E2SHB 2264 -
By Senators Hargrove, Stevens
ADOPTED 03/01/2012
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that:
(a) The state of Washington and several Indian tribes in the state
of Washington assume legal responsibility for abused or neglected
children when their parents or caregivers are unable or unwilling to
adequately provide for their safety, health, and welfare;
(b) Washington state has a strong history of partnership between
the department of social and health services and contracted service
providers who currently serve children and families in the child
welfare system. The department and its contracted service providers
have responsibility for providing services to address parenting
deficiencies resulting in child maltreatment, and the needs of children
impacted by maltreatment;
(c) Department caseworkers and contracted service providers each
play a critical and complementary role in the child welfare system. A
2007 Washington state children's administration workload study found
significant gaps in the number of case-carrying social workers relative
to the demands of their workload;
(d) The current system of contracting for services needed by
children and families in the child welfare system is fragmented,
inflexible, and lacks incentives for improving outcomes for children
and families.
(2) The legislature intends:
(a) To reform the delivery of certain services to children and
families in the child welfare system by creating a flexible,
accountable community-based system of care that utilizes
performance-based contracting, maximizes the use of evidence-based,
research-based, and promising practices, and expands the capacity of
community-based agencies to leverage local funding and other resources
to benefit children and families served by the department;
(b) To achieve improved child safety, child permanency, including
reunification, and child well-being outcomes through the collaborative
efforts of the department and contracted service providers and the
prioritization of these goals in performance-based contracting; and
(c) To implement performance-based contracting under this act in a
manner that supports and complies with the federal and Washington state
Indian child welfare act.
NEW SECTION. Sec. 2 For purposes of this chapter:
(1) "Case management" means convening family meetings, developing,
revising, and monitoring implementation of any case plan or individual
service and safety plan, coordinating and monitoring services needed by
the child and family, caseworker-child visits, family visits, and the
assumption of court-related duties, excluding legal representation,
including preparing court reports, attending judicial hearings and
permanency hearings, and ensuring that the child is progressing toward
permanency within state and federal mandates, including the Indian
child welfare act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to
receive the extended foster care services authorized under RCW
74.13.031.
(3) "Child-placing agency" has the same meaning as in RCW
74.15.020.
(4) "Child welfare services" means social services including
voluntary and in-home services, out-of-home care, case management, and
adoption services which strengthen, supplement, or substitute for,
parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of
problems which may result in families in conflict, or the neglect,
abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected
children;
(c) Assisting children who are in conflict with their parents, and
assisting parents who are in conflict with their children, with
services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the
strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in
foster family homes or day care or other child care agencies or
facilities.
(5) "Department" means the department of social and health
services.
(6) "Evidence-based" means a program or practice that is cost-effective and includes at least two randomized or statistically
controlled evaluations that have demonstrated improved outcomes for its
intended population.
(7) "Network administrator" means an entity that contracts with the
department to provide defined services to children and families in the
child welfare system through its provider network, as provided in
section 3 of this act.
(8) "Performance-based contracting" means structuring all aspects
of the procurement of services around the purpose of the work to be
performed and the desired results with the contract requirements set
forth in clear, specific, and objective terms with measurable outcomes
and linking payment for services to contractor performance.
(9) "Promising practice" means a practice that presents, based upon
preliminary information, potential for becoming a research-based or
consensus-based practice.
(10) "Provider network" means those service providers who contract
with a network administrator to provide services to children and
families in the geographic area served by the network administrator.
(11) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
NEW SECTION. Sec. 3 (1) No later than December 1, 2013, the
department shall enter into performance-based contracts for the
provision of family support and related services. The department may
enter into performance-based contracts for additional services, other
than case management, in future procurements.
(2) Beginning December 1, 2013, the department may not renew its
current contracts with individuals or entities for the provision of the
child welfare services included in performance-based contracts under
this section for services in geographic areas served by network
administrators under such contracts, except as mutually agreed upon
between the department and the network administrator to allow for the
successful transition of services that meet the needs of children and
families.
(3) The department shall conduct a procurement process to enter
into performance-based contracts with one or more network
administrators for family support and related services designed to
improve family functioning, prevent children from entering out-of-home
care, or to support reunification efforts when placement is
unavoidable.
(4) As part of the procurement process, following the selection of
the network administrators, the department, in collaboration with the
network administrators, shall consult with, but not be limited to,
department caseworkers, the exclusive bargaining representative for
employees of the department, tribal representatives, parents who were
formerly involved in the child welfare system, youth currently or
previously in foster care, child welfare services researchers, and the
Washington state institute for public policy to assist in identifying
the array of family support and related services that will be included
in the provider network. In identifying services, the department, in
collaboration with the network administrators, must review current data
and research related to the effectiveness of family support and related
services, and prioritize those services that are most critical to the
mitigation of child safety concerns and are evidence-based or research-based, while remaining cognizant of the need for diverse and culturally
appropriate services. Expenditures for family support and related
services purchased under this section must remain within the levels
appropriated in the operating budget.
(5)(a) Network administrators shall, through subcontracts with
service providers:
(i) Assist caseworkers in meeting their responsibility for
implementation of case plans and individual service and safety plans;
and
(ii) Provide the family support and related services included in a
child or family's case plan or individual service and safety plan
within funds available under contract.
(b) While the department caseworker retains responsibility for case
management, nothing in this act limits the ability of the department to
continue to contract for the provision of case management services by
child-placing agencies, behavioral rehabilitation services agencies, or
other entities that provided case management under contract with the
department prior to July 1, 2005.
(6) In conducting the procurement, the department shall actively
consult with other state agencies with relevant expertise, such as the
health care authority, and with philanthropic entities with expertise
in performance-based contracting for child welfare services. The
director of the office of financial management must approve the request
for proposal prior to its issuance.
(7) The procurement process must be developed and implemented in a
manner that complies with applicable provisions of intergovernmental
agreements between the state of Washington and tribal governments and
must provide an opportunity for tribal governments to contract for
service delivery through network administrators.
(8) The procurement and resulting contracts must include, but are
not limited to, the following standards and requirements:
(a) The use of family engagement approaches to successfully
motivate families to engage in services and training of the network's
contracted providers to apply such approaches;
(b) The use of parents and youth who are successful veterans of the
child welfare system to act as mentors through activities that include,
but are not limited to, helping families navigate the system,
facilitating parent engagement, and minimizing distrust of the child
welfare system;
(c) The establishment of qualifications for service providers
participating in provider networks, such as appropriate licensure or
certification, education, and accreditation by professional accrediting
entities;
(d) Adequate provider capacity to meet the anticipated service
needs in the network administrator's contracted service area. The
network administrator must be able to demonstrate that its provider
network is culturally competent and has adequate capacity to address
disproportionality, including utilization of tribal and other ethnic
providers capable of serving children and families of color or who need
language-appropriate services;
(e) Fiscal solvency of network administrators and providers
participating in the network;
(f) The use of evidence-based, research-based, and promising
practices, where appropriate, including fidelity and quality assurance
provisions;
(g) Network administrator quality assurance activities, including
monitoring of the performance of providers in their provider network,
with respect to meeting measurable service outcomes;
(h) Network administrator data reporting, including data on
contracted provider performance and service outcomes; and
(i) Network administrator compliance with applicable provisions of
intergovernmental agreements between the state of Washington and tribal
governments and the federal and Washington state Indian child welfare
act.
(9) Performance-based payment methodologies must be used in network
administrator contracting. Performance measures should relate to
successful engagement by a child or parent in services included in
their case plan, and resulting improvement in identified problem
behaviors and interactions. For the initial three-year period of
implementation of performance-based contracting, the department may
transfer financial risk for the provision of services to network
administrators only to the limited extent necessary to implement a
performance-based payment methodology, such as phased payment for
services. However, the department may develop a shared savings
methodology through which the network administrator will receive a
defined share of any savings that result from improved performance. If
the department receives a Title IV-E waiver, the shared savings
methodology must be consistent with the terms of the waiver. If a
shared savings methodology is adopted, the network administrator shall
reinvest the savings in enhanced services to better meet the needs of
the families and children they serve.
(10) The department must actively monitor network administrator
compliance with the terms of contracts executed under this section.
(11) The use of performance-based contracts under this section must
be done in a manner that does not adversely affect the state's ability
to continue to obtain federal funding for child welfare-related
functions currently performed by the state and with consideration of
options to further maximize federal funding opportunities and increase
flexibility in the use of such funds, including use for preventive and
in-home child welfare services.
NEW SECTION. Sec. 4 (1) For those services included in contracts
under section 3 of this act, the service providers must be chosen by
the department caseworker from among those in the network
administrator's provider network. The criteria for provider selection
must include the geographic proximity of the provider to the child or
family, and the performance of the provider based upon data collected
and provided by the network administrator. If a reasonably qualified
provider is not available through the network administrator's provider
network, at the request of a department caseworker, a provider who is
not currently under contract with the network administrator may be
offered a provisional contract by the network administrator, pending
that provider demonstrating that he or she meets applicable provider
qualifications to participate in the administrator's provider network.
(2) The department shall develop a dispute resolution process to be
used when the network administrator disagrees with the department
caseworker's choice of a service provider due to factors such as the
service provider's performance history or ability to serve culturally
diverse families. The mediator or decision maker must be a neutral
employee of the department who has not been previously involved in the
case. The dispute resolution process must not result in a delay of
more than two business days in the receipt of needed services by the
child or family.
(3) The department and network administrator shall collaborate to
identify and respond to patterns or trends in service utilization that
may indicate overutilization or underutilization of family support and
related services, or may indicate a need to enhance service capacity.
NEW SECTION. Sec. 5 (1) On an annual basis, beginning in the
2015-2017 biennium, the department and contracted network
administrators shall:
(a) Review and update the services offered through performance-based contracts in response to service outcome data for currently
contracted services and any research that has identified new evidence-based or research-based services not included in a previous
procurement; and
(b) Review, and make public, service utilization and outcome data
to determine whether changes are needed in procurement policies or
performance-based contracts to better meet the goals established in
section 1 of this act.
(2) In conducting the review under subsection (1) of this section,
the department must consult with department caseworkers, the exclusive
bargaining representative for employees of the department, tribal
representatives, parents who were formerly involved in the child
welfare system, youth currently or previously in foster care, child
welfare services researchers, representatives of child welfare service
providers, and the Washington state institute for public policy.
NEW SECTION. Sec. 6 (1) To achieve the service delivery
improvements and efficiencies intended in sections 1, 3, 4, and 7 of
this act and in RCW 74.13.370, and pursuant to RCW 41.06.142(3),
contracting with network administrators to provide services needed by
children and families in the child welfare system, pursuant to
sections 3 and 4 of this act, and execution and monitoring of
individual provider contracts, pursuant to section 3 of this act, are
expressly mandated by the legislature and are not subject to the
processes set forth in RCW 41.06.142 (1), (4), and (5).
(2) The express mandate in subsection (1) of this section is
limited to those services and activities provided in sections 3 and 4
of this act. If the department includes services customarily and
historically performed by department employees in the classified
service in a procurement for network administrators that exceeds the
scope of services or activities provided in sections 3 and 4 of this
act, such contracting is not specifically mandated and will be subject
to all applicable contractual and legal obligations.
NEW SECTION. Sec. 7 For the purposes of the provision of child
welfare services by provider networks, when all other elements of the
responses to any procurement under section 3 of this act are equal,
private nonprofit entities, federally recognized Indian tribes located
in this state, and state employees must receive primary preference over
private for-profit entities.
Sec. 8 RCW 74.13.360 and 2010 c 291 s 4 are each amended to read
as follows:
(1) ((No later than July 1, 2011, the department shall convert its
current contracts with providers of child welfare services into
performance-based contracts. In accomplishing this conversion, the
department shall decrease the total number of contracts it uses to
purchase child welfare services from providers. The conversion of
contracts for the provision of child welfare services to performance-based contracts must be done in a manner that does not adversely affect
the state's ability to continue to obtain federal funding for child
welfare related functions currently performed by the state and with
consideration of options to further maximize federal funding
opportunities and increase flexibility in the use of such funds,
including use for preventive and in-home child welfare services.)) No later than December 30, ((
(2)2012)) 2015:
(a) In the demonstration sites selected under RCW 74.13.368(4)(a),
child welfare services shall be provided by supervising agencies with
whom the department has entered into performance-based contracts.
Supervising agencies may enter into subcontracts with other licensed
agencies; and
(b) Except as provided in subsection (((4))) (3) of this section,
and notwithstanding any law to the contrary, the department may not
directly provide child welfare services to families and children
provided child welfare services by supervising agencies in the
demonstration sites selected under RCW 74.13.368(4)(a).
(((3))) (2) No later than December 30, ((2012)) 2015, for families
and children provided child welfare services by supervising agencies in
the demonstration sites selected under RCW 74.13.368(4)(a), the
department is responsible for only the following:
(a) Monitoring the quality of services for which the department
contracts under this chapter;
(b) Ensuring that the services are provided in accordance with
federal law and the laws of this state, including the Indian child
welfare act;
(c) Providing child protection functions and services, including
intake and investigation of allegations of child abuse or neglect,
emergency shelter care functions under RCW 13.34.050, and referrals to
appropriate providers; and
(d) Issuing licenses pursuant to chapter 74.15 RCW.
(((4))) (3) No later than December 30, ((2012)) 2015, for families
and children provided child welfare services by supervising agencies in
the demonstration sites selected under RCW 74.13.368(4)(a), the
department may provide child welfare services only:
(a) For the limited purpose of establishing a control or comparison
group as deemed necessary by the child welfare transformation design
committee, with input from the Washington state institute for public
policy, to implement the demonstration sites selected and defined
pursuant to RCW 74.13.368(4)(a) in which the performance in achieving
measurable outcomes will be compared and evaluated pursuant to RCW
74.13.370; or
(b) In an emergency or as a provider of last resort. The
department shall adopt rules describing the circumstances under which
the department may provide those services. For purposes of this
section, "provider of last resort" means the department is unable to
contract with a private agency to provide child welfare services in a
particular geographic area or, after entering into a contract with a
private agency, either the contractor or the department terminates the
contract.
(((5))) (4) For purposes of this chapter, on and after September 1,
2010, performance-based contracts shall be structured to hold the
supervising agencies accountable for achieving the following goals in
order of importance: Child safety; child permanency, including
reunification; and child well-being.
(((6))) (5) A federally recognized tribe located in this state may
enter into a performance-based contract with the department to provide
child welfare services to Indian children whether or not they reside on
a reservation. Nothing in this section prohibits a federally
recognized Indian tribe located in this state from providing child
welfare services to its members or other Indian children pursuant to
existing tribal law, regulation, or custom, or from directly entering
into agreements for the provision of such services with the department,
if the department continues to otherwise provide such services, or with
federal agencies.
Sec. 9 RCW 74.13.370 and 2009 c 520 s 9 are each amended to read
as follows:
(1) Based upon the recommendations of the child welfare
transformation design committee, including the two sets of outcomes
developed by the committee under RCW 74.13.368(4)(b), the Washington
state institute for public policy is to conduct a review of measurable
effects achieved by the supervising agencies and compare those
measurable effects with the existing services offered by the state.
The report on the measurable effects shall be provided to the governor
and the legislature no later than April 1, ((2015)) 2018.
(2) No later than ((June 30, 2011)) December 1, 2014, the
Washington state institute for public policy shall provide the
legislature and the governor an initial report on the department's
conversion to the use of performance-based contracts as provided in
((RCW 74.13.360(1))) sections 3 and 4 of this act. No later than June
30, ((2012)) 2016, the Washington state institute for public policy
shall provide the governor and the legislature with a second report on
the ((department's conversion of its contracts to performance-based
contracts)) extent to which the use of performance-based contracting
has resulted in:
(a) Increased use of evidence-based, research-based, and promising
practices; and
(b) Improvements in outcomes for children, including child safety,
child permanency, including reunification, and child well-being.
(3) The department and network administrators shall respond to the
Washington institute for public policy's request for data and other
information with which to complete these reports in a timely manner.
(4) The Washington state institute for public policy must consult
with a university-based child welfare research entity to evaluate
performance-based contracting.
Sec. 10 RCW 74.13.368 and 2010 c 291 s 2 are each amended to read
as follows:
(1)(a) The child welfare transformation design committee is
established, with members as provided in this subsection.
(i) The governor or the governor's designee;
(ii) Four private agencies that, as of May 18, 2009, provide child
welfare services to children and families referred to them by the
department. Two agencies must be headquartered in western Washington
and two must be headquartered in eastern Washington. Two agencies must
have an annual budget of at least one million state-contracted dollars
and two must have an annual budget of less than one million state-contracted dollars;
(iii) The assistant secretary of the children's administration in
the department;
(iv) Two regional administrators in the children's administration
selected by the assistant secretary, one from one of the department's
administrative regions one or two, and one from one of the department's
administrative regions three, four, five, or six;
(v) The administrator for the division of licensed resources in the
children's administration;
(vi) Two nationally recognized experts in performance-based
contracts;
(vii) The attorney general or the attorney general's designee;
(viii) A representative of the collective bargaining unit that
represents the largest number of employees in the children's
administration;
(ix) A representative from the office of the family and children's
ombudsman;
(x) Four representatives from the Indian policy advisory committee
convened by the department's office of Indian policy and support
services;
(xi) Two currently elected or former superior court judges with
significant experience in dependency matters, selected by the superior
court judges' association;
(xii) One representative from partners for our children affiliated
with the University of Washington school of social work;
(xiii) A member of the Washington state racial disproportionality
advisory committee;
(xiv) A foster parent;
(xv) A youth currently in or a recent alumnus of the Washington
state foster care system, to be designated by the cochairs of the
committee; and
(xvi) A parent representative who has had personal experience with
the dependency system.
(b) The president of the senate and the speaker of the house of
representatives shall jointly appoint the members under (a)(ii), (xiv),
and (xvi) of this subsection.
(c) The representative from partners for our children shall convene
the initial meeting of the committee no later than June 15, 2009.
(d) The cochairs of the committee shall be the assistant secretary
for the children's administration and another member selected by a
majority vote of those members present at the initial meeting.
(2) The committee shall establish a transition plan containing
recommendations to the legislature and the governor consistent with
this section for the provision of child welfare services by supervising
agencies pursuant to RCW 74.13.360.
(3) The plan shall include the following:
(a) A model or framework for performance-based contracts to be used
by the department that clearly defines:
(i) The target population;
(ii) The referral and exit criteria for the services;
(iii) The child welfare services including the use of evidence-based services and practices to be provided by contractors;
(iv) The roles and responsibilities of public and private agency
workers in key case decisions;
(v) Contract performance and outcomes, including those related to
eliminating racial disparities in child outcomes;
(vi) That supervising agencies will provide culturally competent
service;
(vii) How to measure whether each contractor has met the goals
listed in RCW 74.13.360(((5))) (4); and
(viii) Incentives to meet performance outcomes;
(b) A method by which the department will substantially reduce its
current number of contracts for child welfare services;
(c) A method or methods by which clients will access community-based services, how private supervising agencies will engage other
services or form local service networks, develop subcontracts, and
share information and supervision of children;
(d) Methods to address the effects of racial disproportionality, as
identified in the 2008 Racial Disproportionality Advisory Committee
Report published by the Washington state institute for public policy in
June 2008;
(e) Methods for inclusion of the principles and requirements of the
centennial accord executed in November 2001, executed between the state
of Washington and federally recognized tribes in Washington state;
(f) Methods for assuring performance-based contracts adhere to the
letter and intent of the federal Indian child welfare act;
(g) Contract monitoring and evaluation procedures that will ensure
that children and families are receiving timely and quality services
and that contract terms are being implemented;
(h) A method or methods by which to ensure that the children's
administration has sufficiently trained and experienced staff to
monitor and manage performance-based contracts;
(i) A process by which to expand the capacity of supervising and
other private agencies to meet the service needs of children and
families in a performance-based contractual arrangement;
(j) A method or methods by which supervising and other private
agencies can expand services in underserved areas of the state;
(k) The appropriate amounts and procedures for the reimbursement of
supervising agencies given the proposed services restructuring;
(l) A method by which to access and enhance existing data systems
to include contract performance information;
(m) A financing arrangement for the contracts that examines:
(i) The use of case rates or performance-based fee-for-service
contracts that include incentive payments or payment schedules that
link reimbursement to outcomes; and
(ii) Ways to reduce a contractor's financial risk that could
jeopardize the solvency of the contractor, including consideration of
the use of a risk-reward corridor that limits risk of loss and
potential profits or the establishment of a statewide risk pool;
(n) A description of how the transition will impact the state's
ability to obtain federal funding and examine options to further
maximize federal funding opportunities and increased flexibility;
(o) A review of whether current administrative staffing levels in
the regions should be continued when the majority of child welfare
services are being provided by supervising agencies;
(p) A description of the costs of the transition, the initial
start-up costs and the mechanisms to periodically assess the overall
adequacy of funds and the fiscal impact of the changes, and the
feasibility of the plan and the impact of the plan on department
employees during the transition; and
(q) Identification of any statutory and regulatory revisions
necessary to accomplish the transition.
(4)(a) The committee, with the assistance of the department, shall
select two demonstration sites within which to implement chapter 520,
Laws of 2009. One site must be located on the eastern side of the
state. The other site must be located on the western side of the
state. Neither site must be wholly located in any of the department's
administrative regions.
(b) The committee shall develop two sets of performance outcomes to
be included in the performance-based contracts the department enters
into with supervising agencies. The first set of outcomes shall be
used for those cases transferred to a supervising agency over time.
The second set of outcomes shall be used for new entrants to the child
welfare system.
(c) The committee shall also identify methods for ensuring that
comparison of performance between supervising agencies and the existing
service delivery system takes into account the variation in the
characteristics of the populations being served as well as historical
trends in outcomes for those populations.
(5) The committee shall determine the appropriate size of the child
and family populations to be provided services under performance-based
contracts with supervising agencies. The committee shall also identify
the time frame within which cases will be transferred to supervising
agencies. The performance-based contracts entered into with
supervising agencies shall encompass the provision of child welfare
services to enough children and families in each demonstration site to
allow for the assessment of whether there are meaningful differences,
to be defined by the committee, between the outcomes achieved in the
demonstration sites and the comparison sites or populations. To ensure
adequate statistical power to assess these differences, the populations
served shall be large enough to provide a probability greater than
seventy percent that meaningful difference will be detected and a
ninety-five percent probability that observed differences are not due
to chance alone.
(6) The committee shall also prepare as part of the plan a
recommendation as to how to implement chapter 520, Laws of 2009 so that
full implementation of chapter 520, Laws of 2009 is achieved no later
than December 30, ((2012)) 2015.
(7) The committee shall prepare the plan to manage the delivery of
child welfare services in a manner that achieves coordination of the
services and programs that deliver primary prevention services.
(8) Beginning June 30, 2009, the committee shall report quarterly
to the governor and the legislative children's oversight committee
established in RCW 44.04.220. From June 30, 2012, until ((January 1))
December 30, 2015, the committee need only report twice a year. The
committee shall report on its progress in meeting its duties under
subsections (2) and (3) of this section and on any other matters the
committee or the legislative children's oversight committee or the
governor deems appropriate. The portion of the plan required in
subsection (6) of this section shall be due to the legislative
children's oversight committee on or before June 1, 2010. The reports
shall be in written form.
(9) The committee, by majority vote, may establish advisory
committees as it deems necessary.
(10) All state executive branch agencies and the agencies with whom
the department contracts for child welfare services shall cooperate
with the committee and provide timely information as the chair or
cochairs may request. Cooperation by the children's administration
must include developing and scheduling training for supervising
agencies to access data and information necessary to implement and
monitor the contracts.
(11) It is expected that the administrative costs for the committee
will be supported through private funds.
(12) Staff support for the committee shall be provided jointly by
partners for our children and legislative staff.
(13) The committee is subject to chapters 42.30 (open public
meetings act) and 42.52 (ethics in public service) RCW.
(14) This section expires July 1, ((2015)) 2016.
Sec. 11 RCW 74.13.372 and 2009 c 520 s 10 are each amended to
read as follows:
Not later than June 1, ((2015)) 2018, the governor shall, based on
the report by the Washington state institute for public policy,
determine whether to expand chapter 520, Laws of 2009 to the remainder
of the state or terminate chapter 520, Laws of 2009. The governor
shall inform the legislature of his or her decision within seven days
of the decision. The department shall, regardless of the decision of
the governor regarding the delivery of child welfare services, continue
to purchase services through the use of performance-based contracts.
Sec. 12 RCW 74.13.020 and 2011 c 330 s 4 are each reenacted and
amended to read as follows:
For purposes of this chapter:
(1) "Case management" means the management of services delivered to
children and families in the child welfare system, including permanency
services, caseworker-child visits, family visits, the convening of
family group conferences, the development and revision of the case
plan, the coordination and monitoring of services needed by the child
and family, and the assumption of court-related duties, excluding legal
representation, including preparing court reports, attending judicial
hearings and permanency hearings, and ensuring that the child is
progressing toward permanency within state and federal mandates,
including the Indian child welfare act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to
receive the extended foster care services authorized under RCW
74.13.031.
(3) "Child protective services" has the same meaning as in RCW
26.44.020.
(4) "Child welfare services" means social services including
voluntary and in-home services, out-of-home care, case management, and
adoption services which strengthen, supplement, or substitute for,
parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of
problems which may result in families in conflict, or the neglect,
abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected
children;
(c) Assisting children who are in conflict with their parents, and
assisting parents who are in conflict with their children, with
services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the
strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in
foster family homes or day care or other child care agencies or
facilities.
"Child welfare services" does not include child protection
services.
(5) "Committee" means the child welfare transformation design
committee.
(6) "Department" means the department of social and health
services.
(7) "Extended foster care services" means residential and other
support services the department is authorized to provide to foster
children. These services include, but are not limited to, placement in
licensed, relative, or otherwise approved care, or supervised
independent living settings; assistance in meeting basic needs;
independent living services; medical assistance; and counseling or
treatment.
(8) "Measurable effects" means a statistically significant change
which occurs as a result of the service or services a supervising
agency is assigned in a performance-based contract, in time periods
established in the contract.
(9) "Out-of-home care services" means services provided after the
shelter care hearing to or for children in out-of-home care, as that
term is defined in RCW 13.34.030, and their families, including the
recruitment, training, and management of foster parents, the
recruitment of adoptive families, and the facilitation of the adoption
process, family reunification, independent living, emergency shelter,
residential group care, and foster care, including relative placement.
(10) "Performance-based contracting" means the structuring of all
aspects of the procurement of services around the purpose of the work
to be performed and the desired results with the contract requirements
set forth in clear, specific, and objective terms with measurable
outcomes. Contracts shall also include provisions that link the
performance of the contractor to the level and timing of reimbursement.
(11) "Permanency services" means long-term services provided to
secure a child's safety, permanency, and well-being, including foster
care services, family reunification services, adoption services, and
preparation for independent living services.
(12) "Primary prevention services" means services which are
designed and delivered for the primary purpose of enhancing child and
family well-being and are shown, by analysis of outcomes, to reduce the
risk to the likelihood of the initial need for child welfare services.
(13) "Supervising agency" means an agency licensed by the state
under RCW 74.15.090, or licensed by a federally recognized Indian tribe
located in this state under RCW 74.15.190, that has entered into a
performance-based contract with the department to provide case
management for the delivery and documentation of child welfare
services, as defined in this section. This definition is applicable on
or after December 1, 2015.
NEW SECTION. Sec. 13 Sections 1 through 7 of this act constitute
a new chapter in Title
E2SHB 2264 -
By Senators Hargrove, Stevens
ADOPTED 03/01/2012
On page 1, line 2 of the title, after "system;" strike the remainder of the title and insert "amending RCW 74.13.360, 74.13.370, 74.13.368, and 74.13.372; reenacting and amending RCW 74.13.020; adding a new chapter to Title 74 RCW; and providing an expiration date."