BILL REQ. #:  H-1841.2 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to public and private partnership in addressing adverse childhood experiences; amending RCW 13.40.462, 43.121.100, 43.215.146, 43.215.147, 43.70.555, 74.14A.060, and 74.14C.050; adding a new chapter to Title 70 RCW; repealing RCW 43.121.010, 43.121.015, 43.121.020, 43.121.030, 43.121.040, 43.121.050, 43.121.060, 43.121.070, 43.121.080, 43.121.110, 43.121.120, 43.121.130, 43.121.140, 43.121.150, 43.121.160, 43.121.910, 70.190.005, 70.190.010, 70.190.020, 70.190.040, 70.190.100, 70.190.110, 70.190.120, 70.190.130, 70.190.150, and 70.190.920; and providing effective dates.

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

NEW SECTION.  Sec. 1   The legislature finds that adverse childhood experiences are a powerful common determinate of a child's ability as an adult to be safe, successful at school, successful at work, and to avoid behavioral and chronic physical health conditions. The purpose of this chapter is, through a new or existing public-private partnership and in collaboration with community leadership, to identify the primary causes of adverse childhood experiences in communities and to mobilize broad public and private support to prevent harm to young children. A reduction in adverse childhood experiences is sought through a focused effort to identify and utilize evidence-based and research-based approaches and practices for prevention and intervention for children who are at risk of adverse experiences in early childhood.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of social and health services.
     (2) "Evidence-based" has the same meaning as in RCW 43.215.146.
     (3) "Research-based" has the same meaning as in RCW 43.215.146.
     (4) "Secretary" means the secretary of social and health services.

NEW SECTION.  Sec. 3   (1) The nongovernmental private-public partnership described in section 1 of this act shall focus on preventing and reducing the prevalence of adverse childhood experiences and their enduring effects. The private-public partnership shall support the interests of selected community-based organizations around this common goal. It is recognized that many community networks across the state have knowledge and expertise regarding reduction of adverse childhood experiences and will provide leadership on this initiative in their communities. In addition, a broad range of community coalitions involved with early learning and other early childhood initiatives have coalesced in many communities. The intent of the private-public partnership is to coordinate and assemble the strongest components of these networks and coalitions to respond to the initiative of reducing and preventing adverse childhood experiences while providing the flexibility for communities to devise their own strategies and approaches to achieve prevention and reduction.
     (2) The private-public partnership shall establish criteria for distributing funds to community organizations based upon research and data with demonstrated effectiveness in preventing and reducing adverse childhood experiences. When establishing criteria to distribute funds, the private-public partnership shall give great weight to community health and safety networks that have a history of providing training and services related to adverse childhood experiences. The method for distributing funds must be based upon data indicating areas of need and the use of evidence-based and research-based strategies to address those needs.
     (3) In addition to other powers granted to the secretary, the secretary may:
     (a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
     (b) Provide funding to the private-public partnerships; and
     (c) Accept gifts, grants, or other funds for the purposes of this chapter.

Sec. 4   RCW 13.40.462 and 2006 c 304 s 2 are each amended to read as follows:
     (1) The department of social and health services juvenile rehabilitation administration shall establish a reinvesting in youth program that awards grants to counties for implementing research-based early intervention services that target juvenile justice-involved youth and reduce crime, subject to the availability of amounts appropriated for this specific purpose.
     (2) Effective July 1, 2007, any county or group of counties may apply for participation in the reinvesting in youth program.
     (3) Counties that participate in the reinvesting in youth program shall have a portion of their costs of serving youth through the research-based intervention service models paid for with moneys from the reinvesting in youth account established pursuant to RCW 13.40.466.
     (4) The department of social and health services juvenile rehabilitation administration shall review county applications for funding through the reinvesting in youth program and shall select the counties that will be awarded grants with funds appropriated to implement this program. The department, in consultation with the Washington state institute for public policy, shall develop guidelines to determine which counties will be awarded funding in accordance with the reinvesting in youth program. At a minimum, counties must meet the following criteria in order to participate in the reinvesting in youth program:
     (a) Counties must match state moneys awarded for research-based early intervention services with nonstate resources that are at least proportional to the expected local government share of state and local government cost avoidance that would result from the implementation of such services;
     (b) Counties must demonstrate that state funds allocated pursuant to this section are used only for the intervention service models authorized pursuant to RCW 13.40.464;
     (c) Counties must participate fully in the state quality assurance program established in RCW 13.40.468 to ensure fidelity of program implementation. If no state quality assurance program is in effect for a particular selected research-based service, the county must submit a quality assurance plan for state approval with its grant application. Failure to demonstrate continuing compliance with quality assurance plans shall be grounds for termination of state funding; and
     (d) Counties that submit joint applications must submit for approval by the department of social and health services juvenile rehabilitation administration multicounty plans for efficient program delivery.
     (((5) The department of social and health services juvenile rehabilitation administration shall convene a technical advisory committee comprised of representatives from the house of representatives, the senate, the governor's office of financial management, the department of social and health services juvenile rehabilitation administration, the family policy council, the juvenile court administrator's association, and the Washington association of counties to assist in the implementation of chapter 304, Laws of 2006.))

Sec. 5   RCW 43.121.100 and 2005 c 53 s 4 are each amended to read as follows:
     ((The council may accept)) Contributions, grants, or gifts in cash or otherwise, including funds generated by the sale of "heirloom" birth certificates under chapter 70.58 RCW from persons, associations, or corporations and funds generated through the issuance of the "Keep Kids Safe" license plate under chapter ((46.16)) 46.18 RCW((. All moneys received by the council or any employee thereof from contributions, grants, or gifts)) and not funds through appropriation by the legislature shall be deposited in a depository approved by the state treasurer to be known as the children's trust fund. Disbursements of such funds shall be on the authorization of the ((council or a duly authorized representative thereof and only for the purposes stated in RCW 43.121.050)) director of the department of early learning. In order to maintain an effective expenditure and revenue control, such funds shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditure of such funds.

Sec. 6   RCW 43.215.146 and 2007 c 466 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this section and RCW ((43.121.170 through)) 43.215.145, 43.215.147, and 43.121.185 unless the context clearly requires otherwise.
     (1) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
     (2) "Home visitation" means providing services in the permanent or temporary residence, or in other familiar surroundings, of the family receiving such services.
     (3) "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.

Sec. 7   RCW 43.215.147 and 2008 c 152 s 6 are each amended to read as follows:
     (1) Within available funds, the ((council for children and families)) department shall fund evidence-based and research-based home visitation programs for improving parenting skills and outcomes for children. Home visitation programs must be voluntary and must address the needs of families to alleviate the effect on child development of factors such as poverty, single parenthood, parental unemployment or underemployment, parental disability, or parental lack of high school diploma, which research shows are risk factors for child abuse and neglect and poor educational outcomes.
     (2) The ((council for children and families shall develop a plan)) department shall work with the department of social and health services, the department of health((, the department of early learning, and the family policy council)), the private-public partnership created in RCW 43.215.070, and key partners and stakeholders to develop a plan to coordinate or consolidate home visitation services for children and families ((and report to the appropriate committees of the legislature by December 1, 2007, with their recommendations for implementation of the plan)) to the extent practicable.

Sec. 8   RCW 43.70.555 and 1998 c 245 s 77 are each amended to read as follows:
     The department((, in consultation with the family policy council created in chapter 70.190 RCW,)) shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. The standards shall be based on the standards set forth in the public health services improvement plan as required by RCW 43.70.550.

Sec. 9   RCW 74.14A.060 and 2000 c 219 s 2 are each amended to read as follows:
     The secretary of the department of social and health services shall charge appropriated funds to support blended funding projects for youth subject to any current or future waiver the department receives to the requirements of IV-E funding. To be eligible for blended funding a child must be eligible for services designed to address a behavioral, mental, emotional, or substance abuse issue from the department of social and health services and require services from more than one categorical service delivery system. Before any blended funding project is established by the secretary, any entity or person proposing the project shall seek input from the public health and safety network or networks established in the catchment area of the project. The network or networks shall submit recommendations on the blended funding project to the ((family policy council)) private-public partnership described in section 1 of this act. The ((family policy council)) private-public partnership shall advise the secretary whether to approve the proposed blended funding project. The network shall review the proposed blended funding project pursuant to its authority to examine the decategorization of program funds under RCW 70.190.110, within the current appropriation level. The department shall document the number of children who participate in blended funding projects, the total blended funding amounts per child, the amount charged to each appropriation by program, and services provided to each child through each blended funding project and report this information to the appropriate committees of the legislature by December 1st of each year, beginning in December 1, 2000.

Sec. 10   RCW 74.14C.050 and 1995 c 311 s 9 are each amended to read as follows:
     By December 1, 1995, the department, with the assistance of ((the family policy council,)) two urban and two rural public health and safety networks to be chosen by the ((family policy council,)) secretary and two private, nonprofit agencies with expertise and experience in preservation services, shall submit to the legislature an implementation and evaluation plan that identifies:
     (1) A valid and reliable process that can be used by caseworkers for accurately identifying clients who are eligible for intensive family preservation services and family preservation services. The plan shall recognize the due process rights of families that receive preservation services and recognize that family preservation services are not intended to be investigative for purposes of chapter 13.34 RCW;
     (2) Necessary data by which program success will be measured, projections of service needs, budget requests, and long-range planning;
     (3) Regional and statewide projections of service needs;
     (4) A cost estimate for statewide implementation and expansion of preservation services on a phased-in basis beginning no later than July 1, 1996;
     (5) A plan and time frame for phased-in implementation of preservation services on a statewide basis to be accomplished as soon as possible but no later than July 1, 1997;
     (6) Data regarding the number of children in foster care, group care, institutional placements, and other out-of-home placements due to medical needs, mental health needs, developmental disabilities, and juvenile offenses, and an assessment of the feasibility of providing preservation services to include all of these children;
     (7) Standards and outcome measures for the department when the department provides preservation services directly; and
     (8) A process to assess outcome measures identified in RCW 74.14C.030 for contractors providing preservation services.

NEW SECTION.  Sec. 11   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2012:
     (1) RCW 43.121.010 (Legislative declaration, intent) and 1982 c 4 s 1;
     (2) RCW 43.121.015 (Definitions) and 2008 c 152 s 8, 1988 c 278 s 4, & 1987 c 351 s 2;
     (3) RCW 43.121.020 (Council established -- Members, chairperson--Appointment, qualifications, terms, vacancies) and 2008 c 152 s 7, 2007 c 144 s 1, 1996 c 10 s 1, 1994 c 48 s 1, 1989 c 304 s 4, 1987 c 351 s 3, 1984 c 261 s 1, & 1982 c 4 s 2;
     (4) RCW 43.121.030 (Compensation and travel expenses of members) and 1984 c 287 s 87 & 1982 c 4 s 3;
     (5) RCW 43.121.040 (Executive director, salary -- Staff) and 1982 c 4 s 4;
     (6) RCW 43.121.050 (Council powers and duties -- Generally -- Rules) and 1988 c 278 s 5, 1987 c 351 s 4, & 1982 c 4 s 5;
     (7) RCW 43.121.060 (Contracts for services -- Scope of programs--Funding) and 1982 c 4 s 6;
     (8) RCW 43.121.070 (Contracts for services -- Factors in awarding) and 1982 c 4 s 7;
     (9) RCW 43.121.080 (Contracts for services -- Partial funding by administering organization, what constitutes) and 1982 c 4 s 8;
     (10) RCW 43.121.110 (Parenting skills -- Legislative findings) and 1988 c 278 s 1;
     (11) RCW 43.121.120 (Community-based early parenting skills programs -- Funding) and 1988 c 278 s 2;
     (12) RCW 43.121.130 (Decreased state funding of parenting skills programs -- Evaluation) and 1998 c 245 s 48 & 1988 c 278 s 3;
     (13) RCW 43.121.140 (Shaken baby syndrome -- Outreach campaign) and 1993 c 107 s 2;
     (14) RCW 43.121.150 (Juvenile crime--Legislative findings) and 1997 c 338 s 56;
     (15) RCW 43.121.160 (Postpartum depression--Public information and communication outreach campaign) and 2005 c 347 s 2; and
     (16) RCW 43.121.910 (Severability -- 1982 c 4) and 1982 c 4 s 15.

NEW SECTION.  Sec. 12   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2012:
     (1) RCW 70.190.005 (Purpose) and 1994 sp.s. c 7 s 301 & 1992 c 198 s 1;
     (2) RCW 70.190.010 (Definitions) and 2009 c 565 s 52, 2009 c 479 s 58, 1996 c 132 s 2, 1995 c 399 s 200, & 1992 c 198 s 3;
     (3) RCW 70.190.020 (Consolidate efforts of existing entities) and 1994 sp.s. c 7 s 315 & 1992 c 198 s 4;
     (4) RCW 70.190.040 (Finding -- Grants to improve readiness to learn) and 1993 c 336 s 901;
     (5) RCW 70.190.100 (Duties of council) and 2009 c 479 s 59, 1998 c 245 s 123, & 1994 sp.s. c 7 s 307;
     (6) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994 sp.s. c 7 s 308;
     (7) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s 309;
     (8) RCW 70.190.130 (Comprehensive plan -- Approval process -- Network expenditures -- Penalty for noncompliance with chapter) and 1998 c 314 s 13, 1996 c 132 s 8, & 1994 sp.s. c 7 s 310;
     (9) RCW 70.190.150 (Federal restrictions on funds transfers, waivers) and 1994 sp.s. c 7 s 312; and
     (10) RCW 70.190.920 (Effective date -- 1992 c 198) and 1992 c 198 s 21.

NEW SECTION.  Sec. 13   After December 31, 2012, the lead agency for the children's trust fund, as established in RCW 43.121.100, and the community-based child abuse and prevention fund is the department of early learning.

NEW SECTION.  Sec. 14   Sections 1 through 3 and 13 of this act constitute a new chapter in Title 70 RCW.