title: RCW 74.13.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Case management" means convening family meetings, developing, revising, and monitoring implementation of any case plan or individual service and safety plan, coordinating and monitoring services needed by the child and family, caseworker-child visits, family visits, and the assumption of court-related duties, excluding legal representation, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the child is progressing toward permanency within state and federal mandates, including the Indian child welfare act.
(2) "Certificate of parental improvement" means a certificate issued under RCW 74.13.720 to an individual who has a founded finding of physical abuse or negligent treatment or maltreatment, or a court finding that the individual's child was dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030(6)(b).
(3) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.
(4) "Child protective services" has the same meaning as in RCW 26.44.020.
(5) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected children;
(c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.
"Child welfare services" does not include child protection services.
(6) "Child who is a candidate for foster care" means a child who the department identifies as being at imminent risk of entering foster care but who can remain safely in the child's home or in a kinship placement as long as services or programs that are necessary to prevent entry of the child into foster care are provided, and includes but is not limited to a child whose adoption or guardianship arrangement is at risk of a disruption or dissolution that would result in a foster care placement. The term includes a child for whom there is reasonable cause to believe that any of the following circumstances exist:
(a) The child has been abandoned by the parent as defined in RCW 13.34.030 and the child's health, safety, and welfare is seriously endangered as a result;
(b) The child has been abused or neglected as defined in chapter 26.44 RCW and the child's health, safety, and welfare is seriously endangered as a result;
(c) There is no parent capable of meeting the child's needs such that the child is in circumstances that constitute a serious danger to the child's development;
(d) The child is otherwise at imminent risk of harm.
(7) "Department" means the department of children, youth, and families.
(8) "Extended foster care services" means residential and other support services the department is authorized to provide to dependent children. These services include, but are not limited to, placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; supervised independent living subsidy; and counseling or treatment.
(9) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child abuse or neglect, and family strengths and needs that is applied to a child abuse or neglect report. Family assessment does not include a determination as to whether child abuse or neglect occurred, but does determine the need for services to address the safety of the child and the risk of subsequent maltreatment.
(10) "Medical condition" means, for the purposes of qualifying for extended foster care services, a physical or mental health condition as documented by any licensed health care provider regulated by a disciplining authority under RCW 18.130.040.
(11) "Nonminor dependent" means any individual age 18 to 21 years who is participating in extended foster care services authorized under RCW 74.13.031.
(12) "Out-of-home care services" means services provided after the shelter care hearing to or for children in out-of-home care, as that term is defined in RCW 13.34.030, and their families, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation of the adoption process, family reunification, independent living, emergency shelter, residential group care, and foster care, including relative placement.
(13) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts shall also include provisions that link the performance of the contractor to the level and timing of reimbursement.
(14) "Permanency services" means long-term services provided to secure a child's safety, permanency, and well-being, including foster care services, family reunification services, adoption services, and preparation for independent living services.
(15) "Prevention and family services and programs" means specific mental health prevention and treatment services, substance abuse prevention and treatment services, and in-home parent skill-based programs that qualify for federal funding under the federal family first prevention services act, P.L. 115-123. For purposes of this chapter, prevention and family services and programs are not remedial services or family reunification services as described in RCW 13.34.025(2).
(16) "Primary prevention services" means services which are designed and delivered for the primary purpose of enhancing child and family well-being and are shown, by analysis of outcomes, to reduce the risk to the likelihood of the initial need for child welfare services.
(17) "Secretary" means the secretary of the department.
(18) "Supervised independent living setting" includes, but is not limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings. Supervised independent living settings must be approved by the department or the court.
(19) "Supervised independent living subsidy" means a foster care maintenance payment.
(20) "Unsupervised" has the same meaning as in RCW 43.43.830.
(21) "Voluntary placement agreement" has, for the purposes of extended foster care services, the same meaning as in RCW 74.13.336.
[ 2024 c 192 s 4. Prior: 2020 c 270 s 4; 2019 c 172 s 7; prior: 2018 c 284 s 36; (2018 c 284 s 35 expired July 1, 2018); 2018 c 58 s 51; 2018 c 34 s 3; 2017 3rd sp.s. c 6 s 401; 2015 c 240 s 2; prior: 2013 c 332 s 8; (2013 c 332 s 7 expired December 1, 2013); 2013 c 162 s 5; (2013 c 162 s 4 expired December 1, 2013); prior: 2012 c 259 s 7; 2012 c 205 s 12; prior: 2011 c 330 s 4; 2010 c 291 s 3; prior: 2009 c 520 s 2; 2009 c 235 s 3; 1999 c 267 s 7; 1979 c 155 s 76; 1977 ex.s. c 291 s 21; 1975-'76 2nd ex.s. c 71 s 3; 1971 ex.s. c 292 s 66; 1965 c 30 s 3.]
Notes:
Findings—Intent—2024 c 192: See note following RCW 13.34.030.
Effective date—2020 c 270: See note following RCW 74.13.720.
Effective date—2018 c 284 ss 3, 8, 13, 20, 33, 36, and 67: See note following RCW 13.34.030.
Expiration date—2018 c 284 ss 2, 7, 12, 19, 32, 35, and 66: See note following RCW 13.34.030.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2018 c 34: See note following RCW 13.34.267.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2015 c 240: See note following RCW 13.34.267.
Effective date—2013 c 332 ss 8 and 10: "Sections 8 and 10 of this act take effect December 1, 2013." [ 2013 c 332 s 17.]
Expiration date—2013 c 332 ss 7 and 9: "Sections 7 and 9 of this act expire December 1, 2013." [ 2013 c 332 s 16.]
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.
Effective date—2013 c 162 s 5: "Section 5 of this act takes effect December 1, 2013." [ 2013 c 162 s 10.]
Expiration date—2013 c 162 s 4: "Section 4 of this act expires December 1, 2013." [ 2013 c 162 s 9.]
Findings—Rules—2013 c 162: See notes following RCW 74.13.700.
Effective date—2012 c 259 ss 1 and 3-10: See note following RCW 26.44.020.
Intent—2011 c 330: See note following RCW 13.04.011.
Findings—2010 c 291: "The legislature finds that, based upon the work of the child welfare transformation design committee established pursuant to 2SHB 2106 during the 2009 legislative session, several narrowly based amendments to that legislation need to be made, mainly for clarifying purposes. The legislature further finds that two deadlines need to be extended by six months, the first to allow the department of social and health services additional time to complete the conversion of its contracts to performance-based contracts and the second to allow the department additional time to gradually transfer existing cases to supervising agencies in the demonstration sites. The legislature finds that the addition of a foster youth on the child welfare transformation design committee will greatly assist the committee in its work.
The legislature recognizes that clarifying language regarding Indian tribes should be added regarding the government-to-government relationship the tribes have with the state. The legislature further recognizes that language is needed regarding the department's ability to receive federal funding based upon the recommendations made by the child welfare transformation design committee." [ 2010 c 291 s 1.]
Findings—Intent—2009 c 235: See note following RCW 74.13.031.
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.
Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.

catchline: Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 74.13.021

text:
As used in this chapter, " developmentally disabled child" is a child who has a developmental disability as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian and with the department mutually agree that services appropriate to the child's needs cannot be provided in the home.
[ 1998 c 229 s 3; 1997 c 386 s 15.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Developmentally disabled child—Defined.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.13.025

text:
Any county or group of counties may make application to the department in the manner and form prescribed by the department to administer and provide the services established under RCW 13.32A.197. Any such application must include a plan or plans for providing such services to at-risk youth.
[ 2017 3rd sp.s. c 6 s 402; 1998 c 296 s 1.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—Intent—1998 c 296: "The legislature finds it is often necessary for parents to obtain mental health or chemical dependency treatment for their minor children prior to the time the child's condition presents a likelihood of serious harm or the child becomes gravely disabled. The legislature finds that treatment of such conditions is not the equivalent of incarceration or detention, but is a legitimate act of parental discretion, when supported by decisions of credentialed professionals. The legislature finds that, consistent with Parham v. J.R., 442 U.S. 584 (1979), state action is not involved in the determination of a parent and professional person to admit a minor child to treatment and finds this act provides sufficient independent review by the department of social and health services, as a neutral fact finder, to protect the interests of all parties. The legislature intends and recognizes that children affected by the provisions of this act are not children whose mental or substance abuse problems are adequately addressed by chapters *70.96A and 71.34 RCW. Therefore, the legislature finds it is necessary to provide parents a statutory process, other than the petition process provided in chapters *70.96A and 71.34 RCW, to obtain treatment for their minor children without the consent of the children.
The legislature finds that differing standards of admission and review in parent-initiated mental health and chemical dependency treatment for their minor children are necessary and the admission standards and procedures under state involuntary treatment procedures are not adequate to provide safeguards for the safety and well-being of all children. The legislature finds the timeline for admission and reviews under existing law do not provide sufficient opportunities for assessment of the mental health and chemically dependent status of every minor child and that additional time and different standards will facilitate the likelihood of successful treatment of children who are in need of assistance but unwilling to obtain it voluntarily. The legislature finds there are children whose behavior presents a clear need of medical treatment but is not so extreme as to require immediate state intervention under the state involuntary treatment procedures." [ 1998 c 296 s 6.]
*Reviser's note: Chapter 70.96A RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
Part headings not law—1998 c 296: "Part headings used in this act do not constitute any part of the law." [ 1998 c 296 s 43.]
Short title—1998 c 296: "This act may be known and cited as "the Becca act of 1998."" [ 1998 c 296 s 44.]

catchline: Counties may administer and provide services under RCW 13.32A.197—Plan for at-risk youth required.


title: RCW 74.13.029

text:
Once a dependency is established under chapter 13.34 RCW, the department employee assigned to the case shall provide the dependent child age twelve years and older with a document containing the information described in *RCW 74.13.031(18). The department employee shall explain the contents of the document to the child and direct the child to the department's website for further information. The department employee shall document, in the electronic data system, that this requirement was met.
[ 2019 c 64 s 25; 2011 c 89 s 17; 2009 c 491 s 8.]
Notes:
*Reviser's note: RCW 74.13.031 was amended by 2023 c 221 s 3, changing subsection (18) to subsection (21). Subsequently, RCW 74.13.031 was amended by 2024 c 298 s 8, changing subsection (21) to subsection (23), effective January 1, 2025.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.

catchline: Dependency established—Social worker's duty to provide document containing information.


title: RCW 74.13.031

text:
(1) The department 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 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, children with disabilities or behavioral health conditions, teens, pregnant and parenting teens, and the department shall annually provide data and information to the governor and the legislature concerning the department's success in: (a) Placing children with relatives; (b) providing supports to kinship caregivers including guardianship assistance payments; (c) supporting relatives to pass home studies and become licensed caregivers; and (d) meeting the need for nonrelative family foster homes when children cannot be placed with relatives.
(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 shall make recommendations to the legislature about the types of services that need to be offered to children who have been identified by a state or local agency as being a victim of either sex trafficking or severe forms of trafficking in persons described under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq.
(5) For children identified as victims of sex trafficking and victims of severe forms of trafficking in persons described under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq., the department:
(a) Shall assess and offer services to dependent children as described under RCW 13.34.030; and
(b) May assess and offer services to children who have not been found dependent.
(6) As provided in RCW 26.44.030, the department may respond to a report of child abuse or neglect by using the family assessment response.
(7) The department shall offer, on a voluntary basis, family reconciliation services to families who are in conflict.
(8) The department 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. Under this section 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. The department shall randomly select no less than ten percent of the caregivers currently providing care to receive one unannounced face-to-face visit in the caregiver's home per year. No caregiver will receive an unannounced visit through the random selection process for two consecutive years. If the caseworker makes a good faith effort to conduct the unannounced visit to a caregiver and is unable to do so, that month's visit to that caregiver need not be unannounced. The department is encouraged to group monthly visits to caregivers by geographic area so that in the event an unannounced visit cannot be completed, the caseworker may complete other required monthly visits. The department shall use a method of random selection that does not cause a fiscal impact to the department.
The department shall conduct the monthly visits with children and caregivers to whom it is providing child welfare services.
(9) The department 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.
(10) The department may accept custody of children from parents through a voluntary placement agreement to provide child welfare services. The department may place children with a relative, a suitable person, or a licensed foster home under a voluntary placement agreement. In seeking a placement for a voluntary placement agreement, the department should consider the preferences of the parents and attempt to place with relatives or suitable persons over licensed foster care.
(11) The department shall have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.
(12) The department shall have authority to purchase care for children.
(13) The department shall 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.
(14)(a) The department shall provide continued extended foster care services to eligible youth who request extended foster care. The department shall develop policies and procedures to ensure that dependent youth aged 15 and older are informed of the extended foster care program.
(b) The department shall pursue federal reimbursement, where appropriate, when a youth is:
(i) Enrolled in a secondary education program or a secondary education equivalency program;
(ii) Enrolled and participating in a postsecondary academic or postsecondary vocational education program;
(iii) Participating in a program or activity designed to promote employment or remove barriers to employment;
(iv) Engaged in employment for eighty hours or more per month; or
(v) Not able to engage in any of the activities described in (b)(i) through (iv) of this subsection due to a documented medical condition.
(c) To be eligible for extended foster care services, the youth must have been dependent at the time that he or she reached age 18 years. If the dependency case of the youth was dismissed pursuant to RCW 13.34.267, he or she may receive extended foster care services pursuant to a voluntary placement agreement under RCW 74.13.336 or pursuant to an order of dependency issued by the court under RCW 13.34.268. A youth whose dependency case was dismissed by the court may request extended foster care services before reaching age 21 years. Eligible youths may unenroll and reenroll in extended foster care through a voluntary placement agreement an unlimited number of times between ages 18 and 21.
(d) The department shall not create additional eligibility requirements for extended foster care. The department shall develop and implement rules and policies designed to provide age-appropriate social work support for youth in extended foster care through a codesign process that includes those with lived experience in the foster care system.
(e) The department shall make efforts to ensure that extended foster care services maximize medicaid reimbursements. This must include the department ensuring that health and mental health extended foster care providers participate in medicaid, unless the condition of the extended foster care youth requires specialty care that is not available among participating medicaid providers or there are no participating medicaid providers in the area. The department shall coordinate other services to maximize federal resources and the most cost-efficient delivery of services to extended foster care youth.
(f) The department shall allow eligible youth to reenter the extended foster care program an unlimited number of times through a voluntary placement agreement.
(g) A youth enrolled in extended foster care may elect to receive a licensed foster care placement or may live independently. A youth who is not in a licensed foster care placement is eligible for a monthly supervised independent living subsidy effective the date the youth signs the voluntary placement agreement, agrees to dependency, or informs their social worker that they are living independently, whichever occurs first.
(h) The department shall pursue federal reimbursement, where appropriate, when a youth is residing in an approved supervised independent living setting. If the youth is not residing in an approved supervised independent living setting, the department is to work with the youth to help identify an appropriate living arrangement until the youth is living in a safe location approved by the department or the court. During this time, the department shall continue to pay the monthly supervised independent living subsidy.
(15) The department shall have authority to provide adoption support benefits on behalf of youth ages 18 to 21 years who achieved permanency through adoption at age 16 or older and who meet the criteria described in subsection (14)(b)(i) through (v) of this section.
(16) The department shall have the authority to provide guardianship subsidies on behalf of youth ages 18 to 21 who achieved permanency through guardianship and who meet the criteria described in subsection (14)(b)(i) through (v) of this section.
(17) 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 18 through 20 shall not be referred to the division of child support unless required by federal law.
(18) The department 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. The purchase of such care is exempt from the requirements of chapter 74.13B RCW and may be purchased from the federally recognized Indian tribe or tribally licensed child-placing agency, and 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, 43.185C.295, 74.13.035, and 74.13.036, or of this section all services to be provided by the department under subsections (6), (9), and (11) 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.
(19) The department may, within funds appropriated for guardianship subsidies, provide subsidies for eligible guardians who are appointed as guardian of an Indian child by the tribal court of a federally recognized tribe located in Washington state, as defined in RCW 13.38.040. The provision of subsidies shall be subject to the same eligibility standards and rates of support applicable to other children for whom the department provides subsidies. To be eligible, the guardian must either be certified by a department-licensed child-placing agency or licensed by a federally recognized tribe located in Washington state that is a Title IV-E agency, as defined in 45 C.F.R. 1355.20.
(20) Within amounts appropriated for this specific purpose, the department shall provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement.
(21) The department shall have authority to provide independent living services to youths, including individuals who have attained eighteen years of age, and have not attained twenty-three years of age, who are or have been in the department's care and custody, or who are or were nonminor dependents.
(22) The department 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 performing the duties and meeting the obligations specified in this section and RCW 74.13.250 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.
(23)(a) The department shall, within current funding levels, place on its public website 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.
(24)(a) The department shall have the authority to purchase legal representation for parents or kinship caregivers, or both, of children who are at risk of being dependent, or who are dependent, to establish or modify a parenting plan under RCW 13.34.155 or chapter 26.09, 26.26A, or 26.26B RCW or secure orders establishing other relevant civil legal relationships authorized by law, when it is necessary for the child's safety, permanence, or well-being. The department's purchase of legal representation for kinship caregivers must be within the department's appropriations. This subsection does not create an entitlement to legal representation purchased by the department and does not create judicial authority to order the department to purchase legal representation for a parent or kinship caregiver. Such determinations are solely within the department's discretion. The term "kinship caregiver" as used in this section means a caregiver who meets the definition of "kin" in RCW 74.13.600(1), unless the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. Sec. 1903. For an Indian child as defined in RCW 13.38.040 and 25 U.S.C. Sec. 1903, the term "kinship caregiver" as used in this section means a caregiver who is an "extended family member" as defined in RCW 13.38.040(8).
(b) The department is encouraged to work with the office of public defense parent representation program and the office of civil legal aid to develop a cost-effective system for providing effective civil legal representation for parents and kinship caregivers if it exercises its authority under this subsection.
[ 2024 c 298 s 8; 2024 c 192 s 5; 2023 c 221 s 3; 2020 c 274 s 61. Prior: 2019 c 172 s 8; 2019 c 46 s 5045; prior: 2018 c 284 s 37; 2018 c 80 s 1; 2018 c 34 s 5; prior: 2017 3rd sp.s. c 20 s 7; 2017 c 265 s 2; 2015 c 240 s 3; 2014 c 122 s 2; prior: 2013 c 332 s 10; (2013 c 332 s 9 expired December 1, 2013); 2013 c 32 s 2; (2013 c 32 s 1 expired December 1, 2013); prior: 2012 c 259 s 8; 2012 c 52 s 2; prior: 2011 c 330 s 5; 2011 c 160 s 2; prior: 2009 c 520 s 51; 2009 c 491 s 7; (2009 c 235 s 4 expired October 1, 2010); 2009 c 235 s 2; 2008 c 267 s 6; 2007 c 413 s 10; prior: 2006 c 266 s 1; 2006 c 221 s 3; 2004 c 183 s 3; 2001 c 192 s 1; 1999 c 267 s 8; 1998 c 314 s 10; prior: 1997 c 386 s 32; 1997 c 272 s 1; 1995 c 191 s 1; 1990 c 146 s 9; prior: 1987 c 505 s 69; 1987 c 170 s 10; 1983 c 246 s 4; 1982 c 118 s 3; 1981 c 298 s 16; 1979 ex.s. c 165 s 22; 1979 c 155 s 77; 1977 ex.s. c 291 s 22; 1975-'76 2nd ex.s. c 71 s 4; 1973 1st ex.s. c 101 s 2; 1967 c 172 s 17.]
Notes:
Reviser's note: This section was amended by 2024 c 192 s 5 and by 2024 c 298 s 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2024 c 298: See note following RCW 9A.40.100.
Findings—Intent—2024 c 192: See note following RCW 13.34.030.
Effective date—2018 c 34: See note following RCW 13.34.267.
Construction—Competitive procurement process and contract provisions—Conflict with federal requirements and Indian Child Welfare Act of 1978—2017 3rd sp.s. c 20: See notes following RCW 74.13.270.
Finding—Intent—2017 c 265: "The legislature finds that a large number of foster youth experience homelessness. The legislature intends that individuals who are eligible for extended foster care services are able to receive those services to help prevent them from experiencing homelessness. The 2016 office of homeless youth annual report identifies ensuring that youth exiting public systems are not released into homelessness as a goal and recommends expanding options for youth to enroll in extended foster care." [ 2017 c 265 s 1.]
Effective date—2015 c 240: See note following RCW 13.34.267.
Effective date—2014 c 122: See note following RCW 13.34.267.
Effective date—2013 c 332 ss 8 and 10: See note following RCW 74.13.020.
Expiration date—2013 c 332 ss 7 and 9: See note following RCW 74.13.020.
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.
Effective date—2013 c 32 s 2: "Section 2 of this act takes effect December 1, 2013." [ 2013 c 32 s 3.]
Expiration date—2013 c 32 s 1: "Section 1 of this act expires December 1, 2013." [ 2013 c 32 s 4.]
Effective date—2012 c 259 ss 1 and 3-10: See note following RCW 26.44.020.
Intent—2012 c 52: "Since 2006, under a program known as "foster care to 21," the Washington state legislature has provided services to young adults transitioning out of foster care in order for them to enroll in and complete their postsecondary educations. In 2008, the United States congress passed the fostering connections to success and increasing adoptions act of 2008, which allows states to receive a federal match for state dollars expended in supporting youth transitioning out of foster care. In 2011, the Washington state legislature opted to create the "extended foster care program," in order to receive the federal match for youth completing high school. It is the intent of this act to enable the state to receive the federal match to offset costs expended on supporting youth seeking postsecondary education. This act would result in these youth being served under the extended foster care program, for which there is a federal match, instead of the foster care to 21 program, which relies solely on state dollars. It is the intent of the legislature to allow all youth currently enrolled in the foster care to 21 program for the purposes of postsecondary education to remain enrolled until they turn twenty-one, are no longer otherwise eligible, or choose to leave the program. Within three years of June 7, 2012, the "foster care to 21" program will cease to operate, and youth seeking a postsecondary education will be solely served by the extended foster care program." [ 2012 c 52 s 1.]
Intent—2011 c 330: See note following RCW 13.04.011.
Findings—2011 c 160: "The legislature finds that foster parents are a critical piece of the dependency system. The legislature further finds that the majority of foster parents provide excellent care to children in the dependency system, many of whom have suffered serious damage in their families of origin. It is the legislature's belief that through the selfless dedication of many foster parents that abused and neglected children are able to heal and go on to lead productive lives. The legislature also believes that some foster parents act in ways that are damaging to the children in their care and it is the department of social and health services' responsibility to make sure all children in care are safe. The legislature finds that unannounced visits to caregivers' homes is another method by which the department of social and health services can make sure the children in foster care are safe." [ 2011 c 160 s 1.]
Effective date—2009 c 235 s 2: "Section 2 of this act takes effect October 1, 2010." [ 2009 c 235 s 7.]
Expiration date—2009 c 235 s 4: "Section 4 of this act expires October 1, 2010." [ 2009 c 235 s 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 s 1.]
Effective date—2008 c 267 s 6: "Section 6 of this act takes effect December 31, 2008." [ 2008 c 267 s 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 s 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 s 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 s 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 s 8.]
Effective date—1987 c 170 ss 10 and 11: "Sections 10 and 11 of this act shall take effect July 1, 1988." [ 1987 c 170 s 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.

catchline: Duties of department—Child welfare services—Children's services advisory committee.


title: RCW 74.13.0311

text:
The department may provide child welfare services pursuant to a deferred prosecution plan ordered under chapter 10.05 RCW. Child welfare services provided under this chapter pursuant to a deferred prosecution order may not be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or 26.44 RCW.
[ 2018 c 284 s 38; 2009 c 520 s 52; 2002 c 219 s 13.]
Notes:
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.

catchline: Services provided under deferred prosecution order.


title: RCW 74.13.035

text:
Crisis residential centers shall compile yearly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year. Such information shall include but shall not be limited to the following:
(1) The number, age, and sex of children admitted to custody;
(2) Who brought the children to the center;
(3) Services provided to children admitted to the center;
(4) The circumstances which necessitated the children being brought to the center;
(5) The ultimate disposition of cases;
(6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;
(7) Length of stay.
The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.
A center may, in addition to being licensed as such, also be licensed as a family foster home or group care facility and may house on the premises juveniles assigned for foster or group care.
[ 1979 c 155 s 81.]
Notes:
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Crisis residential centers—Annual records, contents—Multiple licensing.


title: RCW 74.13.036

text:
(1) The department shall oversee implementation of chapter 13.34 RCW and chapter 13.32A RCW. The oversight shall be comprised of working with affected parts of the criminal justice and child care systems as well as with local government, legislative, and executive authorities to effectively carry out these chapters. The department shall work with all such entities to ensure that chapters 13.32A and 13.34 RCW are implemented in a uniform manner throughout the state.
(2) The department shall develop a plan and procedures, in cooperation with the statewide advisory committee, to insure the full implementation of the provisions of chapter 13.32A RCW. Such plan and procedures shall include but are not limited to:
(a) Procedures defining and delineating the role of the department and juvenile court with regard to the execution of the child in need of services placement process;
(b) Procedures for designating department staff responsible for family reconciliation services;
(c) Procedures assuring enforcement of contempt proceedings in accordance with RCW 13.32A.170 and 13.32A.250; and
(d) Procedures for the continued education of all individuals in the criminal juvenile justice and child care systems who are affected by chapter 13.32A RCW, as well as members of the legislative and executive branches of government.
There shall be uniform application of the procedures developed by the department and juvenile court personnel, to the extent practicable. Local and regional differences shall be taken into consideration in the development of procedures required under this subsection.
(3) In addition to its other oversight duties, the department shall:
(a) Identify and evaluate resource needs in each region of the state;
(b) Disseminate information collected as part of the oversight process to affected groups and the general public;
(c) Educate affected entities within the juvenile justice and child care systems, local government, and the legislative branch regarding the implementation of chapters 13.32A and 13.34 RCW;
(d) Review complaints concerning the services, policies, and procedures of those entities charged with implementing chapters 13.32A and 13.34 RCW; and
(e) Report any violations and misunderstandings regarding the implementation of chapters 13.32A and 13.34 RCW.
[ 2018 c 284 s 39. Prior: 2009 c 520 s 54; 2009 c 518 s 5; 2003 c 207 s 2; 1996 c 133 s 37; 1995 c 312 s 65; 1989 c 175 s 147; 1987 c 505 s 70; 1985 c 257 s 11; 1981 c 298 s 18; 1979 c 155 s 82.]
Notes:
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1985 c 257: See note following RCW 13.34.165.
Severability—1981 c 298: See note following RCW 13.32A.040.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.

catchline: Implementation of chapters 13.32A and 13.34 RCW.


title: RCW 74.13.037

text:
Within available funds appropriated for this purpose, the department shall establish, through performance-based contracts with private vendors, transitional living programs for youth who are being assisted by the department in being emancipated as part of their permanency plan under chapter 13.34 RCW. These programs shall be licensed under rules adopted by the department.
[ 2009 c 520 s 55; 1997 c 146 s 9; 1996 c 133 s 39.]
Notes:
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.

catchline: Transitional living programs for youth in the process of being emancipated—Rules.


title: RCW 74.13.039

text:
The department shall maintain a toll-free hotline to assist parents of runaway children. The hotline shall provide parents with a complete description of their rights when dealing with their runaway child.
[ 2017 3rd sp.s. c 6 s 403; 1994 sp.s. c 7 s 501.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Runaway hotline.


title: RCW 74.13.042

text:
If the department is denied lawful access to records or information, or requested records or information is not provided in a timely manner, the department may petition the court for an order compelling disclosure.
(1) The petition shall be filed in the juvenile court for the county in which the record or information is located or the county in which the person who is the subject of the record or information resides. If the person who is the subject of the record or information is a party to or the subject of a pending proceeding under chapter 13.32A or 13.34 RCW, the petition shall be filed in such proceeding.
(2) Except as otherwise provided in this section, the persons from whom and about whom the record or information is sought shall be served with a summons and a petition at least seven calendar days prior to a hearing on the petition. The court may order disclosure upon ex parte application of the department, without prior notice to any person, if the court finds there is reason to believe access to the record or information is necessary to determine whether the child is in imminent danger and in need of immediate protection.
(3) The court shall grant the petition upon a showing that there is reason to believe that the record or information sought is necessary for the health, safety, or welfare of the child who is currently receiving child welfare services.
[ 2018 c 284 s 40; 2009 c 520 s 56; 1995 c 311 s 14.]

catchline: Petition for order compelling disclosure of record or information.


title: RCW 74.13.045

text:
The department shall develop and implement an informal, nonadversarial complaint resolution process to be used by clients of the department, foster parents, and other affected individuals who have complaints regarding a department policy or procedure, the application of such a policy or procedure, or the performance of an entity that has entered into a performance-based contract with the department, related to programs administered under this chapter. The process shall not apply in circumstances where the complainant has the right under Title 13, 26, or 74 RCW to seek resolution of the complaint through judicial review or through an adjudicative proceeding.
Nothing in this section shall be construed to create substantive or procedural rights in any person. Participation in the complaint resolution process shall not entitle any person to an adjudicative proceeding under chapter 34.05 RCW or to superior court review. Participation in the process shall not affect the right of any person to seek other statutorily or constitutionally permitted remedies.
The department shall develop procedures to assure that clients and foster parents are informed of the availability of the complaint resolution process and how to access it. The department shall incorporate information regarding the complaint resolution process into the training for foster parents and department caseworkers.
The department shall compile complaint resolution data including the nature of the complaint and the outcome of the process.
[ 2018 c 284 s 41; 2009 c 520 s 57; 1998 c 245 s 146; 1991 c 340 s 2.]
Notes:
Intent—1991 c 340: "It is the intent of the legislature to provide timely, thorough, and fair procedures for resolution of grievances of clients, foster parents, and the community resulting from decisions made by the department of social and health services related to programs administered pursuant to this chapter. Grievances should be resolved at the lowest level possible. However, all levels of the department should be accountable and responsible to individuals who are experiencing difficulties with agency services or decisions. It is the intent of the legislature that grievance procedures be made available to individuals who do not have other remedies available through judicial review or adjudicative proceedings." [ 1991 c 340 s 1.]

catchline: Complaint resolution process.


title: RCW 74.13.055

text:
The department shall adopt rules pursuant to chapter 34.05 RCW which establish goals as to the maximum number of children who will remain in foster care for a period of longer than twenty-four months.
[ 2018 c 284 s 42; 2009 c 520 s 58; 1998 c 245 s 147; 1982 c 118 s 1.]

catchline: Foster care—Length of stay.


title: RCW 74.13.060

text:
(1) The secretary or his or her designees or delegatees shall be the custodian without compensation of such moneys and other funds of any person which may come into the possession of the secretary during the period such person is placed with the department or an entity with which it has entered into a performance-based contract pursuant to chapter 74.13 RCW. As such custodian, the secretary shall have authority to disburse moneys from the person's funds for the following purposes only and subject to the following limitations:
(a) For such personal needs of such person as the secretary may deem proper and necessary; and
(b) Except as provided in RCW 74.13.337, against the amount of public assistance otherwise payable to such person, which includes applying, as reimbursement, any benefits, payments, funds, or accrual paid to or on behalf of said person from any source against the amount of public assistance expended on behalf of said person during the period for which the benefits, payments, funds or accruals were paid.
(2) All funds held by the secretary as custodian may be deposited in a single fund, the receipts and expenditures therefrom to be accurately accounted for by him or her on an individual basis. Whenever, the funds belonging to any one person exceed the sum of $2,000, the secretary may deposit said funds in a qualifying protected account for which the person is eligible, such as a Washington achieving a better life experience program account or a similar account, on behalf of that particular person.
(3) When the conditions of placement no longer exist and public assistance is no longer being provided for such person, upon a showing of legal competency and proper authority, the secretary shall deliver to such person, or the parent, person, or agency legally responsible for such person, all funds belonging to the person remaining in his or her possession as custodian, together with a full and final accounting of all receipts and expenditures made therefrom.
(4) The appointment of a guardian for the estate of such person shall terminate the secretary's authority as custodian of said funds upon receipt by the secretary of a certified copy of letters of guardianship. Upon the guardian's request, the secretary shall immediately forward to such guardian any funds of such person remaining in the secretary's possession together with full and final accounting of all receipts and expenditures made therefrom.
[ 2026 c 92 s 2; 2009 c 520 s 59; 1971 ex.s. c 169 s 7.]

catchline: Secretary as custodian of funds of person placed with department or its agent—Authority—Limitations—Termination.


title: RCW 74.13.062

text:
(1) The department shall adopt rules consistent with federal regulations for the receipt and expenditure of state and federal funds and implement a subsidy program for eligible guardians appointed by the court under RCW 13.36.050, guardians of a minor appointed under RCW 11.130.215, or guardians of an Indian child who receive guardianship subsidies as provided in RCW 74.13.031.
(2) For the purpose of licensing a relative seeking to be appointed as a guardian and eligible for a guardianship subsidy under this section, the department shall, on a case-by-case basis, and when determined to be in the best interests of the child:
(a) Waive nonsafety licensing standards; and
(b) Apply the list of disqualifying crimes in the adoption and safe families act, unless doing so would compromise the child's safety, or would adversely affect the state's ability to continue to obtain federal funding for child welfare related functions.
(3) Guardianship subsidy agreements shall be designed to promote long-term permanency for the child, and may include provisions for periodic review of the subsidy amount and the needs of the child.
[ 2023 c 221 s 2; 2022 c 127 s 4; 2017 3rd sp.s. c 6 s 404; 2010 c 272 s 12.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

catchline: Eligible guardians—Receipt and expenditure of federal funds—Implementation of subsidy program—Department to adopt rules—Relative guardianship subsidy agreements.


title: RCW 74.13.065

text:
(1) The department shall conduct a social study whenever a child is placed in out-of-home care under the supervision of the department. The study shall be conducted prior to placement, or, if it is not feasible to conduct the study prior to placement due to the circumstances of the case, the study shall be conducted as soon as possible following placement.
(2) The social study shall include, but not be limited to, an assessment of the following factors:
(a) The physical and emotional strengths and needs of the child;
(b) Emotional bonds with siblings and the need to maintain regular sibling contacts;
(c) The proximity of the child's placement to the child's family to aid reunification;
(d) The possibility of placement with the child's relatives or extended family;
(e) The racial, ethnic, cultural, and religious background of the child;
(f) The least-restrictive, most family-like placement reasonably available and capable of meeting the child's needs; and
(g) Compliance with RCW 13.34.260 regarding parental preferences for placement of their children.
[ 2018 c 284 s 43; 2009 c 520 s 60; 2002 c 52 s 8; 1995 c 311 s 26.]
Notes:
Intent—2002 c 52: See note following RCW 13.34.025.

catchline: Out-of-home care—Social study required.


title: RCW 74.13.070

text:
None of the moneys or other funds which come into the possession of the secretary under chapter 169, Laws of 1971 ex. sess. shall be subject to execution, levy, attachment, garnishment or other legal process or other operation of any bankruptcy or insolvency law.
[ 1971 ex.s. c 169 s 8.]

catchline: Moneys in possession of secretary not subject to certain proceedings.


title: RCW 74.13.075

text:
(1) For the purposes of funds appropriated for the treatment of sexually aggressive youth, the term "sexually aggressive youth" means those juveniles who:
(a) Have been abused and have committed a sexually aggressive act or other violent act that is sexual in nature; and
(i) Are in the care and custody of the state or a federally recognized Indian tribe located within the state; or
(ii) Are the subject of a proceeding under chapter 13.34 RCW or a child welfare proceeding held before a tribal court located within the state; or
(b) Cannot be detained under the juvenile justice system due to being under age twelve and incompetent to stand trial for acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030 if the juvenile was over twelve years of age, or competent to stand trial if under twelve years of age.
(2) The department may offer appropriate available services and treatment to a sexually aggressive youth and his or her parents or legal guardians as provided in this section and may refer the child and his or her parents to appropriate treatment and services available within the community, regardless of whether the child is the subject of a proceeding under chapter 13.34 RCW.
(3) In expending these funds, the department shall establish in each region a case review committee to review all cases for which the funds are used. In determining whether to use these funds in a particular case, the committee shall consider:
(a) The age of the juvenile;
(b) The extent and type of abuse to which the juvenile has been subjected;
(c) The juvenile's past conduct;
(d) The benefits that can be expected from the treatment;
(e) The cost of the treatment; and
(f) The ability of the juvenile's parent or guardian to pay for the treatment.
(4) The department may provide funds, under this section, for youth in the care and custody of a tribe or through a tribal court, for the treatment of sexually aggressive youth only if: (a) The tribe uses the same or equivalent definitions and standards for determining which youth are sexually aggressive; and (b) the department seeks to recover any federal funds available for the treatment of youth.
(5) A juvenile's status as a sexually aggressive youth, and any protective plan, services, and treatment plans and progress reports provided with these funds are confidential and not subject to public disclosure by the department. This information shall be shared with relevant juvenile care agencies, law enforcement agencies, and schools, but remains confidential and not subject to public disclosure by those agencies.
[ 2009 c 520 s 61; 2009 c 250 s 2; 1994 c 169 s 1. Prior: 1993 c 402 s 3; 1993 c 146 s 1; 1990 c 3 s 305.]
Notes:
Reviser's note: This section was amended by 2009 c 250 s 2 and by 2009 c 520 s 61, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—2009 c 250: "The legislature finds that children who commit sexually aggressive acts are at risk of repeating such behavior if they and their families do not receive treatment and counseling. This is especially true of children under the age of twelve who are referred to the department of social and health services by a prosecuting attorney pursuant to RCW 26.44.160. To reduce the number of future victims of sexual abuse and to reduce recidivism of children who commit sexually aggressive acts the legislature finds that all such children and their families, including children who are referred by prosecutors pursuant to RCW 26.44.160, be eligible for treatment regardless of whether they are the subject of a proceeding under chapter 13.34 RCW." [ 2009 c 250 s 1.]

catchline: Sexually aggressive youth—Defined—Services—Expenditure of treatment funds—Tribal jurisdiction—Information sharing and confidentiality.


title: RCW 74.13.077

text:
The secretary is authorized to transfer surplus, unused treatment funds from the civil commitment center operated under chapter 71.09 RCW to the division of children and family services to provide treatment services for sexually aggressive youth.
[ 2009 c 520 s 62; 1993 c 402 s 4.]

catchline: Sexually aggressive youth—Transfer of surplus funds for treatment.


title: RCW 74.13.080

text:
The department shall not make payment for any child in group care placement unless the group home is licensed and the department has the custody of the child and the authority to remove the child in a cooperative manner after at least seventy-two hours notice to the child care provider; such notice may be waived in emergency situations. However, this requirement shall not be construed to prohibit the department from making or mandate the department to make payment for Indian children placed in facilities licensed by federally recognized Indian tribes pursuant to chapter 74.15 RCW.
[ 1987 c 170 s 11; 1982 c 118 s 2.]
Notes:
Effective date—1987 c 170 ss 10 and 11: See note following RCW 74.13.031.
Severability—1987 c 170: See note following RCW 13.04.030.

catchline: Group care placement—Prerequisites for payment.


title: RCW 74.13.1051

text:
(1) In order to proactively support foster youth to complete high school, enroll and complete postsecondary education, and successfully implement their own plans for their futures, the department, the student achievement council, and the office of the superintendent of public instruction shall enter into, or revise existing, memoranda of understanding that:
(a) Facilitate student referral, data and information exchange, agency roles and responsibilities, and cooperation and collaboration among state agencies and nongovernmental entities; and
(b) Effectuate the transfer of responsibilities from the department to the office of the superintendent of public instruction with respect to the programs in RCW 28A.300.592, and from the department to the student achievement council with respect to the program in RCW 28B.77.250 in a smooth, expedient, and coordinated fashion.
(2) The student achievement council and the office of the superintendent of public instruction shall establish a set of indicators relating to the outcomes provided in RCW 28A.300.590 and 28A.300.592 to provide consistent services for youth, facilitate transitions among contractors, and support outcome-driven contracts. The student achievement council and the superintendent of public instruction shall collaborate with nongovernmental contractors and the department to develop a list of the most critical indicators, establishing a common set of indicators to be used in the outcome-driven contracts in RCW 28A.300.590 and 28A.300.592.
[ 2020 c 233 s 3; 2017 3rd sp.s. c 6 s 405; 2016 c 71 s 6.]
Notes:
Findings—Intent—2020 c 233: "(1) The legislature finds that students in foster care, experiencing homelessness, or both, have the lowest high school graduation and postsecondary completion outcomes compared to other student populations. The legislature also finds that these students change schools at significantly higher rates than their general student population peers, and that these changes can disrupt academic progress. The legislature further finds that these students have disproportionate suspension and expulsion rates, and require special education services at much higher rates than other students.
(2) The legislature acknowledges that, as a result, only forty-six percent of Washington students who experienced foster care during high school, and fifty-five percent of students experiencing homelessness, graduated from high school on time in 2018. By comparison, the statewide four-year graduation rate for the class of 2019 was nearly eighty-one percent. Furthermore, students of color are disproportionately represented in the foster care system and in homeless student populations, and their academic outcomes are significantly lower than their white peers. Additionally, students who do not achieve positive education outcomes experience high rates of unemployment, poverty, adult homelessness, and incarceration.
(3) The legislature, therefore, intends to provide the opportunity for an equitable education for students in foster care, experiencing homelessness, or both. In accomplishing this goal, the legislature intends to achieve parity in education outcomes for these students, both in comparison to their general student population peers and throughout the education continuum of prekindergarten to postsecondary education.
(4) In 2018 the legislature directed the department of children, youth, and families and other entities in chapter 299, Laws of 2018, to convene a work group focused on students in foster care and students experiencing homelessness. The legislature resolves to continue this work group to improve education outcomes for these students." [ 2020 c 233 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—2016 c 71: See note following RCW 28A.300.590.

catchline: Foster youth education and plans for the future—Memoranda of understanding among agencies—Transfer of responsibilities from the department—Indicators relating to education outcomes.


title: RCW 74.13.107

text:
Notes:
Reviser's note: RCW 74.13.107 was amended by 2017 3rd sp.s. c 6 s 406 without reference to its repeal by 2017 3rd sp.s. c 20 s 15. It has been decodified for publication purposes under RCW 1.12.025.

catchline: Child and family reinvestment account—Methodology for calculating savings resulting from reductions in foster care caseloads and per capita costs.


title: RCW 74.13.110

text:
(1) The department of children, youth, and families contracted services performance improvement account is created in the state treasury. Moneys in the account may be spent only after appropriation. Moneys in the account may be expended solely to improve contracted services provided to clients under the agency's program areas, including child welfare, early learning, family support, and adolescents, to support (a) achieving permanency for children; (b) improving foster home retention and stability of placements; (c) improving and increasing placement options for youth in out-of-home care; (d) preventing out-of-home placement; and (e) achieving additional, measurable department of children, youth, and families outcome goals adopted by the department.
(2) Revenues to the department of children, youth, and families contracted services performance improvement account consist of: (a) Legislative appropriations; and (b) any other public or private funds appropriated to or deposited in the account.
[ 2019 c 470 s 16; 2017 3rd sp.s. c 20 s 14.]
Notes:
Construction—Competitive procurement process and contract provisions—Conflict with federal requirements and Indian Child Welfare Act of 1978—2017 3rd sp.s. c 20: See notes following RCW 74.13.270.

catchline: Contracted services performance improvement account.


title: RCW 74.13.170

text:
The department may, through performance-based contracts with agencies, implement a therapeutic family home program for up to fifteen youth in the custody of the department under chapter 13.34 RCW. The program shall strive to develop and maintain a mutually reinforcing relationship between the youth and the therapeutic staff associated with the program.
[ 2018 c 284 s 44; 2009 c 520 s 70; 1991 c 326 s 2.]

catchline: Therapeutic family home program for youth in custody under chapter 13.34 RCW.


title: RCW 74.13.232

text:
The department's duty to provide services to homeless families with children is set forth in RCW 43.20A.790 and in appropriations provided by the legislature for implementation of the comprehensive plan for homeless families with children.
[ 2009 c 520 s 50.]

catchline: Services to homeless families.


title: RCW 74.13.242

text:
Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a pilot program to include third-party safety plan participants and public health nurses in child protective services safety planning. The pilot program established in this section must:
(1) Include contracts in up to four department offices for third-party safety plan participants and public health nurses to support child protective services workers in safety planning; and
(2) Provide support for cases involving high-potency synthetic opioids and families who do not have natural supports to aid in safety planning.
[ 2024 c 328 s 206.]
Notes:
Findings—Intent—2024 c 328: See note following RCW 13.34.050.

catchline: Safety plan—Participants—High-potency synthetic opioids.


title: RCW 74.13.244

text:
The department shall make available to department staff high-potency synthetic opioid testing strips that can detect the presence of high-potency synthetic opioids that may be provided to families for personal use or used by department staff to maintain their safety.
[ 2024 c 328 s 207.]
Notes:
Findings—Intent—2024 c 328: See note following RCW 13.34.050.

catchline: Testing strips—High-potency synthetic opioid.


title: RCW 74.13.250

text:
(1) Preservice training is recognized as a valuable tool to reduce placement disruptions, the length of time children are in care, and foster parent turnover rates. Preservice training also assists potential foster parents in making their final decisions about foster parenting and assists social service agencies in obtaining information about whether to approve potential foster parents.
(2) Foster parent preservice training shall include information about the potential impact of placement on foster children; social service agency administrative processes; the requirements, responsibilities, expectations, and skills needed to be a foster parent; attachment, separation, and loss issues faced by birth parents, foster children, and foster parents; child management and discipline; birth family relationships; information on the limits of the adoption support program as provided in RCW 74.13A.020(4); and helping children leave foster care. Preservice training shall assist applicants in making informed decisions about whether they want to be foster parents. Preservice training shall be designed to enable the agency to assess the ability, readiness, and appropriateness of families to be foster parents. As a decision tool, effective preservice training provides potential foster parents with enough information to make an appropriate decision, affords potential foster parents an opportunity to discuss their decision with others and consider its implications for their family, clarifies foster family expectations, presents a realistic picture of what foster parenting involves, and allows potential foster parents to consider and explore the different types of children they might serve.
(3) Foster parents shall complete preservice training before the issuance of a foster care license, except that the department may, on a case by case basis, issue a written waiver that allows the foster parent to complete the training after licensure, so long as the training is completed within ninety days following licensure.
(4) All components of the foster parent preservice training shall be made available online. The department shall allow individuals to complete as much online preservice training as is practicable while requiring that some preservice training be completed in person.
[ 2018 c 20 s 1. Prior: 2009 c 520 s 71; 2009 c 491 s 10; 1990 c 284 s 2.]
Notes:
Finding—1990 c 284: "The legislature finds that the foster care system plays an important role in preserving families and giving consistent and nurturing care to children placed in its care. The legislature further finds that foster parents play an integral and important role in the system and particularly in the child's chances for the earliest possible reunification with his or her family." [ 1990 c 284 s 1.]
Effective date—1990 c 284: "This act shall take effect July 1, 1990, however the secretary may immediately take any steps necessary to ensure implementation of section 17 of this act on July 1, 1990." [ 1990 c 284 s 27.]

catchline: Preservice training—Foster parents.


title: RCW 74.13.260

text:
Regular on-site monitoring of foster homes to assure quality care improves care provided to children in family foster care. An on-site monitoring program shall be established by the department to assure quality care and regularly identify problem areas. Monitoring shall be done by the department on a random sample basis of no less than ten percent of the total licensed family foster homes licensed by the department on July 1 of each year.
[ 1998 c 245 s 148; 1990 c 284 s 4.]
Notes:
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: On-site monitoring program.


title: RCW 74.13.270

text:
(1) The legislature recognizes the need for temporary short-term relief for foster parents who care for children with emotional, mental, or physical disabilities. For purposes of this section, respite care means appropriate, temporary, short-term care for these foster children placed with licensed foster parents. The purpose of this care is to give the foster parents temporary relief from the stresses associated with the care of these foster children. The department shall design a program of respite care that will minimize disruptions to the child and will serve foster parents within these priorities, based on input from foster parents, foster parent associations, and reliable research if available.
(2)(a) For the purposes of this section, and subject to funding appropriated specifically for this purpose, short-term support shall include case aides who provide temporary assistance to foster parents as needed with the overall goal of supporting the parental efforts of the foster parents except that this assistance shall not include overnight assistance. The department shall contract with nonprofit community-based organizations in each region to establish a statewide pool of individuals to provide the support described in this subsection. These individuals shall be employees or volunteers with the nonprofit community-based organization and shall have the appropriate training, background checks, and qualifications as determined by the department. Short-term support as described in this subsection shall be available to all licensed foster parents in the state as funding is available and shall be phased in by geographic region. To obtain the assistance of a case aide for this purpose, the foster parent may request the services from the nonprofit community-based organization and the nonprofit community-based organization may offer assistance to licensed foster families. If the requests for the short-term support provided in this subsection exceed the funding available, the nonprofit community-based organization shall have discretion to determine the assignment of case aides. The nonprofit community-based organization shall report all short-term support provided under this subsection to the department.
(b) Costs associated with case aides as described in this subsection shall not be included in the forecast.
(c) Pursuant to RCW 41.06.142, performance-based contracting under (a) of this subsection is expressly mandated by the legislature and is not subject to the processes set forth in RCW 41.06.142.
[ 2024 c 156 s 1; 2019 c 470 s 29; 2017 3rd sp.s. c 20 s 1; 1990 c 284 s 8.]
Notes:
Construction—Competitive procurement process and contract provisions—2017 3rd sp.s. c 20: "Pursuant to RCW 41.06.142(3), the competitive procurement process and contract provisions in this act are expressly mandated by the legislature and are not subject to the processes of RCW 41.06.142 (1), (4), and (5)." [ 2017 3rd sp.s. c 20 s 19.]
Conflict with federal requirements and Indian Child Welfare Act of 1978—2017 3rd sp.s. c 20: "If any part of this act is found to be in conflict with P.L. 95-608 Indian Child Welfare Act of 1978 or federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements of P.L. 95-608 Indian Child Welfare Act of 1978 and federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2017 3rd sp.s. c 20 s 23.]
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Respite care.


title: RCW 74.13.280

text:
(1) Except as provided in RCW 70.02.220, whenever a child is placed in out-of-home care by the department or with an agency, the department or agency shall share information known to the department or agency about the child and the child's family with the care provider and shall consult with the care provider regarding the child's case plan. If the child is dependent pursuant to a proceeding under chapter 13.34 RCW, the department or agency shall keep the care provider informed regarding the dates and location of dependency review and permanency planning hearings pertaining to the child.
(2) Information about the child and the child's family shall include information known to the department or agency as to whether the child is a sexually reactive child, has exhibited high-risk behaviors, or is physically assaultive or physically aggressive, as defined in this section.
(3) Information about the child shall also include information known to the department or agency that the child:
(a) Has received a medical diagnosis of fetal alcohol syndrome or fetal alcohol effect;
(b) Has been diagnosed by a qualified mental health professional as having a mental health disorder;
(c) Has witnessed a death or substantial physical violence in the past or recent past; or
(d) Was a victim of sexual or severe physical abuse in the recent past.
(4) Any person who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information except as authorized by law. Care providers shall agree in writing to keep the information that they receive confidential and shall affirm that the information will not be further disclosed or disseminated, except as authorized by law.
(5) Nothing in this section shall be construed to limit the authority of the department or an agency to disclose client information or to maintain client confidentiality as provided by law.
(6) The department may share the following mental health treatment records with a care provider, even if the child does not consent to releasing those records, if the department has initiated treatment pursuant to RCW 71.34.600 through 71.34.670:
(a) Diagnosis;
(b) Treatment plan and progress in treatment;
(c) Recommended medications, including risks, benefits, side effects, typical efficacy, dose, and schedule;
(d) Psychoeducation about the child's mental health;
(e) Referrals to community resources;
(f) Coaching on parenting or behavioral management strategies; and
(g) Crisis prevention planning and safety planning.
(7) The department may not share substance use disorder treatment records with a care provider without the written consent of the child except as permitted by federal law.
(8) For the purposes of this section:
(a) "Sexually reactive child" means a child who exhibits sexual behavior problems including, but not limited to, sexual behaviors that are developmentally inappropriate for their age or are harmful to the child or others.
(b) "High-risk behavior" means an observed or reported and documented history of one or more of the following:
(i) Suicide attempts or suicidal behavior or ideation;
(ii) Self-mutilation or similar self-destructive behavior;
(iii) Fire-setting or a developmentally inappropriate fascination with fire;
(iv) Animal torture;
(v) Property destruction; or
(vi) Substance or alcohol abuse.
(c) "Physically assaultive or physically aggressive" means a child who exhibits one or more of the following behaviors that are developmentally inappropriate and harmful to the child or to others:
(i) Observed assaultive behavior;
(ii) Reported and documented history of the child willfully assaulting or inflicting bodily harm; or
(iii) Attempting to assault or inflict bodily harm on other children or adults under circumstances where the child has the apparent ability or capability to carry out the attempted assaults including threats to use a weapon.
(d) "Care provider" means a person with whom a child is placed in out-of-home care, or a designated official for a group care facility licensed by the department.
[ 2019 c 381 s 21; 2018 c 284 s 45; 2013 c 200 s 28; 2009 c 520 s 72. Prior: 2007 c 409 s 6; 2007 c 220 s 4; 2001 c 318 s 3; 1997 c 272 s 7; 1995 c 311 s 21; 1991 c 340 s 4; 1990 c 284 s 10.]
Notes:
Short title—2019 c 381: See note following RCW 71.34.500.
Effective date—2013 c 200: See note following RCW 70.02.010.
Effective date—2007 c 409: See note following RCW 13.34.096.
Effective date—1997 c 272: See note following RCW 74.13.031.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Client information.


title: RCW 74.13.283

text:
(1) For the purpose of assisting foster youth in obtaining a Washington state identicard, submission of the information and materials listed in this subsection from the department to the department of licensing is sufficient proof of identity and residency and shall serve as the necessary authorization for the youth to apply for and obtain a Washington state identicard:
(a) A written signed statement prepared on department letterhead, verifying the following:
(i) The youth is a minor who resides in Washington;
(ii) Pursuant to a court order, the youth is dependent and the department is the legal custodian of the youth under chapter 13.34 RCW or under the interstate compact on the placement of children;
(iii) The youth's full name and date of birth;
(iv) The youth's social security number, if available;
(v) A brief physical description of the youth;
(vi) The appropriate address to be listed on the youth's identicard; and
(vii) Contact information for the appropriate person with the department.
(b) A photograph of the youth, which may be digitized and integrated into the statement.
(2) The department may provide the statement and the photograph via any of the following methods, whichever is most efficient or convenient:
(a) Delivered via first-class mail or electronically to the headquarters office of the department of licensing; or
(b) Hand-delivered to a local office of the department of licensing by a department caseworker.
(3) A copy of the statement shall be provided to the youth who shall provide the copy to the department of licensing when making an in-person application for a Washington state identicard.
(4) To the extent other identifying information is readily available, the department shall include the additional information with the submission of information required under subsection (1) of this section.
[ 2018 c 284 s 46; 2009 c 520 s 73; 2008 c 267 s 7.]

catchline: Washington state identicards—Foster youth.


title: RCW 74.13.285

text:
(1) Within available resources, the department shall prepare a passport containing all known and available information concerning the mental, physical, health, and educational status of the child for any child who has been in a foster home for ninety consecutive days or more. The passport shall contain education records obtained pursuant to RCW 28A.150.510. The passport shall be provided to a foster parent at any placement of a child covered by this section. The department shall update the passport during the regularly scheduled court reviews required under chapter 13.34 RCW.
New placements shall have first priority in the preparation of passports.
(2) In addition to the requirements of subsection (1) of this section, the department shall, within available resources, notify a foster parent before placement of a child of any known health conditions that pose a serious threat to the child and any known behavioral history that presents a serious risk of harm to the child or others.
(3) The department shall hold harmless the provider for any unauthorized disclosures caused by the department.
(4) Any foster parent who receives information about a child or a child's family pursuant to this section shall keep the information confidential and shall not further disclose or disseminate the information, except as authorized by law. Such individuals shall agree in writing to keep the information that they receive confidential and shall affirm that the information will not be further disclosed or disseminated, except as authorized by law.
[ 2018 c 284 s 47; 2009 c 520 s 74; 2007 c 409 s 7; 2000 c 88 s 2; 1997 c 272 s 5.]
Notes:
Effective date—2007 c 409: See note following RCW 13.34.096.
Effective date—1997 c 272: See note following RCW 74.13.031.

catchline: Passports—Information to be provided to foster parents.


title: RCW 74.13.287

text:
The legislature intends to establish a policy with the goal of ensuring that the health and well-being of both infants in foster care and the families providing for their care are protected.
[ 2004 c 40 s 1.]

catchline: Intent—Infant, foster family health.


title: RCW 74.13.288

text:
The department of health shall develop recommendations concerning evidence-based practices for testing for blood-borne pathogens of children under one year of age who have been placed in out-of-home care and shall identify the specific pathogens for which testing is recommended.
[ 2009 c 520 s 75; 2004 c 40 s 2.]

catchline: Blood-borne pathogens—Testing.


title: RCW 74.13.289

text:
(1) Upon any placement, the department shall inform each out-of-home care provider if the child to be placed in that provider's care is infected with a blood-borne pathogen, and shall identify the specific blood-borne pathogen for which the child was tested if known by the department.
(2) All out-of-home care providers licensed by the department shall receive training related to blood-borne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.
(3) Any disclosure of information related to HIV must be in accordance with RCW 70.02.220.
(4) The department of health shall identify by rule the term "blood-borne pathogen" as used in this section.
[ 2018 c 284 s 48; 2013 c 200 s 29; 2009 c 520 s 76; 2004 c 40 s 3.]
Notes:
Effective date—2013 c 200: See note following RCW 70.02.010.


title: RCW 74.13.290

text:
(1) To provide stability to children in out-of-home care, placement selection shall be made with a view toward the fewest possible placements for each child. If possible, the initial placement shall be viewed as the only placement for the child. Pursuant to RCW 13.34.060 and 13.34.130, placement of the child with a relative or other suitable person is the preferred option. The use of short-term interim placements of thirty days or less to protect the child's health or safety while the placement of choice is being arranged is not a violation of this principle.
(2) If a child has been previously placed in out-of-home care and is subsequently returned to out-of-home care, and the department cannot locate an appropriate and available relative or other suitable person, the preferred placement for the child is in a foster family home where the child previously was placed, if the following conditions are met:
(a) The foster family home is available and willing to care for the child;
(b) The foster family is appropriate and able to meet the child's needs; and
(c) The placement is in the best interest of the child.
[ 2009 c 482 s 1; 1990 c 284 s 11.]
Notes:
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Fewest possible placements for children—Preferred placements.


title: RCW 74.13.300

text:
(1) Whenever a child has been placed in a foster family home by the department and the child has thereafter resided in the home for at least ninety consecutive days, the department shall notify the foster family at least five days prior to moving the child to another placement, unless:
(a) A court order has been entered requiring an immediate change in placement;
(b) The child is being returned home;
(c) The child's safety is in jeopardy; or
(d) The child is residing in a receiving home or a group home.
(2) If the child has resided in a foster family home for less than ninety days or if, due to one or more of the circumstances in subsection (1) of this section, it is not possible to give five days' notification, the department shall notify the foster family of proposed placement changes as soon as reasonably possible.
(3) This section is intended solely to assist in minimizing disruption to the child in changing foster care placements. Nothing in this section shall be construed to require that a court hearing be held prior to changing a child's foster care placement nor to create any substantive custody rights in the foster parents.
[ 2018 c 284 s 49; 2009 c 520 s 77; 1990 c 284 s 12.]
Notes:
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Notification of proposed placement changes.


title: RCW 74.13.310

text:
Adequate foster parent training has been identified as directly associated with increasing the length of time foster parents are willing to provide foster care and reducing the number of placement disruptions for children. Placement disruptions can be harmful to children by denying them consistent and nurturing support. Foster parents have expressed the desire to receive training in addition to the foster parent training currently offered. Foster parents who care for more demanding children, such as children with severe disabilities, would especially benefit from additional training. The department shall develop additional training for foster parents that focuses on skills to assist foster parents in caring for children with disabilities.
[ 2020 c 274 s 62; 2018 c 284 s 50; 2009 c 520 s 78; 1990 c 284 s 13.]
Notes:
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Foster parent training.


title: RCW 74.13.315

text:
The department may provide child care for all foster parents who are required to attend department-sponsored meetings or training sessions. If the department does not provide such child care, the department, where feasible, shall conduct the activities covered by this section in the foster parent's home or other location acceptable to the foster parent.
[ 2018 c 284 s 51; 2009 c 520 s 79; 1997 c 272 s 6.]
Notes:
Effective date—1997 c 272: See note following RCW 74.13.031.

catchline: Child care for foster parents attending meetings or training.


title: RCW 74.13.325

text:
Within available resources, the department shall increase the number of adoptive and foster families available to accept children through an intensive recruitment and retention program.
[ 2018 c 284 s 52; 2009 c 520 s 81; 1997 c 272 s 3.]
Notes:
Effective date—1997 c 272: See note following RCW 74.13.031.

catchline: Foster care and adoptive home recruitment program.


title: RCW 74.13.330

text:
Foster parents are responsible for the protection, care, supervision, and nurturing of the child in placement. As an integral part of the foster care team, foster parents shall, if appropriate and they desire to: Participate in the development of the service plan for the child and the child's family; assist in family visitation, including monitoring; model effective parenting behavior for the natural family; and be available to help with the child's transition back to the natural family.
[ 2007 c 410 s 7; 1990 c 284 s 23.]
Notes:
Short title—2007 c 410: See note following RCW 13.34.138.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.

catchline: Responsibilities of foster parents.


title: RCW 74.13.332

text:
Foster parents have the right to be free of coercion, discrimination, and reprisal in serving foster children, including the right to voice grievances about treatment furnished or not furnished to the foster child.
[ 2001 c 318 s 1.]

catchline: Rights of foster parents.


title: RCW 74.13.333

text:
(1) A foster parent who believes that a department employee has retaliated against the foster parent or in any other manner discriminated against the foster parent because:
(a) The foster parent made a complaint with the office of the family and children's ombuds, the attorney general, law enforcement agencies, or the department provided information, or otherwise cooperated with the investigation of such a complaint;
(b) The foster parent has caused to be instituted any proceedings under or related to Title 13 RCW;
(c) The foster parent has testified or is about to testify in any proceedings under or related to Title 13 RCW;
(d) The foster parent has advocated for services on behalf of the foster child;
(e) The foster parent has sought to adopt a foster child in the foster parent's care; or
(f) The foster parent has discussed or consulted with anyone concerning the foster parent's rights under this chapter or chapter 74.15 or 13.34 RCW, may file a complaint with the office of the family and children's ombuds.
(2) The ombuds may investigate the allegations of retaliation. The ombuds shall have access to all relevant information and resources held by or within the department by which to conduct the investigation. Upon the conclusion of its investigation, the ombuds shall provide its findings in written form to the department.
(3) The department shall notify the office of the family and children's ombuds in writing, within thirty days of receiving the ombuds's findings, of any personnel action taken or to be taken with regard to the department employee.
(4) The office of the family and children's ombuds shall also include its recommendations regarding complaints filed under this section in its annual report pursuant to RCW 43.06A.030. The office of the family and children's ombuds shall identify trends which may indicate a need to improve relations between the department and foster parents.
[ 2018 c 284 s 53; 2013 c 23 s 206. Prior: 2009 c 520 s 82; 2009 c 491 s 11; 2004 c 181 s 1.]

catchline: Rights of foster parents—Complaints—Investigation—Notice of any personnel action—Report.


title: RCW 74.13.334

text:
The department shall develop procedures for responding to recommendations of the office of the family and children's ombuds as a result of any and all complaints filed by foster parents under RCW 74.13.333.
[ 2018 c 284 s 54; 2013 c 23 s 207; 2009 c 520 s 83; 2004 c 181 s 2.]

catchline: Department procedures to respond to foster parents' complaints.


title: RCW 74.13.335

text:
Within available funds and subject to such conditions and limitations as may be established by the department or by the legislature in the omnibus appropriations act, the department shall reimburse foster parents for property damaged or destroyed by foster children placed in their care. The department shall establish by rule a maximum amount that may be reimbursed for each occurrence. The department shall reimburse the foster parent for the replacement value of any property covered by this section. If the damaged or destroyed property is covered and reimbursed under an insurance policy, the department shall reimburse foster parents for the amount of the deductible associated with the insurance claim, up to the limit per occurrence as established by the department.
[ 2017 3rd sp.s. c 6 s 407; 1999 c 338 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—1999 c 338: "The legislature recognizes that Washington state is experiencing a significant shortage of quality foster homes and that the majority of children entering the system are difficult to place due to their complex needs. The legislature intends to provide additional assistance to those families willing to serve as foster parents." [ 1999 c 338 s 1.]