title: RCW 74.13A.025

text:
The factors to be considered by the secretary in setting the amount of any payment or payments to be made pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 and in adjusting standards hereunder shall include: The size of the family including the adoptive child, the usual living expenses of the family, the special needs of any family member including education needs, the family income, the family resources and plan for savings, the medical and hospitalization needs of the family, the family's means of purchasing or otherwise receiving such care, and any other expenses likely to be needed by the child to be adopted. In setting the amount of any initial payment made pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, the secretary is authorized to establish maximum payment amounts that are reasonable and allow permanency planning goals related to adoption of children under RCW 13.34.145 to be achieved at the earliest possible date. To encourage adoption of children between the ages of fourteen and eighteen, and in particular those children between the ages of fourteen and eighteen who are hard to place for adoption, the secretary is authorized to include as part of any new negotiated adoption agreement executed after October 19, 2017, continued eligibility for the Washington college bound scholarship pursuant to RCW 28B.118.010.
The amounts paid for the support of a child pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 may vary from family to family and from year to year. Due to changes in economic circumstances or the needs of the child such payments may be discontinued and later resumed.
Payments under RCW 26.33.320 and 74.13A.005 through 74.13A.080 may be continued by the secretary subject to review as provided for herein, if such parent or parents having such child in their custody establish their residence in another state or a foreign jurisdiction.
In fixing the standards to govern the amount and character of payments to be made for the support of adopted children pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 and before issuing rules and regulations to carry out the provisions of RCW 26.33.320 and 74.13A.005 through 74.13A.080, the secretary shall consider the comments and recommendations of the committee designated by the secretary to advise him or her with respect to child welfare.
[ 2017 3rd sp.s. c 20 s 8; 2013 c 23 s 210; 1996 c 130 s 1; 1985 c 7 s 136; 1971 ex.s. c 63 s 5. Formerly RCW 74.13.112.]
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: Factors determining payments or adjustment in standards.


doc_type: statute

jurisdiction: wa

title: RCW 74.13A.030

text:
To carry out the program authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080, the secretary may make continuing payments or lump sum payments of adoption support. In lieu of continuing payments, or in addition to them, the secretary may make one or more specific lump sum payments for or on behalf of a hard to place child either to the adoptive parents or directly to other persons to assist in correcting any condition causing such child to be hard to place for adoption.
Consistent with a particular child's needs, continuing adoption support payments shall include, if necessary to facilitate or support the adoption of a special needs child, an amount sufficient to remove any reasonable financial barrier to adoption as determined by the secretary under RCW 74.13A.025.
After determination by the secretary of the amount of a payment or the initial amount of continuing payments, the prospective parent or parents who desire such support shall sign an agreement with the secretary providing for the payment, in the manner and at the time or times prescribed in regulations to be issued by the secretary subject to the provisions of RCW 26.33.320 and 74.13A.005 through 74.13A.080, of the amount or amounts of support so determined.
Payments shall be subject to review as provided in RCW 26.33.320 and 74.13A.005 through 74.13A.080.
[ 2017 3rd sp.s. c 20 s 9; 1996 c 130 s 2; 1985 c 7 s 137; 1971 ex.s. c 63 s 6. Formerly RCW 74.13.115.]
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.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Both continuing payments and lump sum payments authorized.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.13A.035

text:
Chapter 130, Laws of 1996 applies to adoption support payments for eligible children whose eligibility is determined on or after July 1, 1996. Chapter 130, Laws of 1996 does not apply retroactively to current recipients of adoption support payments.
[ 1996 c 130 s 3. Formerly RCW 74.13.116.]

catchline: Application—1996 c 130.


title: RCW 74.13A.040

text:
(1) Any parent who is a party to an agreement under RCW 74.13A.005 through 74.13A.080 may at any time, in writing, request, for reasons set forth in such request, a review of the amount of any payment or the level of continuing payments. The review shall begin not later than thirty days from the receipt of such request. Any adjustment may be made retroactive to the date such request was received by the secretary. If such request is not acted on within thirty days after it has been received by the secretary, such parent may invoke his or her rights under the hearing provisions set forth in RCW 74.13A.055.
(2) The secretary may make adjustments in payments at the time of the review, or at other times, if the secretary finds that circumstances have changed and warrant an adjustment in payments. Changes in circumstances may include, but are not limited to, variations in medical opinions, prognosis, and costs. Appropriate adjustments in payments shall be made based upon changes in the needs of the child and/or changes in the adoptive parents' income, resources, and expenses for the care of such child or other members of the family, including medical and/or hospitalization expense not otherwise covered by or subject to reimbursement from insurance or other sources of financial assistance.
[ 2013 c 23 s 211; 2009 c 527 s 1; 1995 c 270 s 2; 1985 c 7 s 138; 1971 ex.s. c 63 s 7. Formerly RCW 74.13.118.]
Notes:
Finding—1995 c 270: "The legislature finds that it is in the best interest of the people of the state of Washington to support the adoption process in a variety of ways, including easing administrative burdens on adoptive parents receiving financial support, providing finality for adoptive placements and stable homes for children, and not delaying adoptions." [ 1995 c 270 s 1.]

catchline: Review of support payments.


title: RCW 74.13A.045

text:
So long as any adoptive parent is receiving support pursuant to RCW 26.33.320 and * 74.13.100 through 74.13.145 he or she shall, upon request, file with the secretary a copy of his or her federal income tax return. Such return and any information thereon shall be marked by the secretary "confidential", shall be used by the secretary solely for the purposes of RCW 26.33.320 and * 74.13.100 through 74.13.145, and shall not be revealed to any other person, institution or agency, public or private, including agencies of the United States government, other than a superior court, judge or commissioner before whom a petition for adoption of a child being supported or to be supported pursuant to RCW 26.33.320 and * 74.13.100 through 74.13.145 is then pending.
In carrying on the review process authorized by RCW 26.33.320 and * 74.13.100 through 74.13.145 the secretary may require the adoptive parent or parents to disclose such additional financial information, not privileged, as may enable him or her to make determinations and adjustments in support to the end that the purposes and policies of this state expressed in *RCW 74.13.100 may be carried out, provided that no adoptive parent or parents shall be obliged, by virtue of this section, to sign any agreement or other writing waiving any constitutional right or privilege nor to admit to his or her home any agent, employee, or official of any department of this state, or of the United States government.
Such information shall be marked "confidential" by the secretary, shall be used by him or her solely for the purposes of RCW 26.33.320 and * 74.13.100 through 74.13.145, and shall not be revealed to any other person, institution, or agency, public or private, including agencies of the United States government other than a superior court judge or commission before whom a petition for adoption of a child being supported or to be supported pursuant to RCW 26.33.320 and * 74.13.100 through 74.13.145 is then pending.
[ 1995 c 270 s 3; 1985 c 7 s 139; 1971 ex.s. c 63 s 8. Formerly RCW 74.13.121.]
Notes:
*Reviser's note: RCW 74.13.100 through 74.13.145 were recodified as RCW 74.13A.005 through 74.13A.080 pursuant to 2009 c 520 s 95.
Finding—1995 c 270: See note following RCW 74.13A.040.

catchline: Adoptive parent's financial information.


title: RCW 74.13A.047

text:
(1) To ensure expenditures continue to remain within available funds as required by RCW 74.13A.005 and 74.13A.020, the secretary shall not set the amount of any adoption assistance payment or payments, made pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, to more than eighty percent of the foster care maintenance payment for that child had he or she remained in a foster family home during the same period. This subsection applies prospectively to adoption assistance agreements established on or after July 1, 2013, through June 30, 2017.
(2)(a) To ensure expenditures continue to remain within available funds as required by RCW 74.13A.005 and 74.13A.020, the secretary shall not set the amount of any adoption assistance payment or payments, made pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, to more than the following:
(i) For a child under the age of five, no more than eighty percent of the foster care maintenance payment for that child had he or she remained in a foster family home during the same period.
(ii) For a child aged five through nine, no more than ninety percent of the foster care maintenance payment for that child had he or she remained in a foster family home during the same period.
(iii) For a child aged ten through eighteen, no more than ninety-five percent of the foster care maintenance payment for that child had he or she remained in a foster family home during the same period.
(b) This subsection applies prospectively to adoption assistance agreements established on or after October 19, 2017.
(3) The department must establish a central unit of adoption support negotiators to help ensure consistent negotiation of adoption support agreements that will balance the needs of adoptive families with the state's need to remain fiscally responsible.
(4) The department must request, in writing, that adoptive families with existing adoption support contracts renegotiate their contracts to establish lower adoption assistance payments if it is fiscally feasible for the family to do so. The department shall explain that adoption support contracts may be renegotiated as needs arise.
[ 2017 3rd sp.s. c 20 s 10; 2012 c 147 s 2.]
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: Adoption assistance payments—Expenditure limits.


title: RCW 74.13A.050

text:
An agreement for adoption support made before January 1, 1985, or pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, although subject to review and adjustment as provided for herein, shall, as to the standard used by the secretary in making such review or reviews and any such adjustment, constitutes a contract within the meaning of section 10, Article I of the United States Constitution and section 23, Article I of the state Constitution. For that reason once such an agreement has been made any review of and adjustment under such agreement shall as to the standards used by the secretary, be made only subject to the provisions of RCW 26.33.320 and 74.13A.005 through 74.13A.080 and such rules and regulations relating thereto as they exist on the date of the initial determination in connection with such agreement or such more generous standard or parts of such standard as may hereafter be provided for by law or regulation. Once made such an agreement shall constitute a solemn undertaking by the state of Washington with such adoptive parent or parents. The termination of the effective period of RCW 26.33.320 and 74.13A.005 through 74.13A.080 or a decision by the state or federal government to discontinue or reduce general appropriations made available for the purposes to be served by RCW 26.33.320 and 74.13A.005 through 74.13A.080, shall not affect the state's specific continuing obligations to support such adoptions, subject to such annual review and adjustment for all such agreements as have theretofore been entered into by the state.
The purpose of this section is to assure any such parent that, upon his or her consenting to assume the burdens of adopting a hard to place child, the state will not in future so act by way of general reduction of appropriations for the program authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080 or ratable reductions, to impair the trust and confidence necessarily reposed by such parent in the state as a condition of such parent taking upon himself or herself the obligations of parenthood of a difficult to place child.
Should the secretary and any such adoptive parent differ as to whether any standard or part of a standard adopted by the secretary after the date of an initial agreement, which standard or part is used by the secretary in making any review and adjustment, is more generous than the standard in effect as of the date of the initial determination with respect to such agreement such adoptive parent may invoke his or her rights, including all rights of appeal under the fair hearing provisions, available to him or her under RCW 74.13A.055.
[ 2009 c 520 s 67; 1985 c 7 s 140; 1971 ex.s. c 63 s 9. Formerly RCW 74.13.124.]

catchline: Agreements as contracts within state and federal Constitutions—State's continuing obligation.


title: RCW 74.13A.055

text:
Voluntary amendments of any support agreement entered into pursuant to RCW 26.33.320 and * 74.13.100 through 74.13.145 may be made at any time. In proposing any such amending action which relates to the amount or level of a payment or payments, the secretary shall, as provided in **RCW 74.13.124, use either the standard which existed as of the date of the initial determination with respect to such agreement or any subsequent standard or parts of such standard which both parties to such agreement agree is more generous than those in effect as of the date of such initial agreement. If the parties do not agree to the level of support, the secretary shall set the level. The secretary shall give the adoptive parent or parents written notice of the determination. The adoptive parent or parents aggrieved by the secretary's determination have the right to an adjudicative proceeding. The proceeding is governed by RCW 74.08.080 and chapter 34.05 RCW, the Administrative Procedure Act.
[ 1989 c 175 s 148; 1985 c 7 s 141; 1971 ex.s. c 63 s 10. Formerly RCW 74.13.127.]
Notes:
Reviser's note: *(1) RCW 74.13.100 through 74.13.145 were recodified as RCW 74.13A.005 through 74.13A.080 pursuant to 2009 c 520 s 95.
**(2) RCW 74.13.124 was recodified as RCW 74.13A.050 pursuant to 2009 c 520 s 95.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Voluntary amendments to agreements—Procedure when adoptive parties disagree.


title: RCW 74.13A.060

text:
The secretary may authorize the payment, from the appropriations available from the general fund, of all or part of the nonrecurring adoption expenses incurred by a prospective parent. "Nonrecurring adoption expenses" means those expenses incurred by a prospective parent in connection with the adoption of a difficult to place child including, but not limited to, attorneys' fees, court costs, and agency fees. Payment shall be made in accordance with rules adopted by the department.
[ 2017 3rd sp.s. c 6 s 502; 1990 c 285 s 8; 1985 c 7 s 142; 1979 ex.s. c 67 s 9; 1971 ex.s. c 63 s 11. Formerly RCW 74.13.130.]
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—Purpose—Severability—1990 c 285: See notes following RCW 74.04.005.
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.

catchline: Nonrecurring adoption expenses.


title: RCW 74.13A.065

text:
The secretary shall keep such general records as are needed to evaluate the effectiveness of the program of adoption support authorized by RCW 26.33.320 and * 74.13.100 through 74.13.145 in encouraging and effectuating the adoption of hard to place children. In so doing the secretary shall, however, maintain the confidentiality required by law with respect to particular adoptions.
[ 1985 c 7 s 143; 1971 ex.s. c 63 s 13. Formerly RCW 74.13.133.]
Notes:
*Reviser's note: RCW 74.13.100 through 74.13.145 were recodified as RCW 74.13A.005 through 74.13A.080 pursuant to 2009 c 520 s 95.

catchline: Records—Confidentiality.


title: RCW 74.13A.070

text:
Any supervising agency or person having a child in foster care or institutional care and wishing to recommend to the secretary support of the adoption of such child as provided for in RCW 26.33.320 and 74.13A.005 through 74.13A.080 may do so, and may include in its or his or her recommendation advice as to the appropriate level of support and any other information likely to assist the secretary in carrying out the functions vested in the secretary by RCW 26.33.320 and 74.13A.005 through 74.13A.080. Such agency may, but is not required to, be retained by the secretary to make the required preplacement study of the prospective adoptive parent or parents.
[ 2009 c 520 s 68; 1985 c 7 s 144; 1971 ex.s. c 63 s 14. Formerly RCW 74.13.136.]

catchline: Recommendations for support of the adoption of certain children.


title: RCW 74.13A.075

text:
As used in RCW 26.33.320 and 74.13A.005 through 74.13A.080 the following definitions shall apply:
(1) "Department" means the department of children, youth, and families.
(2) "Secretary" means the secretary of the department.
[ 2017 3rd sp.s. c 6 s 501; 2013 c 23 s 212; 1985 c 7 s 145; 1971 ex.s. c 63 s 15. Formerly RCW 74.13.139.]
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: "Secretary" and "department" defined.


title: RCW 74.13A.080

text:
RCW 26.33.320 and * 74.13.100 through 74.13.145 may be known and cited as the "Adoption Support Demonstration Act of 1971".
[ 1985 c 7 s 146; 1971 ex.s. c 63 s 17. Formerly RCW 74.13.145.]
Notes:
*Reviser's note: RCW 74.13.100 through 74.13.145 were recodified as RCW 74.13A.005 through 74.13A.080 pursuant to 2009 c 520 s 95.

catchline: Short title—1971 act.


title: RCW 74.13A.085

text:
(1) The department shall establish, within funds appropriated for the purpose, a reconsideration program to provide medical and counseling services through the adoption support program for children of families who apply for services after the adoption is final. Families requesting services through the program shall provide any information requested by the department for the purpose of processing the family's application for services.
(2) A child meeting the eligibility criteria for registration with the program is one who:
(a) Was residing in a preadoptive placement funded by the department or in foster care funded by the department immediately prior to the adoptive placement;
(b) Had a disability or behavioral health condition that existed and was documented prior to the adoption or was at high risk of future disability or behavioral health condition as a result of conditions exposed to prior to the adoption; and
(c) Resides in the state of Washington with an adoptive parent who lacks the necessary financial means to care for the child's special need.
(3) If a family is accepted for registration and meets the criteria in subsection (2) of this section, the department may enter into an agreement for services. Prior to entering into an agreement for services through the program, the medical needs of the child must be reviewed and approved by the department.
(4) Any services provided pursuant to an agreement between a family and the department shall be met from the department's medical program. Such services shall be limited to:
(a) Services provided after finalization of an agreement between a family and the department pursuant to this section;
(b) Services not covered by the family's insurance or other available assistance; and
(c) Services related to the eligible child's identified disability or behavioral health condition that existed prior to the adoption.
(5) Any payment by the department for services provided pursuant to an agreement shall be made directly to the physician or provider of services according to the department's established procedures.
(6) The total costs payable by the department for services provided pursuant to an agreement shall not exceed twenty thousand dollars per child.
[ 2020 c 274 s 64; 2017 3rd sp.s. c 6 s 503; 1997 c 131 s 1; 1990 c 285 s 5. Formerly RCW 74.13.150.]
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—Purpose—Severability—1990 c 285: See notes following RCW 74.04.005.

catchline: Adoption support reconsideration program.


title: RCW 74.13A.090

text:
The legislature finds that:
(1) Finding adoptive families for children for whom state assistance under *RCW 74.13.100 through 74.13.145 is desirable and assuring the protection of the interest of the children affected during the entire assistance period require special measures when the adoptive parents move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
[ 1997 c 31 s 1. Formerly RCW 74.13.152.]
Notes:
*Reviser's note: RCW 74.13.100 through 74.13.145 were recodified as RCW 74.13A.005 through 74.13A.080 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Findings.


title: RCW 74.13A.095

text:
The purposes of *RCW 74.13.152 through 74.13.159 are to:
(1) Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the department; and
(2) Provide procedures for interstate children's adoption assistance payments, including medical payments.
[ 1997 c 31 s 2. Formerly RCW 74.13.153.]
Notes:
*Reviser's note: RCW 74.13.152 through 74.13.159 were recodified as RCW 74.13A.090 through 74.13A.125 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Purpose.


title: RCW 74.13A.100

text:
The definitions in this section apply throughout *RCW 74.13.152 through 74.13.159 unless the context clearly indicates otherwise.
(1) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(2) "Residence state" means the state where the child is living.
(3) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
[ 1997 c 31 s 3. Formerly RCW 74.13.154.]
Notes:
*Reviser's note: RCW 74.13.152 through 74.13.159 were recodified as RCW 74.13A.090 through 74.13A.125 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Definitions.


title: RCW 74.13A.105

text:
The department is authorized to develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in *RCW 74.13.152 through 74.13.159. When entered into, and for so long as it remains in force, such a compact has the force and effect of law.
[ 1997 c 31 s 4. Formerly RCW 74.13.155.]
Notes:
*Reviser's note: RCW 74.13.152 through 74.13.159 were recodified as RCW 74.13A.090 through 74.13A.125 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Authorization.


title: RCW 74.13A.110

text:
A compact entered into pursuant to the authority conferred by *RCW 74.13.152 through 74.13.159 must have the following content:
(1) A provision making it available for joinder by all states;
(2) A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement that is (a) in writing between the adoptive parents and the state child welfare agency of the state that undertakes to provide the adoption assistance, and (b) expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance; and
(5) Such other provisions as are appropriate to implement the proper administration of the compact.
[ 1997 c 31 s 5. Formerly RCW 74.13.156.]
Notes:
*Reviser's note: RCW 74.13.152 through 74.13.159 were recodified as RCW 74.13A.090 through 74.13A.125 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Required provisions.


title: RCW 74.13A.115

text:
A compact entered into pursuant to the authority conferred by *RCW 74.13.152 through 74.13.159 may contain provisions in addition to those required under **RCW 74.13.156, as follows:
(1) Provisions establishing procedures and entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs of the services; and
(2) Such other provisions as are appropriate or incidental to the proper administration of the compact.
[ 1997 c 31 s 6. Formerly RCW 74.13.157.]
Notes:
Reviser's note: *(1) RCW 74.13.152 through 74.13.159 were recodified as RCW 74.13A.090 through 74.13A.125 pursuant to 2009 c 520 s 95.
**(2) RCW 74.13.156 was recodified as RCW 74.13A.110 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Additional provisions.


title: RCW 74.13A.120

text:
(1) A child with special needs who resides in this state and is the subject of an adoption assistance agreement with another state is entitled to receive a medical assistance identification card from this state upon the filing with the department of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the medical assistance administration, the adoptive parents are required at least annually to show that the agreement is still in force or has been renewed.
(2) The medical assistance administration shall consider the holder of a medical assistance identification under this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims in the same manner and under the same conditions and procedures as for other recipients of medical assistance.
(3) The medical assistance administration shall provide coverage and benefits for a child who is in another state and is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. Adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state for reimbursement. No reimbursement may be made for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall adopt rules implementing this subsection. The additional coverage and benefit amounts provided under this subsection must be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The rules must include procedures to be followed in obtaining prior approval for services if required for the assistance.
(4) The submission of any claim for payment or reimbursement for services or benefits under this section or the making of any statement that the person knows or should know to be false, misleading, or fraudulent is punishable as perjury under chapter 9A.72 RCW.
(5) This section applies only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provided medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance under an adoption assistance agreement entered into by this state are eligible to receive assistance in accordance with the applicable laws and procedures.
[ 1997 c 31 s 7. Formerly RCW 74.13.158.]

catchline: Interstate agreements for adoption of children with special needs—Medical assistance for children residing in this state—Penalty for fraudulent claims.


title: RCW 74.13A.125

text:
Consistent with federal law, the department, in connection with the administration of *RCW 74.13.152 through 74.13.158 and any pursuant compact shall include in any state plan made pursuant to the adoption assistance and child welfare act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the social security act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.
[ 1997 c 31 s 8. Formerly RCW 74.13.159.]
Notes:
*Reviser's note: RCW 74.13.152 through 74.13.158 were recodified as RCW 74.13A.090 through 74.13A.120 pursuant to 2009 c 520 s 95.

catchline: Interstate agreements for adoption of children with special needs—Adoption assistance and medical assistance in state plan.


title: RCW 74.13B.005

text:
(1) The legislature finds that:
(a) The state of Washington and several Indian tribes in the state of Washington assume legal responsibility for abused or neglected children when their parents or caregivers are unable or unwilling to adequately provide for their safety, health, and welfare;
(b) Washington state has a strong history of partnership between the department and contracted service providers who currently serve children and families in the child welfare system. The department and its contracted service providers have responsibility for providing services to address parenting deficiencies resulting in child maltreatment, and the needs of children impacted by maltreatment;
(c) Department caseworkers and contracted service providers each play a critical and complementary role in the child welfare system;
(d) The current system of contracting for services needed by children and families in the child welfare system is fragmented, inflexible, and lacks incentives for improving outcomes for children and families.
(2) The legislature intends:
(a) To reform the delivery of certain services to children and families in the child welfare system by creating a flexible, accountable community-based system of care that utilizes performance-based contracting, maximizes the use of evidence-based, research-based, and promising practices, and expands the capacity of community-based agencies to leverage local funding and other resources to benefit children and families served by the department;
(b) To achieve improved child safety, child permanency, including reunification, and child well-being outcomes through the collaborative efforts of the department and contracted service providers and the prioritization of these goals in performance-based contracting; and
(c) To implement performance-based contracting under chapter 205, Laws of 2012 in a manner that supports and complies with the federal and Washington state Indian child welfare act.
[ 2017 3rd sp.s. c 6 s 504; 2012 c 205 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.

catchline: Findings—Intent.


title: RCW 74.13B.010

text:
For purposes of this chapter:
(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) "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.
(3) "Child-placing agency" has the same meaning as in RCW 74.15.020.
(4) "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.
(5) "Department" means the department of children, youth, and families.
(6) "Evidence-based" means a program or practice that is cost-effective and includes at least two randomized or statistically controlled evaluations that have demonstrated improved outcomes for its intended population.
(7) "Network administrator" means an entity that contracts with the department to provide defined services to children and families in the child welfare system through its provider network, as provided in RCW 74.13B.020.
(8) "Performance-based contracting" means structuring 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 and linking payment for services to contractor performance.
(9) "Promising practice" means a practice that presents, based upon preliminary information, potential for becoming a research-based or consensus-based practice.
(10) "Provider network" means those service providers who contract with a network administrator to provide services to children and families in the geographic area served by the network administrator.
(11) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
[ 2017 3rd sp.s. c 6 s 505; 2012 c 205 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.

catchline: Definitions.


title: RCW 74.13B.020

text:
(1) The department shall enter into performance-based contracts for the provision of family support and related services. The department may enter into performance-based contracts for additional services, other than case management.
(2) It is the goal of the legislature to expand the coverage area of network administrators to encompass the entire state. Recognizing that phased implementation may be necessary, the department shall conduct one or more procurement processes to expand the geographic coverage of network administrators for family support and related services. Expenditures for family support and related services purchased under this section must remain within the levels appropriated in the operating budget.
(3)(a) Network administrators shall, directly or through subcontracts with service providers:
(i) Assist caseworkers in meeting their responsibility for implementation of case plans and individual service and safety plans;
(ii) Provide the family support and related services within the categories of contracted services that are included in a child or family's case plan or individual service and safety plan within funds available under contract;
(iii) Manage the entire family support and related service array within the geographic boundaries of a given network; and
(iv) Have the authority to redistribute funding within the network based on provider performance and the need to address service gaps if approval is provided by the department.
(b) While the department caseworker retains responsibility for case management, nothing in chapter 205, Laws of 2012 limits the ability of the department to continue to contract for the provision of case management services by child-placing agencies, behavioral rehabilitation services agencies, or other entities that provided case management under contract with the department prior to July 1, 2005.
(4) The procurement process must be developed and implemented in a manner that complies with applicable provisions of intergovernmental agreements between the state of Washington and tribal governments and must provide an opportunity for tribal governments to contract for service delivery through network administrators.
(5) The procurement and resulting contracts must include, but are not limited to, the following standards and requirements:
(a) The use of family engagement approaches to successfully motivate families to engage in services and training of the network's contracted providers to apply such approaches;
(b) The use of parents and youth who are successful veterans of the child welfare system to act as mentors through activities that include, but are not limited to, helping families navigate the system, facilitating parent engagement, and minimizing distrust of the child welfare system;
(c) The establishment of qualifications for service providers participating in provider networks, such as appropriate licensure or certification, education, and accreditation by professional accrediting entities;
(d) Adequate provider capacity to meet the anticipated service needs in the network administrator's contracted service area. The network administrator must be able to demonstrate that its provider network is culturally competent and has adequate capacity to address disproportionality, including utilization of tribal and other ethnic providers capable of serving children and families of color or who need language-appropriate services;
(e) Fiscal solvency of network administrators and providers participating in the network;
(f) The use of evidence-based, research-based, and promising practices, where appropriate, including fidelity and quality assurance provisions;
(g) Network administrator quality assurance activities, including monitoring of the performance of providers in their provider network, with respect to meeting measurable service outcomes;
(h) Network administrator data reporting, including data on contracted provider performance and service outcomes; and
(i) Network administrator compliance with applicable provisions of intergovernmental agreements between the state of Washington and tribal governments and the federal and Washington state Indian child welfare act.
(6) As part of the procurement process under this section to expand the coverage of network administrators, the department shall issue the request for proposals or request for information no later than September 30, 2018, to expand the coverage area of the existing network administrator or expand the number of network administrators so that there is expanded network administrator coverage on the east side of the crest of the Cascade mountain range. Expanded implementation of performance-based contracting must begin no later than January 30, 2019, if a qualified organization responds to the procurement process. Based on the costs and benefits of the network administrator expansion in this subsection, the department shall submit a recommendation to the oversight board for children, youth, and families established pursuant to RCW 43.216.015 and the appropriate committees of the legislature by September 1, 2020, regarding the time frame for expansion of network administrator coverage to additional regions of the state.
(7) Performance-based payment methodologies must be used in network administrator contracting. Performance measures should relate to successful engagement by a child or parent in services included in their case plan, and resulting improvement in identified problem behaviors and interactions. For the initial three-year period of implementation of performance-based contracting, the department may transfer financial risk for the provision of services to network administrators only to the limited extent necessary to implement a performance-based payment methodology, such as phased payment for services. However, the department may develop a shared savings methodology through which the network administrator will receive a defined share of any savings that result from improved performance. If the department receives a Title IV-E waiver, the shared savings methodology must be consistent with the terms of the waiver. If a shared savings methodology is adopted, the network administrator shall reinvest the savings in enhanced services to better meet the needs of the families and children they serve.
(8) The department must actively monitor network administrator compliance with the terms of contracts executed under this section.
(9) The use of performance-based contracts under this section must be done in a manner that does not adversely affect the state's ability to continue to obtain federal funding for child welfare-related functions currently performed by the state and with consideration of options to further maximize federal funding opportunities and increase flexibility in the use of such funds, including use for preventive and in-home child welfare services.
(10) The department shall, consistent with state and federal confidentiality requirements:
(a) Share all relevant data with the network administrators in order for the network administrators to track the performance and effectiveness of the services in the network; and
(b) Make all performance data available to the public.
(11) The department must not require existing network administrators to reapply to provide network administrator services in the coverage area of the existing network administrator on June 7, 2018.
(12) Beginning January 1, 2019, and in compliance with RCW 43.01.036, the department shall annually submit to the oversight board for children, youth, and families established pursuant to RCW 43.216.015 and the appropriate committees of the legislature a report detailing the status of the network administrator procurement and implementation process.
(13) In determining the cost estimate for expanded network administrator implementation, the department shall consider the value of the existing data platform for child welfare services.
[ 2018 c 284 s 64; 2013 c 205 s 3; 2012 c 205 s 3.]
Notes:
Findings—Reports—2013 c 205: See note following RCW 74.13.690.

catchline: Family support and related services—Performance-based contracting.


title: RCW 74.13B.030

text:
(1) For those services included in contracts under RCW 74.13B.020, the service providers must be chosen by the department caseworker from among those in the network administrator's provider network. The criteria for provider selection must include the geographic proximity of the provider to the child or family, and the performance of the provider based upon data collected and provided by the network administrator. If a reasonably qualified provider is not available through the network administrator's provider network, at the request of a department caseworker, a provider who is not currently under contract with the network administrator may be offered a provisional contract by the network administrator, pending that provider demonstrating that he or she meets applicable provider qualifications to participate in the administrator's provider network.
(2) The department shall develop a dispute resolution process to be used when the network administrator disagrees with the department caseworker's choice of a service provider due to factors such as the service provider's performance history or ability to serve culturally diverse families. The mediator or decision maker must be a neutral employee of the department who has not been previously involved in the case. The dispute resolution process must not result in a delay of more than two business days in the receipt of needed services by the child or family.
(3) The department and network administrator shall collaborate to identify and respond to patterns or trends in service utilization that may indicate overutilization or underutilization of family support and related services, or may indicate a need to enhance service capacity.
[ 2012 c 205 s 4.]

catchline: Selection of service providers.


title: RCW 74.13B.040

text:
(1) On an annual basis, beginning in the 2015-2017 biennium, the department and contracted network administrators shall:
(a) Review and update the services offered through performance-based contracts in response to service outcome data for currently contracted services and any research that has identified new evidence-based or research-based services not included in a previous procurement; and
(b) Review service utilization and outcome data to determine whether changes are needed in procurement policies or performance-based contracts to better meet the goals established in RCW 74.13B.005.
(2) In conducting the review under subsection (1) of this section, the department must consult with department caseworkers, the exclusive bargaining representative for employees of the department, tribal representatives, parents who were formerly involved in the child welfare system, youth currently or previously in foster care, child welfare services researchers, representatives of child welfare service providers, and the Washington state institute for public policy.
[ 2012 c 205 s 5.]

catchline: Performance-based contracting—Review.


title: RCW 74.13B.050

text:
(1) To achieve the service delivery improvements and efficiencies intended in RCW 74.13B.005, 74.13B.020, 74.13B.030, and 74.13B.060 and in *RCW 74.13.370, and pursuant to **RCW 41.06.142(3), contracting with network administrators to provide services needed by children and families in the child welfare system, pursuant to RCW 74.13B.020 and 74.13B.030, and execution and monitoring of individual provider contracts, pursuant to RCW 74.13B.020, are expressly mandated by the legislature and are not subject to the processes set forth in **RCW 41.06.142 (1), (4), and (5).
(2) The express mandate in subsection (1) of this section is limited to those services and activities provided in RCW 74.13B.020 and 74.13B.030. If the department includes services customarily and historically performed by department employees in the classified service in a procurement for network administrators that exceeds the scope of services or activities provided in RCW 74.13B.020 and 74.13B.030, such contracting is not specifically mandated and will be subject to all applicable contractual and legal obligations.
[ 2012 c 205 s 6.]
Notes:
Reviser's note: *(1) RCW 74.13.370 was repealed by 2018 c 284 s 69.
**(2) RCW 41.06.142 was amended by 2020 c 296 s 2, removing subsection (3) and its references to the processes in subsections (1), (4), and (5).

catchline: Express mandate.


title: RCW 74.13B.060

text:
For the purposes of the provision of child welfare services by provider networks, when all other elements of the responses to any procurement under RCW 74.13B.020 are equal, private nonprofit entities and federally recognized Indian tribes located in this state must receive primary preference over private for-profit entities.
[ 2012 c 205 s 7.]

catchline: Preferred service providers.


title: RCW 74.14A.010

text:
The legislature reaffirms its declarations under RCW 13.34.020 that the family unit is the fundamental resource of American life which should be nurtured and that the family unit should remain intact in the absence of compelling evidence to the contrary. The legislature declares that the goal of serving emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict in their own homes to avoid out-of-home placement of the child, when that form of care is premature, unnecessary, or inappropriate, is a high priority of this state.
[ 1983 c 192 s 1.]

catchline: Legislative declaration.


title: RCW 74.14A.020

text:
State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:
(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;
(2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;
(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;
(6) Authorizing and facilitating blended funding for children who require services and residential treatment from multiple services systems; including child welfare services, mental health, alcohol and drug, and juvenile rehabilitation;
(7) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;
(8)(a) Developing coordinated social and health services which:
(i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;
(ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;
(iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;
(iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(v) Reduce duplication of and gaps in service delivery;
(vi) Improve planning, budgeting, and communication among all units of the department and among all agencies that serve children and families; and
(vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.
[ 2000 c 219 s 1; 1994 sp.s. c 7 s 102; 1983 c 192 s 2.]
Notes:
Severability—2000 c 219: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2000 c 219 s 3.]
Effective date—2000 c 219: "This act takes effect July 1, 2000." [ 2000 c 219 s 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date—1983 c 192: "Sections 2 through 4 of this act shall take effect January 1, 1984." [ 1983 c 192 s 8.]

catchline: Services for emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict.


title: RCW 74.14A.025

text:
To update, specify, and expand the policy stated in RCW 74.14A.020, the following is declared:
It is the policy of the state of Washington to promote:
(1) Family-oriented services and supports that:
(a) Respond to the changing nature of families; and
(b) Respond to what individuals and families say they need, and meet those needs in a way that maintains their dignity and respects their choices;
(2) Culturally relevant services and supports that:
(a) Explicitly recognize the culture and beliefs of each family and use these as resources on behalf of the family;
(b) Provide equal access to culturally unique communities in planning and programs, and day-to-day work, and actively address instances where clearly disproportionate needs exist; and
(c) Enhance every culture's ability to achieve self-sufficiency and contribute in a productive way to the larger community;
(3) Coordinated services that:
(a) Develop strategies and skills for collaborative planning, problem solving, and service delivery;
(b) Encourage coordination and innovation by providing both formal and informal ways for people to communicate and collaborate in planning and programs;
(c) Allow clients, vendors, community people, and other agencies to creatively provide the most effective, responsive, and flexible services; and
(d) Commit to an open exchange of skills and information; and expect people throughout the system to treat each other with respect, dignity, and understanding;
(4) Locally planned services and supports that:
(a) Operate on the belief that each community has special characteristics, needs, and strengths;
(b) Include a cross section of local community partners from the public and private sectors, in the planning and delivery of services and supports; and
(c) Support these partners in addressing the needs of their communities through both short-range and long-range planning and in establishing priorities within state and federal standards;
(5) Community-based prevention that encourages and supports state residents to create positive conditions in their communities to promote the well-being of families and reduce crises and the need for future services;
(6) Outcome-based services and supports that:
(a) Include a fair and realistic system for measuring both short-range and long-range progress and determining whether efforts make a difference;
(b) Use outcomes and indicators that reflect the goals that communities establish for themselves and their children;
(c) Work towards these goals and outcomes at all staff levels and in every agency; and
(d) Provide a mechanism for informing the development of program policies;
(7) Customer service that:
(a) Provides a climate that empowers staff to deliver quality programs and services;
(b) Is provided by courteous, sensitive, and competent professionals; and
(c) Upholds the dignity and respect of individuals and families by providing appropriate staff recognition, information, training, skills, and support;
(8) Creativity that:
(a) Increases the flexibility of funding and programs to promote innovation in planning, development, and provision of quality services; and
(b) Simplifies and reduces or eliminates rules that are barriers to coordination and quality services.
[ 1992 c 198 s 2.]
Notes:
Family policy council: Chapter 70.190 RCW.

catchline: Services for emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict—Policy updated.


title: RCW 74.14A.030

text:
The department of children, youth, and families shall address the needs of juvenile offenders whose standard range sentences do not include commitment by developing nonresidential community-based programs designed to reduce the incidence of manifest injustice commitments when consistent with public safety.
[ 2017 3rd sp.s. c 6 s 625; 1983 c 192 s 3.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—1983 c 192: See note following RCW 74.14A.020.

catchline: Treatment of juvenile offenders—Nonresidential community-based programs.


title: RCW 74.14A.040

text:
The department of children, youth, and families shall involve a juvenile offender's family as a unit in the treatment process. The department need not involve the family as a unit in cases when family ties have by necessity been irrevocably broken. When the natural parents have been or will be replaced by a foster family or guardian, the new family will be involved in the treatment process.
[ 2017 3rd sp.s. c 6 s 626; 1983 c 192 s 4.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—1983 c 192: See note following RCW 74.14A.020.

catchline: Treatment of juvenile offenders—Involvement of family unit.


title: RCW 74.14A.050

text:
The secretary shall:
(1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;
(b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:
(i) Placement within the foster care system for two years or more;
(ii) Multiple foster care placements;
(iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;
(iv) Chronic behavioral or educational problems;
(v) Repetitive criminal acts or offenses;
(vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and
(vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;
(2) Develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to individual needs and choices of the child and family. The programs must be ready for implementation by January 1, 1995;
(3) Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. All children entering the foster care system must be evaluated for identification of long-term needs within thirty days of placement;
(4) As a result of the passage of chapter 232, Laws of 2000, the department is conducting a pilot project to do a comparative analysis of a variety of assessment instruments to determine the most effective tools and methods for evaluation of children. The pilot project may extend through August 31, 2001. The department shall report to the appropriate committees in the senate and house of representatives by September 30, 2001, on the results of the pilot project. The department shall select an assessment instrument that can be implemented within available resources. The department shall complete statewide implementation by December 31, 2001. The department shall report to the appropriate committees in the senate and house of representatives on how the use of the selected assessment instrument has affected department policies, by no later than December 31, 2002, December 31, 2004, and December 31, 2006;
(5) Use the assessment tool developed pursuant to subsection (4) of this section in making out-of-home placement decisions for children;
(6) Each region of the department shall make the appropriate number of referrals to the foster care assessment program to ensure that the services offered by the program are used to the extent funded pursuant to the department's contract with the program. The department shall report to the legislature by November 30, 2000, on the number of referrals, by region, to the foster care assessment program. If the regions are not referring an adequate number of cases to the program, the department shall include in its report an explanation of what action it is or has taken to ensure that the referrals are adequate;
(7) The department shall report to the legislature by December 15, 2000, on how it will use the foster care assessment program model to assess children as they enter out-of-home care;
(8) The department is to accomplish the tasks listed in subsections (4) through (7) of this section within existing resources;
(9) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;
(10) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth;
(11) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition; and
(12) Study and develop a statutory proposal for the emancipation of minors.
[ 2003 c 207 s 9; 2001 c 255 s 1; 2000 c 232 s 1; 1998 c 245 s 149; 1993 c 508 s 7; 1993 c 505 s 5.]
Notes:
Section captions—Severability—Effective date—1993 c 508: See RCW 74.39A.900 through 74.39A.903.
Emancipation of minors: Chapter 13.64 RCW.

catchline: Identification of children in a state-assisted support system—Program development for long-term care—Foster care caseload—Emancipation of minors study.


title: RCW 74.14A.060

text:
Within available funds, the secretary of the department of children, youth, and families shall support blended funding projects for youth. To be eligible for blended funding a child must be eligible for services designed to address a behavioral, mental, emotional, or substance abuse issue from the department of social and health services or the department of children, youth, and families and require services from more than one categorical service delivery system. Before any blended funding project is established by the secretary of the department of children, youth, and families, any entity or person proposing the project shall seek input from the public health and safety network or networks established in the catchment area of the project. The network or networks shall submit recommendations on the blended funding project to the private-public initiative described in RCW 70.305.020. The private-public initiative shall advise the secretary whether to approve the proposed blended funding project. The network shall review the proposed blended funding project pursuant to its authority to examine the decategorization of program funds under *RCW 70.190.110, within the current appropriation level. The department shall document the number of children who participate in blended funding projects, the total blended funding amounts per child, the amount charged to each appropriation by program, and services provided to each child through each blended funding project.
[ 2018 c 58 s 74; 2016 c 197 s 9; 2011 1st sp.s. c 32 s 10; 2000 c 219 s 2.]
Notes:
*Reviser's note: RCW 70.190.110 was repealed by 2011 1st sp.s. c 32 s 13, effective June 30, 2012.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Transition plan—Report to the legislature—2011 1st sp.s. c 32: See note following RCW 70.305.005.
Severability—Effective date—2000 c 219: See notes following RCW 74.14A.020.

catchline: Blended funding projects.


title: RCW 74.14A.900

text:
This act may be known and cited as the "children and family services act."
[ 1983 c 192 s 6.]

catchline: Short title—1983 c 192.


title: RCW 74.14B.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of children, youth, and families.
(2) "Secretary" means the secretary of the department of children, youth, and families.
[ 2019 c 470 s 18; 2019 c 64 s 26.]
Notes:
Reviser's note: The language in this section was enacted by 2019 c 64 s 26 and by 2019 c 470 s 18, each without reference to the other. For purposes of publication, this section incorporates both 2019 c 64 s 26 and 2019 c 470 s 18.


title: RCW 74.14B.010

text:
(1) Child welfare workers shall meet minimum standards established by the department. Comprehensive training for child welfare workers shall be completed before such child welfare workers are assigned to case-carrying responsibilities as the sole worker assigned to a particular case. Intermittent, part-time, and standby child welfare workers shall be subject to the same minimum standards and training.
(2) Ongoing specialized training shall be provided for child welfare workers responsible for investigating child sexual abuse. Training participants shall have the opportunity to practice interview skills and receive feedback from instructors.
(3) The department, the criminal justice training commission, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement statewide training that contains consistent elements for persons engaged in the interviewing of children, including law enforcement, prosecution, and child protective services.
(4) The training required by this section shall: (a) Be based on research-based practices and standards; (b) minimize the trauma of all persons who are interviewed during abuse investigations; (c) provide methods of reducing the number of investigative interviews necessary whenever possible; (d) assure, to the extent possible, that investigative interviews are thorough, objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f) recognize the nature and consequences of victimization; (g) require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; (h) address record retention and retrieval; (i) address documentation of investigative interviews; and (j) include self-care for child welfare workers.
(5) The identification of domestic violence is critical in ensuring the safety of children in the child welfare system. It is also critical for child welfare workers to support victims of domestic violence while victims continue to care for their children, when possible, as domestic violence perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself as provided in RCW 26.44.020. For these reasons, ongoing domestic violence training and consultation shall be provided to child welfare workers, including how to use the department's practice guide to domestic violence.
(6) By January 1, 2021, the department shall:
(a) Develop and implement an evidence-informed curriculum for supervisors providing support to child welfare workers to better prepare candidates for effective supervisory and leadership roles within the department;
(b) Develop specialized training for child welfare workers that includes simulation and coaching designed to improve clinical and analytical skills;
(c) Based on the report required under *RCW 43.216.7501(3), develop and implement training for child welfare workers that incorporates trauma-informed care and reflective supervision principles.
(7) For purposes of this section, "child welfare worker" means an employee of the department whose job includes supporting or providing child welfare services as defined in RCW 74.13.020 or child protective services as defined in RCW 26.44.020.
[ 2019 c 470 s 27; 2018 c 58 s 79; 2017 3rd sp.s. c 6 s 506; 2013 c 254 s 5; 1999 c 389 s 5; 1987 c 503 s 8.]
Notes:
*Reviser's note: RCW 43.216.7501 expired July 1, 2021.
Effective date—2018 c 58: See note following RCW 28A.655.080.
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: Child welfare workers—Hiring and training.


title: RCW 74.14B.020

text:
The department shall, within funds appropriated for this purpose, provide foster parent training as an ongoing part of the foster care program. The department shall contract for a variety of support services to foster parents to reduce isolation and stress, and to increase skills and confidence.
[ 1987 c 503 s 11.]

catchline: Foster parent training.


title: RCW 74.14B.030

text:
The department shall establish and maintain one or more multidisciplinary teams in each state region of the division of children and family services. The team shall consist of at least four persons, selected by the department, from professions which provide services to abused and neglected children and/or the parents of such children. The teams shall be available for consultation on all cases where a risk exists of serious harm to the child and where there is dispute over whether out-of-home placement is appropriate.
[ 1987 c 503 s 12.]

catchline: Child abuse and neglect—Multidisciplinary teams.


title: RCW 74.14B.040

text:
The department shall, within funds appropriated for this purpose, provide therapeutic day care and day treatment to children who have been abused or neglected and meet program eligibility criteria.
[ 1987 c 503 s 13.]

catchline: Child abuse and neglect—Therapeutic day care and treatment.


title: RCW 74.14B.050

text:
The department shall inform victims of child abuse and neglect and their families of the availability of state-supported counseling through the crime victims' compensation program, community mental health centers, domestic violence and sexual assault programs, and other related programs. The department shall assist victims with referrals to these services.
[ 2017 3rd sp.s. c 6 s 507; 1987 c 503 s 14.]
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: Child abuse and neglect—Counseling referrals.


title: RCW 74.14B.070

text:
(1) The department shall, subject to available funds, establish a system of early identification and referral to treatment of child victims of sexual assault or sexual abuse. The system shall include schools, physicians, sexual assault centers, domestic violence centers, child protective services, and foster parents. A mechanism shall be developed to identify communities that have experienced success in this area and share their expertise and methodology with other communities statewide.
(2) The department shall provide services to support children it suspects have been commercially sexually exploited. The child may decide whether to voluntarily engage in the services offered by the department.
(a) To provide services supporting children it suspects have been commercially sexually exploited, the department may provide:
(i) At least one liaison position in each region of the department where receiving center programs are established under RCW 7.68.380 who are dedicated to serving commercially sexually exploited children and who report directly to the statewide program manager under (a)(ii) of this subsection;
(ii) One statewide program manager;
(iii) A designated person responsible for supporting commercially sexually exploited children, who may be assigned other duties in addition to this responsibility, in regions of the department where there is not a dedicated liaison position as identified under (a)(i) of this subsection; and
(iv) Coordinate appropriate, available, community-based services for children following discharge from an evaluation and treatment facility as defined in RCW 71.34.020, including the receiving centers established in RCW 7.68.380.
(b) The department shall collect nonidentifiable data regarding the number of commercially sexually exploited children, including reports of commercially sexually exploited children received from law enforcement under chapter 26.44 RCW.
(3) The department shall provide an annual report to the commercially sexually exploited children statewide coordinating committee established under *RCW 7.68.801 by December 1st that includes:
(a) A description of services provided by the department to commercially sexually exploited children; and
(b) Nonidentifiable data regarding the number of commercially sexually exploited children.
(4) The department may solicit and accept gifts, grants, conveyances, bequests, and devices for supporting the purposes of this section.
(5) Nothing in this section shall be construed to create a private right of action against the department for failure to identify, offer, or provide services.
(6) The department shall convene a work group to study, analyze, and issue recommendations regarding how decriminalizing prostitution and prostitution loitering for persons under eighteen will impact law enforcement and prosecutor efforts and ability to discover and access the victim's cell phone records to aid in prosecution of the perpetrator or abuser. The work group must issue recommendations to appropriate committees of the legislature by October 31, 2021.
[ 2020 c 331 s 9; 2017 3rd sp.s. c 6 s 508; 1990 c 3 s 1403.]
Notes:
*Reviser's note: RCW 7.68.801 expired June 30, 2023.
Finding—2020 c 331: See note following RCW 7.68.380.
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: Child victims of sexual assault, sexual abuse, or commercial sexual exploitation—Identification, treatment, and services—Report—Work group.


title: RCW 74.14B.080

text:
(1) Subject to subsection (2) of this section, the secretary shall provide liability insurance to foster parents licensed under chapter 74.15 RCW. The coverage shall be for personal injury and property damage caused by foster parents or foster children that occurred while the children were in foster care. Such insurance shall cover acts of ordinary negligence but shall not cover illegal conduct or bad faith acts taken by foster parents in providing foster care. Moneys paid from liability insurance for any claim are limited to the amount by which the claim exceeds the amount available to the claimant from any valid and collectible liability insurance.
(2) The secretary may purchase the insurance required in subsection (1) of this section or may choose a self-insurance method. The total moneys expended pursuant to this authorization shall not exceed five hundred thousand dollars per biennium. If the secretary elects a method of self-insurance, the expenditure shall include all administrative and staff costs. If the secretary elects a method of self-insurance, he or she may, by rule, place a limit on the maximum amount to be paid on each claim.
(3) Nothing in this section or RCW 4.24.590 is intended to modify the foster parent reimbursement plan in place on July 1, 1991.
(4) The liability insurance program shall be available by July 1, 1991.
[ 2017 3rd sp.s. c 6 s 509; 1991 c 283 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.
Findings—1991 c 283: "The legislature recognizes the unique legal risks that foster parents face in taking children into their care. Third parties have filed claims against foster parents for losses and damage caused by foster children. Additionally, foster children and their parents have sued foster parents for actions occurring while the children were in foster care. The legislature finds that some potential foster parents are unwilling to subject themselves to potential liability without insurance protection. The legislature further finds that to encourage those people to serve as foster parents, it is necessary to assure that such insurance is available to them." [ 1991 c 283 s 1.]
Effective date—1991 c 283: "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 shall take effect July 1, 1991." [ 1991 c 283 s 5.]

catchline: Liability insurance for foster parents.


title: RCW 74.14B.902

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.
[ 1987 c 503 s 22.]

catchline: Effective date—1987 c 503.


title: RCW 74.14C.005

text:
(1) The legislature believes that protecting the health and safety of children is paramount. The legislature recognizes that the number of children entering out-of-home care is increasing and that a number of children receive long-term foster care protection. Reasonable efforts by the department to shorten out-of-home placement or avoid it altogether should be a major focus of the child welfare system. It is intended that providing up-front services decrease the number of children entering out-of-home care and have the effect of eventually lowering foster care expenditures and strengthening the family unit.
Within available funds, the legislature directs the department to focus child welfare services on protecting the child, strengthening families and, to the extent possible, providing necessary services in the family setting, while drawing upon the strengths of the family. The legislature intends services be locally based and offered as early as possible to avoid disruption to the family, out-of-home placement of the child, and entry into the dependency system. The legislature also intends that these services be used for those families whose children are returning to the home from out-of-home care. These services are known as family preservation services and intensive family preservation services and are characterized by the following values, beliefs, and goals:
(a) Safety of the child is always the first concern;
(b) Children need their families and should be raised by their own families whenever possible;
(c) Interventions should focus on family strengths and be responsive to the individual family's cultural values and needs;
(d) Participation should be voluntary; and
(e) Improvement of family functioning is essential in order to promote the child's health, safety, and welfare and thereby allow the family to remain intact and allow children to remain at home.
(2) Subject to the availability of funds for such purposes, the legislature intends for these services to be made available to all eligible families on a statewide basis through a phased-in process. Except as otherwise specified by statute, the department shall have the authority and discretion to implement and expand these services as provided in RCW 74.14C.010 through 74.14C.100. The department shall consult with the community public health and safety networks when assessing a community's resources and need for services.
(3) It is the legislature's intent that, within available funds, the department develop services in accordance with RCW 74.14C.010 through 74.14C.100.
(4) Nothing in RCW 74.14C.010 through 74.14C.100 shall be construed to create an entitlement to services nor to create judicial authority to order the provision of preservation services to any person or family if the services are unavailable or unsuitable or that the child or family are not eligible for such services.
[ 2017 3rd sp.s. c 6 s 510; 1995 c 311 s 1; 1992 c 214 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.

catchline: Findings and intent.


title: RCW 74.14C.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Community support systems" means the support that may be organized through extended family members, friends, neighbors, religious organizations, community programs, cultural and ethnic organizations, or other support groups or organizations.
(2) "Department" means the department of children, youth, and families.
(3) "Family preservation services" means in-home or community-based services drawing on the strengths of the family and its individual members while addressing family needs to strengthen and keep the family together where possible and may include:
(a) Respite care of children to provide temporary relief for parents and other caregivers;
(b) Services designed to improve parenting skills with respect to such matters as child development, family budgeting, coping with stress, health, safety, and nutrition; and
(c) Services designed to promote the well-being of children and families, increase the strength and stability of families, increase parents' confidence and competence in their parenting abilities, promote a safe, stable, and supportive family environment for children, and otherwise enhance children's development.
Family preservation services shall have the characteristics delineated in RCW 74.14C.020 (2) and (3).
(4) "Family resource center" means a unified single point of entry where families, individuals, children, and youth in communities can obtain information, an assessment of needs, referral to, or direct delivery of family services in a manner that is welcoming and strength-based.
(a) A family resource center is designed to meet the needs, cultures, and interests of the communities that the family resource center serves.
(b) Family services may be delivered directly to a family at the family resource center by family resource center staff or by providers who contract with or have provider agreements with the family resource center. Any family resource center that provides family services shall comply with applicable state and federal laws and regulations regarding the delivery of such family services, unless required waivers or exemptions have been granted by the appropriate governing body.
(c) Each family resource center shall have one or more family advocates who screen and assess a family's needs and strengths. If requested by the family, the family advocate shall assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working towards a greater level of self-reliance or in attaining self-sufficiency.
(5) "Imminent" means a decision has been made by the department that, without intensive family preservation services, a petition requesting the removal of a child from the family home will be immediately filed under chapter 13.32A or 13.34 RCW, or that a voluntary placement agreement will be immediately initiated.
(6) "Intensive family preservation services" means community-based services that are delivered primarily in the home, that follow intensive service models with demonstrated effectiveness in reducing or avoiding the need for unnecessary imminent out-of-home placement, and that have all of the characteristics delineated in RCW 74.14C.020 (1) and (3).
(7) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(8) "Paraprofessional worker" means any individual who is trained and qualified to provide assistance and community support systems development to families and who acts under the supervision of a preservation services therapist. The paraprofessional worker is not intended to replace the role and responsibilities of the preservation services therapist.
(9) "Preservation services" means family preservation services and intensive family preservation services that consider the individual family's cultural values and needs.
(10) "Secretary" means the secretary of the department.
[ 2021 c 39 s 2. Prior: 2017 3rd sp.s. c 6 s 511; 1996 c 240 s 2; 1995 c 311 s 2; 1992 c 214 s 2.]
Notes:
Intent—Findings—2021 c 39: "(1) This act is intended to provide a common definition for family resource centers across Washington state in an effort to establish a core set of principles for existing and newly forming family resource centers.
(2) The legislature finds that family resource centers are effective in supporting communities when adhering to the following principles:
(a) Equality;
(b) Mutual respect;
(c) Families are resources to other families and the community;
(d) Strengthening families' cultural, racial, and linguistic identities;
(e) Embedding programs in the community;
(f) Fairness;
(g) Responsiveness;
(h) Accountability;
(i) Mobilization of formal and informal resources; and
(j) Flexibility.
(3) The legislature further finds that families and parents are primarily responsible for supporting children's development and well-being at all ages and stages, and for preparing a child for success in school and life. However, many families may benefit from voluntary preventative or enriching support. (4) The legislature finds that family resource centers play a critical role in:
(a) Preventing child abuse and neglect;
(b) Strengthening children and families;
(c) Connecting family-impacting agencies and programs;
(d) Creating opportunities for community-level coordination; and
(e) Creating connections to resources and support systems." [ 2021 c 39 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.

catchline: Definitions.


title: RCW 74.14C.020

text:
(1) Intensive family preservation services shall have all of the following characteristics:
(a) Services are provided by specially trained service providers who have received at least forty hours of training from recognized intensive in-home services experts. Service providers deliver the services in the family's home, and other environments of the family, such as their neighborhood or schools;
(b) Caseload size averages two families per service provider unless paraprofessional services are utilized, in which case a provider may, but is not required to, handle an average caseload of five families;
(c) The services to the family are provided by a single service provider who may be assisted by paraprofessional workers, with backup providers identified to provide assistance as necessary;
(d) Services are available to the family within twenty-four hours following receipt of a referral to the program; and
(e) Except as provided in subsection (4) of this section, duration of service is limited to a maximum of forty days, unless paraprofessional workers are used, in which case the duration of services is limited to a maximum of ninety days. The department may authorize an additional provision of service through an exception to policy when the department and provider agree that additional services are needed.
(2) Family preservation services shall have all of the following characteristics:
(a) Services are delivered primarily in the family home or community;
(b) Services are committed to reinforcing the strengths of the family and its members and empowering the family to solve problems and become self-sufficient;
(c) Services are committed to providing support to families through community organizations including but not limited to school, church, cultural, ethnic, neighborhood, and business;
(d) Services are available to the family within forty-eight hours of referral unless an exception is noted in the file;
(e) Except as provided in subsection (4) of this section, duration of service is limited to a maximum of six months, unless the department requires additional follow-up on an individual case basis;
(f) Caseload size no more than ten families per service provider, which can be adjusted when paraprofessional workers are used or required by the department; and
(g) Support and retain foster families so they can provide quality family-based settings for children in foster care.
(3) Preservation services shall include the following characteristics:
(a) Services protect the child and strengthen the family;
(b) Service providers have the authority and discretion to spend funds, up to a maximum amount specified by the department, to help families obtain necessary food, shelter, or clothing, or to purchase other goods or services that will enhance the effectiveness of intervention;
(c) Services are available to the family twenty-four hours a day and seven days a week;
(d) Services enhance parenting skills, family and personal self-sufficiency, functioning of the family, and reduce stress on families; and
(e) Services help families locate and use additional assistance including, but not limited to, the development and maintenance of community support systems, counseling and treatment services, housing, child care, education, job training, emergency cash grants, state and federally funded public assistance, and other basic support services.
(4) The department may offer or provide family preservation services or preservation services to families as remedial services pursuant to proceedings brought under chapter 13.34 RCW. If the department elects to do so, these services are not considered remedial services as defined in chapter 13.34 RCW, and the department may extend the duration of such services for a period of up to fifteen months following the return home of a child under chapter 13.34 RCW. The purpose for extending the duration of these services is to, whenever possible, facilitate safe and timely reunification of the family and to ensure the strength and stability of the reunification.
[ 2019 c 172 s 9; 1996 c 240 s 3; 1995 c 311 s 3; 1992 c 214 s 3.]

catchline: Preservation services.


title: RCW 74.14C.030

text:
(1) The department shall be the lead administrative agency for preservation services and may receive funding from any source for the implementation or expansion of such services. The department shall:
(a) Provide coordination and planning with the advice of the community networks for the implementation and expansion of preservation services; and
(b) Monitor and evaluate such services to determine whether the programs meet measurable standards specified by this chapter and the department.
(2) The department may: (a) Allow its contractors for preservation services to use paraprofessional workers when the department and provider determine the use appropriate. The department may also use paraprofessional workers, as appropriate, when the department provides preservation services; and (b) allow follow-up to be provided, on an individual case basis, when the department and provider determine the use appropriate.
(3) In carrying out the requirements of this section, the department shall consult with qualified agencies that have demonstrated expertise and experience in preservation services.
(4) The department may provide preservation services directly and shall, within available funds, enter into outcome-based, competitive contracts with social service agencies to provide preservation services, provided that such agencies meet measurable standards specified by this chapter and by the department. The standards shall include, but not be limited to, satisfactory performance in the following areas:
(a) The number of families appropriately connected to community resources;
(b) Avoidance of new referrals accepted by the department for child protective services or family reconciliation services within one year of the most recent case closure by the department;
(c) Consumer satisfaction;
(d) For reunification cases, reduction in the length of stay in out-of-home placement; and
(e) Reduction in the level of risk factors specified by the department.
(5)(a) The department shall not provide intensive family preservation services unless it is demonstrated that provision of such services prevent out-of-home placement in at least seventy percent of the cases served for a period of at least six months following termination of services. The department's caseworkers may only provide preservation services if there is no other qualified entity willing or able to do so.
(b) Contractors shall demonstrate that provision of intensive family preservation services prevent out-of-home placement in at least seventy percent of the cases served for a period of no less than six months following termination of services. The department may increase the period of time based on additional research and data. If the contractor fails to meet the seventy percent requirement the department may: (i) Review the conditions that may have contributed to the failure to meet the standard and renew the contract if the department determines: (A) The contractor is making progress to meet the standard; or (B) conditions unrelated to the provision of services, including case mix and severity of cases, contributed to the failure; or (ii) reopen the contract for other bids.
(c) The department shall cooperate with any person who has a contract under this section in providing data necessary to determine the amount of reduction in foster care. For the purposes of this subsection "prevent out-of-home placement" means that a child who has been a recipient of intensive family preservation services has not been placed outside of the home, other than for a single, temporary period of time not exceeding fourteen days.
(6) The department shall adopt rules to implement this chapter.
[ 1996 c 240 s 4; 1995 c 311 s 4; 1992 c 214 s 4.]

catchline: Department duties.


title: RCW 74.14C.032

text:
The initial contracts under *RCW 74.14C.030(3) shall be executed not later than July 1996 and shall expire June 30, 1997. Subsequent contracts shall be for periods not to exceed twenty-four months.
[ 1995 c 311 s 13.]
Notes:
*Reviser's note: RCW 74.14C.030 was amended by 1996 c 240 s 4, changing subsection (3) to subsection (4).

catchline: Preservation services contracts.


title: RCW 74.14C.040

text:
(1) Intensive family preservation services may be provided to children and their families only when the department has determined that:
(a) The child has been placed out-of-home or is at imminent risk of an out-of-home placement due to:
(i) Child abuse or neglect;
(ii) A serious threat of substantial harm to the child's health, safety, or welfare; or
(iii) Family conflict; and
(b) There are no other reasonably available services including family preservation services that will prevent out-of-home placement of the child or make it possible to immediately return the child home.
(2) The department shall refer eligible families to intensive family preservation services on a twenty-four hour intake basis. The department need not refer otherwise eligible families, and intensive family preservation services need not be provided, if:
(a) The services are not available in the community in which the family resides;
(b) The services cannot be provided because the program is filled to capacity and there are no current service openings;
(c) The family refuses the services;
(d) The department, or the agency that is supervising the foster care placement, has developed a case plan that does not include reunification of the child and family; or
(e) The department or the service provider determines that the safety of a child, a family member, or persons providing the service would be unduly threatened.
(3) Nothing in this chapter shall prevent provision of intensive family preservation services to nonfamily members when the department or the service provider deems it necessary or appropriate to do so in order to assist the family or child.
[ 1995 c 311 s 6; 1992 c 214 s 5.]

catchline: Intensive family preservation services—Eligibility criteria.