HOUSE BILL REPORT

E2SSB 5065

BYSenate Committee on Children & Family Services (originally sponsored by Senators Craswell, Smith, Stratton and Bailey)

Creating a citizen review board system for cases involving substitute care of children.

House Committe on Human Services

Majority Report:  Do pass with amendments.  (10)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Hargrove, Leonard, Padden, Raiter and Winsley.

Minority Report:  Do not pass.  (1)

      Signed by Representative Brekke.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE MAY 8, 1989

BACKGROUND:

Current law requires court review every six months of all children found to be dependent to determine whether court supervision should continue. The Department of Social and Health Services (DSHS) meets their review requirements through a combination of administrative reviews and court reviews.

Federal Law 96-272 ties the receipt of federal foster care monies to passage of federal audit of the state's case planning and case review procedures. There is some concern that juvenile courts in some areas of the state are so overcrowded that the state is not able to complete the required reviews in a timely manner and could fail the upcoming federal audit in May 1989.

DSHS has also been examining citizen review as an alternative to administrative reviews and some court reviews, to not only comply with federal requirements, but to expand community responsiveness and oversight of the foster care system.  Currently a citizen review system is being piloted in Snohomish County with private grant money.

SUMMARY:

Citizen review panels are established in at least one class one or higher county, under the administration of the Washington Supreme Court through the Office of the Administrator of the Courts.

Each board shall be made up of five members appointed by the local juvenile court who are trained and sworn to confidentiality.  The members must meet certain requirements before they can be chosen to serve on the board.

The boards are to conduct periodic reviews regarding the appropriateness of removing a child, the efforts made to heal the family, and the ongoing situation of a child while he or she remains in foster care.

The procedures for a review system are established including a method for dealing with potential conflicts of interest that may arise.

If a child is placed pursuant to parental consent and not a dependency petition, within 45 days from the start of the placement, the department shall assign the case to a review board. The board shall review the case at the following times: 90 days following the start of the placement; six months following the start of the placement; one year following the start of the placement unless the child is no longer in placement.  Each time the board conducts a review of the case, it must prepare written findings and recommendations.

If a child is placed pursuant to a dependency proceeding, within 45 days from the start of the placement, the department must assign the matter to a board.  The board shall review the matter at the following times: 90 days following the start of the placement; six months following the start of the placement; one year following the start of the placement.  Within 18 months following the start of placement, the court must hold a permanency planning hearing.  After the 18 month review, the board and the court shall alternate reviewing the matter every 6 months until the child is no longer in substitute care, is not within the jurisdiction of the court or an adoption or guardianship decree has been entered.  Each time the board conducts a review of the case, it must prepare written findings and recommendations.

A process for court review of the board's recommendations to which the department does not agree is created for dependency cases.

The pilot project will expire June 30, 1991.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect on July 1, 1989.

House Committee ‑ Testified For:    Senator Craswell, Sponsor; Marie Jack, Snohomish County Early Citizen Review; Laura Crawford, Seattle Attorney; and Nancy Asbury, Oregon Citizen Review Board.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Citizen review boards are proving successful in other states not only in shortening the length of placement in foster care but creating community advocacy for quality prevention and intervention programs. Parental involvement in the process has also increased. The Snohomish County pilot project appears to be very successful in attracting community involvement.

House Committee - Testimony Against:      None Presented.Regular Session 2SSB 5065: Appropriations Committee; did not come out of committee.  No House vote taken.