BILL REQ. #:  H-3701.1 

Read first time 01/18/12.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to extended foster care services; amending RCW 74.13.680 and 13.34.267; and creating a new section.

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

NEW SECTION.  Sec. 1   Since 2006, under a program known as "foster care to 21," the Washington state legislature has provided services to young adults transitioning out of foster care in order for them to enroll in and complete their postsecondary educations. In 2008, the United States congress passed the fostering connections to success and increasing adoptions act of 2008, which allows states to receive a federal match for state dollars expended in supporting youth transitioning out of foster care. In 2011, the Washington state legislature opted to create the "extended foster care program," in order to receive the federal match for youth completing high school. It is the intent of this act to enable the state to receive the federal match to offset costs expended on supporting youth seeking postsecondary education. This act would result in these youth being served under the extended foster care program, for which there is a federal match, instead of the foster care to 21 program, which relies solely on state dollars. It is the intent of the legislature to allow all youth currently enrolled in the foster care to 21 program for the purposes of postsecondary education to remain enrolled until they turn twenty-one, are no longer otherwise eligible, or choose to leave the program. Within three years of the effective date of this act, the "foster care to 21" program will cease to operate, and youth seeking a postsecondary education will be solely served by the extended foster care program.

Sec. 2   RCW 74.13.680 and 2011 c 330 s 8 are each amended to read as follows:
     (1) Within amounts appropriated for this specific purpose, the department shall have authority to provide continued foster care or group care to youth ages eighteen to twenty-one years, which was created in 2006 as the foster care to 21 program, who are enrolled in the program prior to the effective date of this section:
     (a) Enrolled in a secondary education program or a secondary education equivalency program;
     (b) Enrolled and participating in a postsecondary or vocational educational program;
     (c) Participating in a program or activity designed to promote or remove barriers to employment;
     (d) Engaged in employment for eighty hours or more per month; or
     (e) Incapable of engaging in any of the activities described in (a) through (d) of this subsection due to a medical condition that is supported by regularly updated information.
     (2) A youth who remains eligible for placement services or benefits under this section pursuant to department rules may, within amounts appropriated for this specific purpose, continue to receive placement services and benefits until the youth reaches his or her twenty-first birthday.
     (3) The foster care to 21 program shall cease to operate within three years of the effective date of this section.

Sec. 3   RCW 13.34.267 and 2011 c 330 s 7 are each amended to read as follows:
     (1) In order to facilitate the delivery of extended foster care services, the court shall postpone for six months the dismissal of a dependency proceeding for any child who is a dependent child in foster care at the age of eighteen years and who, at the time of his or her eighteenth birthday, is enrolled in a secondary education program or a secondary education equivalency program, or is enrolled in a postsecondary or vocational education program. The six-month postponement under this subsection is intended to allow a reasonable window of opportunity for an eligible youth who reaches the age of eighteen to request extended foster care services from the department or supervising agency. At the end of the six-month period, the court shall dismiss the dependency if the youth has not requested extended foster care services from the department. Until the youth requests to participate in the extended foster care program, the department is relieved of supervisory responsibility for the youth.
     (2) A youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian shall be dismissed from the dependency proceeding when the youth reaches the age of eighteen years.
     (3) The court shall order a youth participating in extended foster care services to be under the placement and care authority of the department, subject to the youth's continuing agreement to participate in extended foster care services.
     (4) The court shall appoint counsel to represent a youth, as defined in RCW 13.34.030(2)(b), in dependency proceedings under this section.
     (5) The case plan for and delivery of services to a youth receiving extended foster care services is subject to the review requirements set forth in RCW 13.34.138 and 13.34.145, and should be applied in a developmentally appropriate manner, as they relate to youth age eighteen to twenty-one years. Additionally, the court shall consider:
     (a) Whether the youth is safe in his or her placement;
     (b) Whether the youth continues to be eligible for extended foster care services;
     (c) Whether the current placement is developmentally appropriate for the youth;
     (d) The youth's development of independent living skills; and
     (e) The youth's overall progress toward transitioning to full independence and the projected date for achieving such transition.
     (6) Prior to the hearing, the youth's attorney shall indicate whether there are any contested issues and may provide additional information necessary for the court's review.
     (7) Upon the request of the youth, or when the youth is no longer eligible to receive extended foster care services according to rules adopted by the department, the court shall dismiss the dependency.