RCW 74.13.031
Duties of department -- Child welfare
services -- Children's services advisory committee. (Effective
until December 31, 2008.)
The department shall have the duty to
provide child welfare services and shall:
(1) Develop, administer, supervise, and monitor a
coordinated and comprehensive plan that establishes, aids, and
strengthens services for the protection and care of runaway,
dependent, or neglected children.
(2) Within available resources, recruit an adequate number
of prospective adoptive and foster homes, both regular and
specialized, i.e. homes for children of ethnic minority,
including Indian homes for Indian children, sibling groups,
handicapped and emotionally disturbed, teens, pregnant and
parenting teens, and annually report to the governor and the
legislature concerning the department's success in: (a) Meeting
the need for adoptive and foster home placements; (b) reducing
the foster parent turnover rate; (c) completing home studies for
legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall
include a section entitled "Foster Home Turn-Over, Causes and
Recommendations."
(3) Investigate complaints of any recent act or failure to
act on the part of a parent or caretaker that results in death,
serious physical or emotional harm, or sexual abuse or
exploitation, or that presents an imminent risk of serious harm,
and on the basis of the findings of such investigation, offer
child welfare services in relation to the problem to such
parents, legal custodians, or persons serving in loco parentis,
and/or bring the situation to the attention of an appropriate
court, or another community agency: PROVIDED, That an
investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the
child's parents, legal custodians, or persons serving in loco
parentis. If the investigation reveals that a crime against a
child may have been committed, the department shall notify the
appropriate law enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation
services to families who are in conflict.
(5) Monitor out-of-home placements, on a timely and routine
basis, to assure the safety, well-being, and quality of care
being provided is within the scope of the intent of the
legislature as defined in RCW 74.13.010 and 74.15.010, and
annually submit a report measuring the extent to which the
department achieved the specified goals to the governor and the
legislature.
(6) Have authority to accept custody of children from
parents and to accept custody of children from juvenile courts,
where authorized to do so under law, to provide child welfare
services including placement for adoption, to provide for the
routine and necessary medical, dental, and mental health care, or
necessary emergency care of the children, and to provide for the
physical care of such children and make payment of maintenance
costs if needed. Except where required by Public Law 95-608 (25
U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on
the basis of race, creed, or color when considering applications
in their placement for adoption.
(7) Have authority to provide temporary shelter to children
who have run away from home and who are admitted to crisis
residential centers.
(8) Have authority to purchase care for children; and shall
follow in general the policy of using properly approved private
agency services for the actual care and supervision of such
children insofar as they are available, paying for care of such
children as are accepted by the department as eligible for
support at reasonable rates established by the department.
(9) Establish a children's services advisory committee which
shall assist the secretary in the development of a partnership
plan for utilizing resources of the public and private sectors,
and advise on all matters pertaining to child welfare, licensing
of child care agencies, adoption, and services related thereto.
At least one member shall represent the adoption community.
(10)(a) Have authority to provide continued foster care or
group care as needed to participate in or complete a high school
or vocational school program.
(b)(i) Beginning in 2006, the department has the authority
to allow up to fifty youth reaching age eighteen to continue in
foster care or group care as needed to participate in or complete
a posthigh school academic or vocational program, and to receive
necessary support and transition services.
(ii) In 2007 and 2008, the department has the authority to
allow up to fifty additional youth per year reaching age eighteen
to remain in foster care or group care as provided in (b)(i) of
this subsection.
(iii) A youth who remains eligible for such placement and
services pursuant to department rules may continue in foster care
or group care until the youth reaches his or her twenty-first
birthday. Eligibility requirements shall include active
enrollment in a posthigh school academic or vocational program
and maintenance of a 2.0 grade point average.
(11) Refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance
of a child, including a child with a developmental disability who
is placed as a result of an action under chapter 13.34 RCW,
unless the department finds that there is good cause not to
pursue collection of child support against the parent or parents
of the child. Cases involving individuals age eighteen through
twenty shall not be referred to the division of child support
unless required by federal law.
(12) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in the
custody of a federally recognized Indian tribe or tribally
licensed child-placing agency pursuant to parental consent,
tribal court order, or state juvenile court order; and the
purchase of such care shall be subject to the same eligibility
standards and rates of support applicable to other children for
whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170
through 13.32A.200 and 74.13.032 through 74.13.036, or of this
section all services to be provided by the department of social
and health services under subsections (4), (6), and (7) of this
section, subject to the limitations of these subsections, may be
provided by any program offering such services funded pursuant to
Titles II and III of the federal juvenile justice and delinquency
prevention act of 1974.
(13) Within amounts appropriated for this specific purpose,
provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(14) Have authority to provide independent living services
to youths, including individuals who have attained eighteen years
of age, and have not attained twenty-one years of age who are or
have been in foster care.
(15) Consult at least quarterly with foster parents,
including members of the foster parent association of Washington
state, for the purpose of receiving information and comment
regarding how the department is performing the duties and meeting
the obligations specified in this section and RCW 74.13.250 and 74.13.320 regarding the recruitment of foster homes, reducing
foster parent turnover rates, providing effective training for
foster parents, and administering a coordinated and comprehensive
plan that strengthens services for the protection of children.
Consultation shall occur at the regional and statewide levels.
[2007 c 413 § 10. Prior: 2006 c 266 § 1; 2006 c 221 § 3; 2004 c 183 § 3; 2001 c 192 § 1; 1999 c 267 § 8; 1998 c 314 § 10; prior: 1997 c 386 § 32; 1997 c 272 § 1; 1995 c 191 § 1; 1990 c 146 § 9; prior: 1987 c 505 § 69; 1987 c 170 § 10; 1983 c 246 § 4; 1982 c 118 § 3; 1981 c 298 § 16; 1979 ex.s. c 165 § 22; 1979 c 155 § 77; 1977 ex.s. c 291 § 22; 1975-'76 2nd ex.s. c 71 § 4; 1973 1st ex.s. c 101 § 2; 1967 c 172 § 17.]
NOTES:
Severability -- 2007 c 413: See note following RCW 13.34.215.
Construction -- 2006 c 266: "Nothing in this act shall be
construed to create:
(1) An entitlement to services;
(2) Judicial authority to extend the jurisdiction of
juvenile court in a proceeding under chapter 13.34 RCW to a youth
who has attained eighteen years of age or to order the provision
of services to the youth; or
(3) A private right of action or claim on the part of any
individual, entity, or agency against the department of social
and health services or any contractor of the department." [2006
c 266 § 2.]
Adoption of rules -- 2006 c 266: "The department of social and health services is authorized to adopt rules establishing eligibility for independent living services and placement for youths under this act." [2006 c 266 § 3.]
Study and report -- 2006 c 266: "(1) Beginning in July 2008
and subject to the approval of its governing board, the
Washington state institute for public policy shall conduct a
study measuring the outcomes for foster youth who have received
continued support pursuant to RCW 74.13.031(10). The study
should include measurements of any savings to the state and local
government. The institute shall issue a report containing its
preliminary findings to the legislature by December 1, 2008, and
a final report by December 1, 2009.
(2) The institute is authorized to accept nonstate funds to
conduct the study required in subsection (1) of this section."
[2006 c 266 § 4.]
Finding -- 2006 c 221: See note following RCW 13.34.315.
Effective date -- 2004 c 183: See note following RCW 13.34.160.
Findings -- Intent -- Severability -- 1999 c 267: See notes following RCW 43.20A.790.
Application -- Effective date -- 1997 c 386: See notes following RCW 13.50.010.
Effective date -- 1997 c 272: "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 July 1, 1997." [1997 c 272 § 8.]
Effective date -- 1987 c 170 §§ 10 and 11: "Sections 10 and 11 of this act shall take effect July 1, 1988." [1987 c 170 § 16.]
Severability -- 1987 c 170: See note following RCW 13.04.030.
Severability -- 1981 c 298: See note following RCW 13.32A.040.
Effective dates -- Severability -- 1977 ex.s. c 291: See notes following RCW 13.04.005.
Severability -- 1967 c 172: See note following RCW 74.15.010.
Declaration of purpose -- 1967 c 172: See RCW 74.15.010.
Abuse of child: Chapter 26.44 RCW.
Licensing of agencies caring for or placing children, expectant mothers, and individuals with developmental disabilities: Chapter 74.15 RCW.
RCW 74.13.031
Duties of department -- Child welfare
services -- Children's services advisory committee. (Effective
December 31, 2008.)
The department shall have the duty to
provide child welfare services and shall:
(1) Develop, administer, supervise, and monitor a
coordinated and comprehensive plan that establishes, aids, and
strengthens services for the protection and care of runaway,
dependent, or neglected children.
(2) Within available resources, recruit an adequate number
of prospective adoptive and foster homes, both regular and
specialized, i.e. homes for children of ethnic minority,
including Indian homes for Indian children, sibling groups,
handicapped and emotionally disturbed, teens, pregnant and
parenting teens, and annually report to the governor and the
legislature concerning the department's success in: (a) Meeting
the need for adoptive and foster home placements; (b) reducing
the foster parent turnover rate; (c) completing home studies for
legally free children; and (d) implementing and operating the
passport program required by RCW 74.13.285. The report shall
include a section entitled "Foster Home Turn-Over, Causes and
Recommendations."
(3) Investigate complaints of any recent act or failure to
act on the part of a parent or caretaker that results in death,
serious physical or emotional harm, or sexual abuse or
exploitation, or that presents an imminent risk of serious harm,
and on the basis of the findings of such investigation, offer
child welfare services in relation to the problem to such
parents, legal custodians, or persons serving in loco parentis,
and/or bring the situation to the attention of an appropriate
court, or another community agency. An investigation is not
required of nonaccidental injuries which are clearly not the
result of a lack of care or supervision by the child's parents,
legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law
enforcement agency.
(4) Offer, on a voluntary basis, family reconciliation
services to families who are in conflict.
(5) Monitor placements of children in out-of-home care and
in-home dependencies to assure the safety, well-being, and
quality of care being provided is within the scope of the intent
of the legislature as defined in RCW 74.13.010 and 74.15.010.
The policy for monitoring placements under this section shall
require that children in out-of-home care and in-home
dependencies and their caregivers receive a private and
individual face-to-face visit each month.
(a) The department shall conduct the monthly visits with
children and caregivers required under this section unless the
child's placement is being supervised under a contract between
the department and a private agency accredited by a national
child welfare accrediting entity, in which case the private
agency shall, within existing resources, conduct the monthly
visits with the child and with the child's caregiver according to
the standards described in this subsection and shall provide the
department with a written report of the visits within fifteen
days of completing the visits.
(b) In cases where the monthly visits required under this
subsection are being conducted by a private agency, the
department shall conduct a face-to-face health and safety visit
with the child at least once every ninety days.
(6) Have authority to accept custody of children from
parents and to accept custody of children from juvenile courts,
where authorized to do so under law, to provide child welfare
services including placement for adoption, to provide for the
routine and necessary medical, dental, and mental health care, or
necessary emergency care of the children, and to provide for the
physical care of such children and make payment of maintenance
costs if needed. Except where required by Public Law 95-608 (25
U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on
the basis of race, creed, or color when considering applications
in their placement for adoption.
(7) Have authority to provide temporary shelter to children
who have run away from home and who are admitted to crisis
residential centers.
(8) Have authority to purchase care for children; and shall
follow in general the policy of using properly approved private
agency services for the actual care and supervision of such
children insofar as they are available, paying for care of such
children as are accepted by the department as eligible for
support at reasonable rates established by the department.
(9) Establish a children's services advisory committee which
shall assist the secretary in the development of a partnership
plan for utilizing resources of the public and private sectors,
and advise on all matters pertaining to child welfare, licensing
of child care agencies, adoption, and services related thereto.
At least one member shall represent the adoption community.
(10)(a) Have authority to provide continued foster care or
group care as needed to participate in or complete a high school
or vocational school program.
(b)(i) Beginning in 2006, the department has the authority
to allow up to fifty youth reaching age eighteen to continue in
foster care or group care as needed to participate in or complete
a posthigh school academic or vocational program, and to receive
necessary support and transition services.
(ii) In 2007 and 2008, the department has the authority to
allow up to fifty additional youth per year reaching age eighteen
to remain in foster care or group care as provided in (b)(i) of
this subsection.
(iii) A youth who remains eligible for such placement and
services pursuant to department rules may continue in foster care
or group care until the youth reaches his or her twenty-first
birthday. Eligibility requirements shall include active
enrollment in a posthigh school academic or vocational program
and maintenance of a 2.0 grade point average.
(11) Refer cases to the division of child support whenever
state or federal funds are expended for the care and maintenance
of a child, including a child with a developmental disability who
is placed as a result of an action under chapter 13.34 RCW,
unless the department finds that there is good cause not to
pursue collection of child support against the parent or parents
of the child. Cases involving individuals age eighteen through
twenty shall not be referred to the division of child support
unless required by federal law.
(12) Have authority within funds appropriated for foster
care services to purchase care for Indian children who are in the
custody of a federally recognized Indian tribe or tribally
licensed child-placing agency pursuant to parental consent,
tribal court order, or state juvenile court order; and the
purchase of such care shall be subject to the same eligibility
standards and rates of support applicable to other children for
whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170
through 13.32A.200 and 74.13.032 through 74.13.036, or of this
section all services to be provided by the department of social
and health services under subsections (4), (6), and (7) of this
section, subject to the limitations of these subsections, may be
provided by any program offering such services funded pursuant to
Titles II and III of the federal juvenile justice and delinquency
prevention act of 1974.
(13) Within amounts appropriated for this specific purpose,
provide preventive services to families with children that
prevent or shorten the duration of an out-of-home placement.
(14) Have authority to provide independent living services
to youths, including individuals who have attained eighteen years
of age, and have not attained twenty-one years of age who are or
have been in foster care.
(15) Consult at least quarterly with foster parents,
including members of the foster parent association of Washington
state, for the purpose of receiving information and comment
regarding how the department is performing the duties and meeting
the obligations specified in this section and RCW 74.13.250 and 74.13.320 regarding the recruitment of foster homes, reducing
foster parent turnover rates, providing effective training for
foster parents, and administering a coordinated and comprehensive
plan that strengthens services for the protection of children.
Consultation shall occur at the regional and statewide levels.
[2008 c 267 § 6; 2007 c 413 § 10. Prior: 2006 c 266 § 1; 2006 c 221 § 3; 2004 c 183 § 3; 2001 c 192 § 1; 1999 c 267 § 8; 1998 c 314 § 10; prior: 1997 c 386 § 32; 1997 c 272 § 1; 1995 c 191 § 1; 1990 c 146 § 9; prior: 1987 c 505 § 69; 1987 c 170 § 10; 1983 c 246 § 4; 1982 c 118 § 3; 1981 c 298 § 16; 1979 ex.s. c 165 § 22; 1979 c 155 § 77; 1977 ex.s. c 291 § 22; 1975-'76 2nd ex.s. c 71 § 4; 1973 1st ex.s. c 101 § 2; 1967 c 172 § 17.]
NOTES:
Effective date -- 2008 c 267 § 6: "Section 6 of this act takes effect December 31, 2008." [2008 c 267 § 14.]
Severability -- 2007 c 413: See note following RCW 13.34.215.
Construction -- 2006 c 266: "Nothing in this act shall be
construed to create:
(1) An entitlement to services;
(2) Judicial authority to extend the jurisdiction of
juvenile court in a proceeding under chapter 13.34 RCW to a youth
who has attained eighteen years of age or to order the provision
of services to the youth; or
(3) A private right of action or claim on the part of any
individual, entity, or agency against the department of social
and health services or any contractor of the department." [2006
c 266 § 2.]
Adoption of rules -- 2006 c 266: "The department of social and health services is authorized to adopt rules establishing eligibility for independent living services and placement for youths under this act." [2006 c 266 § 3.]
Study and report -- 2006 c 266: "(1) Beginning in July 2008
and subject to the approval of its governing board, the
Washington state institute for public policy shall conduct a
study measuring the outcomes for foster youth who have received
continued support pursuant to RCW 74.13.031(10). The study
should include measurements of any savings to the state and local
government. The institute shall issue a report containing its
preliminary findings to the legislature by December 1, 2008, and
a final report by December 1, 2009.
(2) The institute is authorized to accept nonstate funds to
conduct the study required in subsection (1) of this section."
[2006 c 266 § 4.]
Finding -- 2006 c 221: See note following RCW 13.34.315.
Effective date -- 2004 c 183: See note following RCW 13.34.160.
Findings -- Intent -- Severability -- 1999 c 267: See notes following RCW 43.20A.790.
Application -- Effective date -- 1997 c 386: See notes following RCW 13.50.010.
Effective date -- 1997 c 272: "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 July 1, 1997." [1997 c 272 § 8.]
Effective date -- 1987 c 170 §§ 10 and 11: "Sections 10 and 11 of this act shall take effect July 1, 1988." [1987 c 170 § 16.]
Severability -- 1987 c 170: See note following RCW 13.04.030.
Severability -- 1981 c 298: See note following RCW 13.32A.040.
Effective dates -- Severability -- 1977 ex.s. c 291: See notes following RCW 13.04.005.
Severability -- 1967 c 172: See note following RCW 74.15.010.
Declaration of purpose -- 1967 c 172: See RCW 74.15.010.
Abuse of child: Chapter 26.44 RCW.
Licensing of agencies caring for or placing children, expectant mothers, and individuals with developmental disabilities: Chapter 74.15 RCW.