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.)) (11) Within amounts appropriated for this specific
purpose, have authority to provide continued foster care or group
care and necessary support and transition services to youth ages
eighteen to twenty-one years who are enrolled and participating
in a posthigh school academic or vocational program. 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.
((
(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)Eligibility requirements shall include active enrollment in a
posthigh school academic or vocational program and maintenance of
a 2.0 grade point average.)) (12) 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.
(11)
(((12))) (13) 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))) (14) 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))) (15) 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))) (16) 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.
[2009 c 235 § 4; 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:
Expiration date -- 2009 c 235 § 4: "Section 4 of this act expires October 1, 2010." [2009 c 235 § 8.]
Findings -- Intent -- 2009 c 235: "(1) The legislature finds
that the federal fostering connections to success and increasing
adoptions act of 2008 provides important new opportunities for
the state to use federal funding to promote permanency and
positive outcomes for youth in foster care and for those who age
out of the foster care system.
(2) The legislature also finds that research regarding
former foster youth is generally sobering. Longitudinal research
on the adult functioning of former foster youth indicates a
disproportionate likelihood that youth aging out of foster care
and those who spent several years in care will experience poor
outcomes in a variety of areas, including limited human capital
upon which to build economic security; untreated mental or
behavioral health problems; involvement in the criminal justice
and corrections systems; and early parenthood combined with
second-generation child welfare involvement. The legislature
further finds that research also demonstrates that access to
adequate and appropriate supports during the period of transition
from foster care to independence can have significant positive
impacts on adult functioning and can improve outcomes relating to
educational attainment and postsecondary enrollment; employment
and earnings; and reduced rates of teen pregnancies.
(3) The legislature intends to clarify existing authority
for foster care services beyond age eighteen and to establish
authority for future expansion of housing and other supports for
youth aging out of foster care and youth who achieved permanency
in later adolescence." [2009 c 235 § 1.]
RCW 74.13.031
Duties of department -- Child welfare
services -- Children's services advisory committee (as amended by
2009 c 235). (Effective October 1, 2010.)
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)(a) Within amounts appropriated for this specific
purpose, have authority to provide continued foster care or group
care to youth ages eighteen to twenty-one years who are:
(i) Enrolled and participating in a postsecondary or
vocational educational program;
(ii) Participating in a program or activity designed to
promote or remove barriers to employment;
(iii) Engaged in employment for eighty hours or more per
month; or
(iv) Incapable of engaging on any of the activities
described in (a)(i) through (iii) of this subsection due to a
medical condition that is supported by regularly updated
information.
(b) A youth who remains eligible for placement services or
benefits pursuant to department rules may continue to receive
placement services and benefits until the youth reaches his or
her twenty-first birthday.
(12) Within amounts appropriated for this specific purpose,
have authority to provide adoption support benefits, or
subsidized relative guardianship benefits on behalf of youth ages
eighteen to twenty-one years who achieved permanency through
adoption or a subsidized relative guardianship at age sixteen or
older and who are engaged in one of the activities described in
subsection (11) of this section.
(13) 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))) (14) 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))) (15) 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))) (16) 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))) (17) 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.
[2009 c 235 § 2; 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 -- 2009 c 235 § 2: "Section 2 of this act takes effect October 1, 2010." [2009 c 235 § 7.]
RCW 74.13.031
Duties of department -- Child welfare
services -- Children's services advisory committee (as amended by
2009 c 491).
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.
(16)(a) Within current funding levels, place on the public
web site maintained by the department a document listing the
duties and responsibilities the department has to a child subject
to a dependency petition including, but not limited to, the
following:
(i) Reasonable efforts, including the provision of services,
toward reunification of the child with his or her family;
(ii) Sibling visits subject to the restrictions in RCW 13.34.136(2)(b)(ii);
(iii) Parent-child visits;
(iv) Statutory preference for placement with a relative or
other suitable person, if appropriate; and
(v) Statutory preference for an out-of-home placement that
allows the child to remain in the same school or school district,
if practical and in the child's best interests.
(b) The document must be prepared in conjunction with a
community-based organization and must be updated as needed.
[2009 c 491 § 7; 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.]
RCW 74.13.031((The department shall
have the duty to provide child welfare services and shall:))
(1) The department and supervising agencies shall 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, the department and
supervising agencies shall 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 the department shall annually report to the
governor and the legislature concerning the department's and
supervising agency'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) The department shall 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) The department or supervising agencies shall offer, on a
voluntary basis, family reconciliation services to families who
are in conflict.
(5) The department or supervising agencies shall 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 shall receive a private and
individual face-to-face visit each month.
(((a))) The department or supervising agencies 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.)) to whom it is
providing child welfare services.
(b) n 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) The department and supervising agencies shall 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) The department and supervising agency shall have
authority to provide temporary shelter to children who have run
away from home and who are admitted to crisis residential
centers.
(8) The department and supervising agency shall 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) The department shall establish a children's services
advisory committee with sufficient members representing
supervising agencies 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) The department and supervising agencies shall 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) The department shall 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) The department and supervising agencies shall 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,
the supervising agency or department shall provide preventive
services to families with children that prevent or shorten the
duration of an out-of-home placement.
(14) The department and supervising agencies shall 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) The department and supervising agencies shall 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)) and supervising agencies are 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.
[2009 c 520 § 51; 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:
Reviser's note: RCW 74.13.031 was amended four times during the 2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
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.