SENATE BILL REPORT

SB 5718

As of February 11, 2019

Title: An act relating to establishing the child welfare housing assistance program that provides housing assistance to parents reunifying with a child and parents at risk of having a child removed.

Brief Description: Establishing the child welfare housing assistance program that provides housing assistance to parents reunifying with a child and parents at risk of having a child removed.

Sponsors: Senators Saldaña, Hasegawa, Nguyen, O'Ban, Das, Keiser, Kuderer and Zeiger.

Brief History:

Committee Activity: Human Services, Reentry & Rehabilitation: 2/12/19.

Staff: Alison Mendiola (786-7488)

Background: Child Welfare. If an individual suspects a child has been abused or neglected, it can be reported to DCYF's Child Protective Services (CPS) office or to law enforcement. There are many individuals who are required by law to report suspected abuse or neglect. CPS will determine whether the report of child abuse or neglect is credible and whether the report meets the sufficiency screening criteria. If the report meets the screening criteria, CPS will assign either a 24-hour response that includes an investigation, or a family assessment response for low to moderate risk allegations requiring a 72-hour response.

Dependency. DCYF, or anyone else, can file a court petition alleging the child should be a dependent of the state due to abuse, neglect, or because no parent, guardian, or custodian is capable of adequately caring for the child. A court will hold a shelter care hearing following removal of a child from their home within seventy-two hours. At this hearing, the court will determine if the child can return home safely. After the initial shelter care hearing, if the child is not returned home, there are six-month dependency review hearings to determine the progress of the parties and decide whether the child is able to return home or if court supervision should continue. If a child is not returned home, the court must establish a number of factors. This includes whether a parent's homelessness or lack of suitable housing is a significant factor delaying permanency for the child by preventing them from returning to their parent's home or whether housing assistance should be provided by DCYF.

Summary of Bill: Child Welfare Housing Assistance Program. Effective July 1, 2020, CWHAP is created to provide housing vouchers, rental assistance, navigation, and other support services to eligible families. Funding may be provided to families for up to two years, with the possibility of extending it an additional two years for families who still do not have permanent housing or who continue to need housing support. The purpose of the program is to shorten the time children remain in out-of-home care and provide support to allow families to remain intact. DCYF is to contract with outside entities to operate CWHAP. However, if no outside entities are available to operate the program, DCYF may do so.

Eligibility. The following individuals are eligible for CWHAP:

1. A parent with a child who is dependent, and the primary remaining barrier to reunification is the lack of appropriate housing. This eligibility group shall be given priority.

2. A parent with a child who is not dependent, but the child is at risk of removal by DCYF due to a lack of appropriate housing. This eligibility group will only be served if there are remaining funds for the program after serving all eligible families with children who are dependent.

Families may be referred to CWHAP by a caseworker, an attorney, a guardian ad litem, a child welfare parent mentor, an Office of Public Defense social worker, or the court.

Stakeholder group. DCYF is to convene a stakeholder group including, but not limited to:

• parent allies;

• parent attorneys and social workers managed by the Office of Public Defense parent representation program;

• the Department of Commerce;

• housing experts;

• community-based organizations;

• advocates; and

• behavioral health providers.

The stakeholder group meets to assist DCYF in the design of the CWHAP in areas, including:

• equitable racial, geographic, ethnic, and gender distribution of program support;

• eligibility criteria;

• creating a definition of homeless for purposes of eligibility for the program; and

• options for program design that include outside entities operating the entire program or specific parts of the program.

Following the implementation of CWHAP, the stakeholder group provides ongoing input in the following areas:

• equitable racial, geographic, ethnic, and gender distribution of program support;

• tracking of the receipt of program support; and

• establishing performance measures and monitoring outcomes.

DCYF reports outcomes of CWHAP to the stakeholder group and the DCYF Oversight Board.

Shelter Care Hearing. At the shelter care hearing, when the court inquires whether any housing assistance was provided to the family to prevent or eliminate the need for the removal of the child from their home, housing assistance includes a referral to CWHAP.

Dependency. At dependency review hearings, the court is to establish in writing, among other things, whether a parent's homelessness or lack of suitable housing is a significant factor delaying permanency for the child by preventing return to their parent's home, and whether housing assistance should be provided by DCYF, including referral to CWHAP.

Appropriation: None.

Fiscal Note: Requested on January 29, 2019.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.