(1) No later than July 1, 2011, the department shall convert its
current contracts with providers of child welfare services into
performance-based contracts. In accomplishing this conversion,
the department shall decrease the total number of contracts it
uses to purchase child welfare services from providers. The
conversion of contracts for the provision of child welfare
services to performance-based contracts must be done in a manner
that does not adversely affect the state's ability to continue to
obtain federal funding for child welfare related functions
currently performed by the state and with consideration of
options to further maximize federal funding opportunities and
increase flexibility in the use of such funds, including use for
preventive and in-home child welfare services.
(2) No later than December 30, 2012:
(a) In the demonstration sites selected under RCW 74.13.368(4)(a), child welfare services shall be provided by
supervising agencies with whom the department has entered into
performance-based contracts. Supervising agencies may enter into
subcontracts with other licensed agencies; and
(b) Except as provided in subsection (4) of this section,
and notwithstanding any law to the contrary, the department may
not directly provide child welfare services to families and
children provided child welfare services by supervising agencies
in the demonstration sites selected under RCW 74.13.368(4)(a).
(3) No later than December 30, 2012, for families and
children provided child welfare services by supervising agencies
in the demonstration sites selected under RCW 74.13.368(4)(a),
the department is responsible for only the following:
(a) Monitoring the quality of services for which the
department contracts under this chapter;
(b) Ensuring that the services are provided in accordance
with federal law and the laws of this state, including the Indian
child welfare act;
(c) Providing child protection functions and services,
including intake and investigation of allegations of child abuse
or neglect, emergency shelter care functions under RCW 13.34.050,
and referrals to appropriate providers; and
(d) Issuing licenses pursuant to chapter 74.15 RCW.
(4) No later than December 30, 2012, for families and
children provided child welfare services by supervising agencies
in the demonstration sites selected under RCW 74.13.368(4)(a),
the department may provide child welfare services only:
(a) For the limited purpose of establishing a control or
comparison group as deemed necessary by the child welfare
transformation design committee, with input from the Washington
state institute for public policy, to implement the demonstration
sites selected and defined pursuant to RCW 74.13.368(4)(a) in
which the performance in achieving measurable outcomes will be
compared and evaluated pursuant to RCW 74.13.370; or
(b) In an emergency or as a provider of last resort. The
department shall adopt rules describing the circumstances under
which the department may provide those services. For purposes of
this section, "provider of last resort" means the department is
unable to contract with a private agency to provide child welfare
services in a particular geographic area or, after entering into
a contract with a private agency, either the contractor or the
department terminates the contract.
(5) For purposes of this chapter, on and after September 1,
2010, performance-based contracts shall be structured to hold the
supervising agencies accountable for achieving the following
goals in order of importance: Child safety; child permanency,
including reunification; and child well-being.
(6) A federally recognized tribe located in this state may
enter into a performance-based contract with the department to
provide child welfare services to Indian children whether or not
they reside on a reservation. Nothing in this section prohibits
a federally recognized Indian tribe located in this state from
providing child welfare services to its members or other Indian
children pursuant to existing tribal law, regulation, or custom,
or from directly entering into agreements for the provision of
such services with the department, if the department continues to
otherwise provide such services, or with federal agencies.
[2010 c 291 § 4; 2009 c 520 § 3.]
NOTES:
Findings -- 2010 c 291: See note following RCW 74.13.368.