarding which services or programs the department should fund.
     (c) The programs selected shall collaborate with an agency, or agencies, experienced in providing services to aid families and victims of sexual assault and domestic violence to ensure that the programs identify families who have a history of sexual assault or domestic violence and ensure the services provided are appropriate for the children and families.