Passed by the House May 23, 2011 Yeas 74   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate May 22, 2011 Yeas 34   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1965 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved June 15, 2011, 2:52 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | June 15, 2011 Secretary of State State of Washington |
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, 70.190.100, 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 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 and reduce the accumulated harm of adverse experiences
throughout childhood. A focused effort is needed to: (1) Identify and
promote the use of innovative strategies based on evidence-based and
research-based approaches and practices; and (2) align public and
private policies and funding with approaches and strategies which have
demonstrated effectiveness.
The legislature recognizes that many community public health and
safety networks across the state have knowledge and expertise regarding
the reduction of adverse childhood experiences and can provide
leadership on this initiative in their communities. In addition, a
broad range of community coalitions involved with early learning, child
abuse prevention, and community mobilization have coalesced in many
communities. The adverse childhood experiences initiative should
coordinate and assemble the strongest components of these networks and
coalitions to effectively respond to the challenge of reducing and
preventing adverse childhood experiences while providing flexibility
for communities to design responses that are appropriate for their
community.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Adverse childhood experiences" means the following indicators
of severe childhood stressors and family dysfunction that, when
experienced in the first eighteen years of life and taken together, are
proven by public health research to be powerful determinants of
physical, mental, social, and behavioral health across the lifespan:
Child physical abuse; child sexual abuse; child emotional abuse; child
emotional or physical neglect; alcohol or other substance abuse in the
home; mental illness, depression, or suicidal behaviors in the home;
incarceration of a family member; witnessing intimate partner violence;
and parental divorce or separation. Adverse childhood experiences have
been demonstrated to affect the development of the brain and other
major body systems.
(2) "Community public health and safety networks" or "networks"
means the organizations authorized under RCW 70.190.060.
(3) "Department" means the department of social and health
services.
(4) "Director" means the director of the department of early
learning.
(5) "Evidence-based" has the same meaning as in RCW 43.215.146.
(6) "Research-based" has the same meaning as in RCW 43.215.146.
(7) "Secretary" means the secretary of social and health services.
NEW SECTION. Sec. 3 (1)(a) The secretary of the department of
social and health services and the director of the department of early
learning shall actively participate in the development of a
nongovernmental private-public initiative focused on coordinating
government and philanthropic organizations' investments in the positive
development of children and preventing and mitigating the effects of
adverse childhood experiences. The secretary and director shall
convene a planning group to work with interested private partners to:
(i) Develop a process by which the goals identified in section 1 of
this act shall be met; and (ii) develop recommendations for inclusive
and diverse governance to advance the adverse childhood experiences
initiative.
(b) The secretary and director shall select no more than twelve to
fifteen persons as members of the planning group. The members selected
must represent a diversity of interests including: Early learning
coalitions, community public health and safety networks, organizations
that work to prevent and address child abuse and neglect, tribes,
representatives of public agency agencies involved with interventions
in or prevention of adverse childhood experiences, philanthropic
organizations, and organizations focused on community mobilization.
(c) The secretary and director shall cochair the planning group
meetings and shall convene the first meeting.
(2) The planning group shall submit a report on its progress and
recommendations to the appropriate legislative committees no later than
December 15, 2011.
(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 communities or any governance entity that is
created as a result of the partnership; 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 2011 c 171 s 9 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 46.18 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 (1) 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, including public awareness campaigns, to the department
of early learning. The council for children and families and the
department of early learning shall participate in the development of
the private-public initiative in order to streamline efforts around the
prevention of child abuse and neglect and avoid duplication of effort.
(2) The executive director of the council for children and families
and the director of the department of early learning shall consult with
the planning group convened in section 3 of this act to develop
strategies to maximize Washington's leverage and match of federal child
abuse and neglect prevention moneys.
(3) No later than January 1, 2012, the council for children and
families and the department of early learning shall report to the
appropriate committees of the legislature on its transition plan.
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 initiative described in section 3 of
this act. The ((family policy council)) private-public initiative
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 70.190.100 (Duties of council) and 2009 c 479 s 59, 1998 c
245 s 123, & 1994 sp.s. c 7 s 307;
(5) RCW 70.190.110 (Program review) and 1998 c 245 s 124 & 1994
sp.s. c 7 s 308;
(6) RCW 70.190.120 (Interagency agreement) and 1994 sp.s. c 7 s
309;
(7) 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;
(8) RCW 70.190.150 (Federal restrictions on funds transfers,
waivers) and 1994 sp.s. c 7 s 312; and
(9) 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 Sections 1 through 3 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 17 Section 5 of this act takes effect July 1,
2012.