BILL REQ. #:  H-2872.1 

Read first time 05/22/11.   Referred to Committee on Ways & Means.

     AN ACT Relating to clarifying the intent of chapter 520, Laws of 2009, and chapter 291, Laws of 2010, by making retroactive and technical amendments with respect to child welfare services; amending RCW 74.13.362 and 74.13.360; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The purpose of this act is to make retroactive and technical amendments to clarify the intent of chapter 520, Laws of 2009, and chapter 291, Laws of 2010, and to resolve any ambiguity existing in those laws prior to this act.
     In enacting chapter 520, Laws of 2009, and chapter 291, Laws of 2010, the legislature intended to change how the department of social and health services administers and manages child welfare services. To further these changes, the legislature:
     (1) Specifically mandated the end dates by which the department is to make these changes, but otherwise did not intend to limit the department's discretion; and
     (2) Expressly mandated that: (a) The department contract, by July 1, 2011, for service coordination and other services, and by December 30, 2012, for all services under RCW 74.13.360 and 74.13.372; and (b) such contracts for services under (a) of this subsection, including services in the Request for Proposals identified in RCW 74.13.362, that are historically and customarily performed by classified employees, not be subject to the processes set forth in RCW 41.06.142 (1), (4), and (5).
     The legislature intends that through contracts for service coordination and other services under RCW 74.13.360 or 74.13.372, and through the services to be contracted for in the Request for Proposals identified in RCW 74.13.362, the department will be better able to achieve required outcomes in child safety, child permanency, including reunification, and child well-being.

Sec. 2   RCW 74.13.362 and 2009 c 520 s 4 are each amended to read as follows:
     Pursuant to RCW 41.06.142(3), ((performance-based)) contracting for services under RCW 74.13.360 or 74.13.372, and for services to be contracted for under these statutes in the Request for Proposals (No. 1113-386) issued by the department on February 18, 2011, is expressly mandated by the legislature and is not subject to the processes set forth in RCW 41.06.142 (1), (4), and (5).
     ((A continuation or expansion of delivery of child welfare services under the provisions of RCW 74.13.372 shall be considered expressly mandated by the legislature and not subject to the provisions of RCW 41.06.142 (1), (4), and (5).))

Sec. 3   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)) not renew its current contracts with providers of child welfare services and shall enter into performance-based contracts with a substantially decreased number of entities for the provision of child welfare services. ((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)) change to performance-based 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.
     (2) No later than December 30, 2012:
     (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) 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) No later than December 30, 2012, 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) No later than December 30, 2012, 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) 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) 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.

NEW SECTION.  Sec. 4   This act applies prospectively and retroactively to cover all actions undertaken by the department of social and health services to implement chapter 520, Laws of 2009, and chapter 291, Laws of 2010.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.