State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 04/01/11.
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 70.190.040; adding a new section to chapter 28A.300 RCW; adding a new chapter to Title 70 RCW; creating a new section; recodifying RCW 70.190.040; 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, 43.121.185, 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, 70.190.920, and 74.14C.050; 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 determinant of a child's ability to
be successful at school and, as an adult, to be successful at work, to
avoid behavioral and chronic physical health conditions, and to build
healthy relationships. The purpose of this chapter is, through a new
or existing public-private partnership and in collaboration with
community leadership, including the council for children and families
and the family policy council, 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 to prevent adverse experiences in early
childhood and reduce the accumulated harm of adverse experiences
throughout childhood.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Community public health and safety networks" or "networks"
means the organizations authorized under RCW 70.190.060.
(2) "Department" means the department of social and health
services.
(3) "Evidence-based" has the same meaning as in RCW 43.215.146.
(4) "Research-based" has the same meaning as in RCW 43.215.146.
(5) "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 public health
and safety 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 consideration to community
public 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 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 beginning
July 1, 2012. 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. In order to maximize
opportunities to obtain matching funds from private entities, general
funds intended to support home visiting funding shall be appropriated
to the home visiting services account established in RCW 43.215.130.
(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.
NEW SECTION. Sec. 9 Beginning July 1, 2011, the council for
children and families and the department of early learning shall
develop a plan for transitioning the work of the council for children
and families, such as the public awareness campaign, to the department
of early learning. The executive director of the council for children
and families and the director of the department of early learning shall
assure that only those duties that are primarily related to children's
early learning shall transition to the department of early learning.
The council for children and families and the department of early
learning shall, as appropriate, participate in the development of the
private-public partnership in order to streamline efforts around the
prevention of child abuse and neglect and avoid duplication of effort.
Sec. 10 RCW 74.14A.060 and 2000 c 219 s 2 are each amended to
read as follows:
Within available funds, 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. 11 RCW 70.190.040 and 1993 c 336 s 901 are each amended to
read as follows:
(1) The legislature finds that helping children to arrive at school
ready to learn is an important part of improving student learning.
(2) To the extent funds are appropriated, the ((family policy
council)) superintendent of public instruction shall award grants to
community-based consortiums that submit comprehensive plans that
include strategies to improve readiness to learn.
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 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;
(16) RCW 43.121.185 (Children's trust of Washington renamed) and
2008 c 152 s 5 & 2007 c 466 s 4; and
(17) RCW 43.121.910 (Severability -- 1982 c 4) and 1982 c 4 s 15.
NEW SECTION. Sec. 13 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. 14 RCW 74.14C.050 (Implementation and
evaluation plan) and 1995 c 311 s 9 & 1992 c 214 s 6 are each repealed.
NEW SECTION. Sec. 15 RCW 70.190.040 is recodified as a section
in chapter 28A.300 RCW.
NEW SECTION. Sec. 16 After June 30, 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. 17 Sections 1 through 3 and 16 of this act
constitute a new chapter in Title