title: RCW 74.13.336

text:
(1) A youth who has reached age 18 years may request extended foster care services authorized under RCW 74.13.031 at any time before he or she reaches the age of 21 years if:
(a) The dependency proceeding of the youth was dismissed pursuant to RCW 13.34.267(5) at the time that he or she reached age 18 years; or
(b) The court, after holding the dependency case open pursuant to RCW 13.34.267(1), has dismissed the case because the youth became ineligible for extended foster care services.
(2)(a) Upon a request for extended foster care services by a youth pursuant to subsection (1) of this section, a determination that the youth is eligible for extended foster care services, and the completion of a voluntary placement agreement, the department shall provide extended foster care services to the youth.
(b) In order to continue receiving extended foster care services after entering into a voluntary placement agreement with the department, the youth must agree to the entry of an order of dependency within 180 days of the date that the youth is placed in extended foster care pursuant to a voluntary placement agreement.
(3) A youth may enter into a voluntary placement agreement for extended foster care services. A youth becomes eligible for extended foster care services as of the date the youth either signs an extended foster care agreement or voluntary placement agreement or turns 18, whichever occurs later. A youth may sign a voluntary placement agreement or an extended foster care agreement anytime within six months of the youth's 18th birthday, in which case the agreement will take effect on the youth's 18th birthday. A youth may sign a voluntary placement agreement or agreement to participate in extended foster care at any time after turning 18. The youth may withdraw his or her consent to participate, at any time, including prior to their 18th birthday. A voluntary placement agreement may be signed by a dependent child or eligible youth over the age of 18 electronically.
(4) A youth who is not in a licensed foster care placement upon signing an extended foster care agreement or voluntary placement agreement, and who has turned 18 years old, shall receive their first supervised independent living subsidy within one month.
(5) The department shall develop a program to make incentive payments to youth in extended foster care who participate in qualifying activities described in *RCW 74.13.031(12)(b) (i) through (v). This program design must include stakeholder engagement from impacted communities. Subject to appropriations for this specific purpose, the department shall make incentive payments to qualifying youth in addition to the supervised independent living subsidy, beginning by July 1, 2025.
(6) "Voluntary placement agreement," for the purposes of this section, means a written voluntary agreement by a youth who agrees to participate in extended foster care.
[ 2024 c 192 s 6; 2018 c 34 s 4; 2013 c 332 s 5.]
Notes:
*Reviser's note: 74.13.031 was amended by 2024 c 298 s 8, changing subsection (12)(b) to subsection (14)(b), effective July 1, 2025.
Findings—Intent—2024 c 192: See note following RCW 13.34.030.
Effective date—2018 c 34: See note following RCW 13.34.267.
Findings—Recommendations—Application—2013 c 332: See notes following RCW 13.34.267.

catchline: Extended foster care services.


doc_type: statute

jurisdiction: wa

title: RCW 74.13.337

text:
(1) Beginning January 1, 2027, the department may not apply any benefits, payments, funds, or accrual paid to, or on behalf of, a person in extended foster care as reimbursement for the cost of care.
(2) When a person in extended foster care is not already receiving social security benefits, including supplemental security income and retirement, survivors, and disability insurance benefits, the department shall assess whether the person is eligible for such benefits. When a person is assessed to be eligible for social security benefits, the department shall:
(a) Assist the person to become the payee for their social security benefits and maintain eligibility for those benefits while the department is the representative payee; and
(b) Assist persons who are designated as payees for their benefits establish a financial account appropriate for receiving those benefits such as a Washington achieving a better life experience account, a checking or savings account, or another form of electronic banking. The department may provide support to determine if the person can manage the account on their own or if they need an authorized representative to manage their account.
(3) If a person in extended foster care is determined to need additional support in managing their benefits, the department shall make reasonable efforts to identify a suitable individual to serve as the person's authorized representative. If neither the person nor the department is able to identify a suitable authorized representative, the department may serve in that role until the person or the department can identify a suitable individual to serve in place of the department. The department may contract with an external entity to administer and manage the accounts governed by this section on the department's behalf.
(4) If the department is the representative payee for social security benefits for a person in foster care or extended foster care, the department maintains a fiduciary duty to manage the funds consistent with federal social security administration rules and regulations.
(5) For purposes of this section, "person in extended foster care" means a person who is age 18 to 21 who is in the care of the department under chapter 13.34 RCW.
[ 2026 c 92 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Extended foster care—Financial reimbursement—Financial assistance—Authorized representatives.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 74.13.338

text:
(1) Subject to the availability of funds appropriated for this specific purpose, the department shall contract with a private nonprofit organization that agrees to work collaboratively with independent living providers and the department and is selected after a competitive application process to provide driver's license support for foster youth, including youth receiving extended foster care services.
(2) The nonprofit organization selected pursuant to subsection (1) of this section shall provide support for foster youth ages fifteen through twenty-one, including youth receiving extended foster care services, in navigating the driver's licensing process. This support must include:
(a) Reimbursement of fees necessary for a foster youth to obtain a driver's instruction permit, an intermediate license, and a standard or enhanced driver's license, including any required examination fees, as described in chapter 46.20 RCW;
(b) Reimbursement of fees required for a foster youth to complete a driver training education course, if the foster youth is under the age of eighteen, as outlined in chapter 46.82 or 28A.220 RCW;
(c) Reimbursement of the increase in motor vehicle liability insurance costs incurred by foster parents, relative placements, or other foster placements adding a foster youth to his or her motor vehicle liability insurance policy, with a preference on reimbursements for those foster youth who practice safe driving and avoid moving violations and at-fault collisions.
(3) By December 1, 2019, the nonprofit organization selected pursuant to subsection (1) of this section shall submit a report to the department and the appropriate committees of the legislature, including the transportation committees of the legislature, documenting the number of foster youth served by the program; the average cost per youth served; the extent to which foster youth report any negative outcomes of the program, including a foster parent's inappropriate use of a foster youth's driving authorization; and recommendations for future policy or statutory or funding changes necessary to more effectively allow foster youth to obtain drivers' licenses and motor vehicle liability insurance.
[ 2017 c 206 s 1.]

catchline: Driver's license support for foster youth.


title: RCW 74.13.341

text:
(1) With respect to children who are subject to an open dependency proceeding under chapter 13.34 RCW and may exit dependency proceedings under chapter 13.34 RCW after reaching the maximum age for dependent children, the department shall invite representatives from the entity providing managed health and behavioral health care for foster youth required under RCW 74.09.860, and the department of social and health services behavioral health administration, the developmental disabilities administration, the division of vocational rehabilitation, and the economic services administration to the youth's shared planning meeting that occurs between the age of 17 and 17.5 that is used to develop a transition plan. It is the responsibility of the department to include these agencies in the shared planning meeting.
(2) For youth who are subject to an open dependency proceeding under chapter 13.34 RCW and the department caseworker believes may be eligible for services administered by the developmental disabilities administration, the department shall convene a shared planning meeting that includes representatives from the developmental disabilities administration and the division of vocational rehabilitation when the youth is between the ages of 16 and 16.5. This meeting must be used to begin planning services for the youth in advance of the youth's transition to adulthood. The shared planning meeting required under this subsection may include:
(a) Assessing functional eligibility for developmental disability waiver services;
(b) Understanding the services that the youth wants or needs upon the youth's exit from a dependency under chapter 13.34 RCW;
(c) Advanced planning for residential services provided by the developmental disabilities administration of the department of social and health services;
(d) Advanced planning for housing options available from entities other than the developmental disabilities administration of the department of social and health services the youth wants or needs upon the youth's exit from a dependency under chapter 13.34 RCW; and
(e) Development of an action plan so that the services the youth wants or needs will be provided following the youth's exit from dependency proceedings under chapter 13.34 RCW.
(3) If children who are subject to an open dependency proceeding under chapter 13.34 RCW and who are the subject of either shared planning meeting described under this section may qualify for services provided by the developmental disabilities administration pursuant to Title 71A RCW, the department shall direct these youth to apply for these services and provide assistance in the application process.
[ 2021 c 56 s 3; 2018 c 58 s 49; 2015 c 240 s 4.]
Notes:
Intent—2021 c 56: See note following RCW 74.13.805.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2015 c 240: See note following RCW 13.34.267.

catchline: Transition plan—Planning services—Qualification for services provided by the developmental disabilities administration.


title: RCW 74.13.500

text:
(1) Consistent with the provisions of chapter 42.56 RCW and applicable federal law, the secretary, or the secretary's designee, shall disclose information regarding the abuse or neglect of a child, the investigation of the abuse, neglect, or near fatality of a child, and any services related to the abuse or neglect of a child if any one of the following factors is present:
(a) The subject of the report has been charged in an accusatory instrument with committing a crime related to a report maintained by the department in its case and management information system;
(b) The investigation of the abuse or neglect of the child by the department or the provision of services by the department has been publicly disclosed in a report required to be disclosed in the course of their official duties, by a law enforcement agency or official, a prosecuting attorney, any other state or local investigative agency or official, or by a judge of the superior court;
(c) There has been a prior knowing, voluntary public disclosure by an individual concerning a report of child abuse or neglect in which such individual is named as the subject of the report; or
(d) The child named in the report has died and the child's death resulted from abuse or neglect or the child was in the care of, or receiving services from the department at the time of death or within twelve months before death.
(2) The secretary is not required to disclose information if the factors in subsection (1) of this section are present if he or she specifically determines the disclosure is contrary to the best interests of the child, the child's siblings, or other children in the household.
(3) Except for cases in subsection (1)(d) of this section, requests for information under this section shall specifically identify the case about which information is sought and the facts that support a determination that one of the factors specified in subsection (1) of this section is present.
(4) For the purposes of this section, "near fatality" means an act that, as certified by a physician, places the child in serious or critical condition. The secretary is under no obligation to have an act certified by a physician in order to comply with this section.
[ 2018 c 284 s 55; 2009 c 520 s 84; 2005 c 274 s 351; 1999 c 339 s 1; 1997 c 305 s 2.]
Notes:
Effective date—1999 c 339: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 1999]." [ 1999 c 339 s 2.]
Conflict with federal requirements—1997 c 305: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1997 c 305 s 8.]

catchline: Disclosure of child welfare records—Factors—Exception.


title: RCW 74.13.505

text:
For purposes of RCW 74.13.500, the following information shall be disclosable:
(1) The name of the abused or neglected child;
(2) The determination made by the department of the referrals, if any, for abuse or neglect;
(3) Identification of child protective or other services provided or actions, if any, taken regarding the child named in the report and his or her family as a result of any such report or reports. These records include but are not limited to administrative reports of fatality, fatality review reports, case files, inspection reports, and reports relating to social work practice issues; and
(4) Any actions taken by the department in response to reports of abuse or neglect of the child.
[ 1997 c 305 s 3.]
Notes:
Conflict with federal requirements—1997 c 305: See note following RCW 74.13.500.

catchline: Disclosure of child welfare records—Information to be disclosed.


title: RCW 74.13.510

text:
In determining under RCW 74.13.500 whether disclosure will be contrary to the best interests of the child, the secretary, or the secretary's designee, must consider the effects which disclosure may have on efforts to reunite and provide services to the family.
[ 1997 c 305 s 4.]
Notes:
Conflict with federal requirements—1997 c 305: See note following RCW 74.13.500.

catchline: Disclosure of child welfare records—Consideration of effects.


title: RCW 74.13.515

text:
For purposes of RCW 74.13.500(1)(d), the secretary must make the fullest possible disclosure consistent with chapter 42.56 RCW and applicable federal law in cases of all fatalities of children who were in the care of, or receiving services from, the department at the time of their death or within the twelve months previous to their death.
If the secretary specifically determines that disclosure of the name of the deceased child is contrary to the best interests of the child's siblings or other children in the household, the secretary may remove personally identifying information.
For the purposes of this section, "personally identifying information" means the name, street address, social security number, and day of birth of the child who died and of private persons who are relatives of the child named in child welfare records. "Personally identifying information" shall not include the month or year of birth of the child who has died. Once this personally identifying information is removed, the remainder of the records pertaining to a child who has died must be released regardless of whether the remaining facts in the records are embarrassing to the unidentifiable other private parties or to identifiable public workers who handled the case.
[ 2018 c 284 s 56; 2009 c 520 s 85; 2005 c 274 s 352; 1997 c 305 s 5.]
Notes:
Conflict with federal requirements—1997 c 305: See note following RCW 74.13.500.

catchline: Disclosure of child welfare records—Fatalities.


title: RCW 74.13.520

text:
Except as it applies directly to the cause of the abuse or neglect of the child and any actions taken by the department in response to reports of abuse or neglect of the child, nothing in RCW 74.13.500 through 74.13.515 is deemed to authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials, or information pertaining to the child or the child's family.
[ 1997 c 305 s 6.]
Notes:
Conflict with federal requirements—1997 c 305: See note following RCW 74.13.500.

catchline: Disclosure of child welfare records—Information not to be disclosed.


title: RCW 74.13.525

text:
The department, when acting in good faith, is immune from any criminal or civil liability, except as provided under RCW 42.56.550, for any action taken under RCW 74.13.500 through 74.13.520.
[ 2018 c 284 s 57; 2009 c 520 s 86; 2005 c 274 s 353; 1997 c 305 s 7.]
Notes:
Conflict with federal requirements—1997 c 305: See note following RCW 74.13.500.

catchline: Disclosure of child welfare records—Immunity from liability.


title: RCW 74.13.530

text:
(1) No child may be placed or remain in a specific out-of-home placement under this chapter or chapter 13.34 RCW when there is a conflict of interest on the part of any adult residing in the home in which the child is to be or has been placed. A conflict of interest exists when:
(a) There is an adult in the home who, as a result of: (i) His or her employment; and (ii) an allegation of abuse or neglect of the child, conducts or has conducted an investigation of the allegation; or
(b) The child has been, is, or is likely to be a witness in any pending cause of action against any adult in the home when the cause includes: (i) An allegation of abuse or neglect against the child or any sibling of the child; or (ii) a claim of damages resulting from wrongful interference with the parent-child relationship of the child and his or her biological or adoptive parent.
(2) For purposes of this section, "investigation" means the exercise of professional judgment in the review of allegations of abuse or neglect by: (a) Law enforcement personnel; (b) persons employed by, or under contract with, the state; (c) persons licensed to practice law and their employees; and (d) mental health professionals as defined in chapter 71.05 RCW.
(3) The prohibition set forth in subsection (1) of this section may not be waived or deferred by the department under any circumstance or at the request of any person, regardless of who has made the request or the length of time of the requested placement.
[ 2018 c 284 s 58; 2009 c 520 s 87; 2001 c 318 s 4.]

catchline: Child placement—Conflict of interest.


title: RCW 74.13.540

text:
Independent living services include assistance in achieving basic educational requirements such as a high school equivalency certificate as provided in RCW 28B.50.536, enrollment in vocational and technical training programs offered at the community and vocational colleges, and obtaining and maintaining employment; and accomplishing basic life skills such as money management, nutrition, preparing meals, and cleaning house. A baseline skill level in ability to function productively and independently shall be determined at entry. Performance shall be measured and must demonstrate improvement from involvement in the program. Each recipient shall have a plan for achieving independent living skills by the time the recipient reaches age twenty-one. The plan shall be written within the first thirty days of placement and reviewed every ninety days. A recipient who fails to consistently adhere to the elements of the plan shall be subject to reassessment by the professional staff of the program and may be declared ineligible to receive services.
[ 2013 c 39 s 30; 2001 c 192 s 2.]

catchline: Independent living services.


title: RCW 74.13.550

text:
(1) It is the policy of the state of Washington that, whenever practical and in the best interest of the child, children who are the subject of a dependency proceeding shall remain enrolled in their schools of origin.
(2) For the purposes of this section, "children who are the subject of a dependency proceeding" means a child or youth who is located in Washington state and the subject of a shelter care or dependency order pursuant to chapter 13.34 RCW, and "school of origin" means the school in which a child is enrolled at the time of placement in foster care. If a child's foster care placement changes, the school of origin must be considered the school in which the child is enrolled at the time of the placement change.
[ 2022 c 78 s 8; 2003 c 112 s 2.]
Notes:
Findings—Intent—2003 c 112: "The legislature finds that the educational attainment of children in foster care is significantly lower than that of children not in foster care. The legislature finds that many factors influence educational outcomes for children in foster care, including the disruption of the educational process because of repeatedly changing schools.
The legislature recognizes the importance of educational stability for foster children, and encourages the ongoing efforts of the department of social and health services and the office of the superintendent of public instruction to improve educational attainment of children in foster care. It is the intent of the legislature that efforts continue such as the recruitment of foster homes in school districts with high rates of foster care placements, the development and dissemination of informational materials regarding the challenges faced by children in foster care, and the expansion to other school districts of best practices identified in pilot projects." [ 2003 c 112 s 1.]

catchline: Child placement—Policy of educational continuity.


title: RCW 74.13.560

text:
(1) The administrative regions of the department shall, in collaboration with school districts within their region as required by RCW 28A.225.360, develop protocols specifying specific strategies for communication, coordination, and collaboration regarding the status and progress of children in out-of-home care placed in the region, and children in the region who are the subject of a dependency proceeding. The purpose of the protocols is to maximize the educational continuity and achievement for the children. The protocols must include methods to assure effective sharing of information, consistent with RCW 28A.225.330.
(2) The protocols required by this section must also include protocols for making best interest determinations for students in out-of-home care, and children who are the subject of a dependency proceeding that comply with RCW 28A.225.350. The protocols for making best interest determinations must be implemented before changing the school placement of a student.
(3) For the purposes of this section, "children who are the subject of a dependency proceeding" means a child or youth who is located in Washington state and the subject of a shelter care or dependency order pursuant to chapter 13.34 RCW, and "out-of-home care" has the same meaning as in RCW 13.34.030.
[ 2022 c 78 s 9. Prior: 2018 c 284 s 59; 2018 c 139 s 4; 2009 c 520 s 88; 2003 c 112 s 3.]
Notes:
Effective date—2018 c 139: See note following RCW 28A.225.350.
Findings—Intent—2003 c 112: See note following RCW 74.13.550.


title: RCW 74.13.570

text:
(1) The department shall establish an oversight committee composed of staff from the office of the superintendent of public instruction, the student achievement council, foster youth, former foster youth, foster parents, and advocacy agencies to develop strategies for maintaining foster children in the schools they were attending at the time they entered foster care and to promote opportunities for foster youth to participate in postsecondary education or training.
(2) The duties of the oversight committee shall include, but are not limited to:
(a) Developing strategies for school-based recruitment of foster homes;
(b) Monitoring the progress of current pilot projects that assist foster children to continue attending the schools they were attending at the time they entered foster care;
(c) Overseeing the expansion of the number of pilot projects;
(d) Promoting the use of best practices, throughout the state, demonstrated by the pilot projects and other programs relating to maintaining foster children in the schools they were attending at the time they entered foster care;
(e) Informing the legislature of the status of efforts to maintain foster children in the schools they were attending at the time they entered foster care;
(f) Assessing the scope and nature of statewide need among current and former foster youth for assistance to pursue and participate in postsecondary education or training opportunities;
(g) Identifying available sources of funding available in the state for services to former foster youth to pursue and participate in postsecondary education or training opportunities;
(h) Reviewing the effectiveness of activities in the state to support former foster youth to pursue and participate in postsecondary education or training opportunities;
(i) Identifying new activities, or existing activities that should be modified or expanded, to best meet statewide needs; and
(j) Reviewing on an ongoing basis the progress toward improving educational and vocational outcomes for foster youth.
[ 2018 c 58 s 58; 2012 c 229 s 594; 2005 c 93 s 2; 2003 c 112 s 4.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Findings—Intent—2005 c 93: "(1) The legislature finds that:
(a) The majority of foster youth fail to thrive in our educational system and, relative to nonfoster youth, disproportionately few enroll in college or other postsecondary training programs. As a result, former foster youth generally have poor employment and life satisfaction outcomes; and
(b) Low expectations, lack of information, fragmented support services, and financial hardship are the most frequently cited reasons for failure of foster youth to pursue postsecondary education or training. Initiatives have been undertaken at both the state and community levels in Washington to improve outcomes for foster youth in transition to independence; however, these initiatives are often not coordinated to complement one another.
(2) The legislature intends to encourage and support foster youth to pursue postsecondary education or training opportunities. A coordination committee that provides statewide planning and oversight of related efforts will improve the effectiveness of both current and future initiatives to improve postsecondary educational outcomes for foster youth. In addition, the state can provide financial support to former foster youth pursuing higher education or training by setting aside portions of the state need grant and the state work-study programs specifically for foster youth." [ 2005 c 93 s 1.]
Findings—Intent—2003 c 112: See note following RCW 74.13.550.

catchline: Oversight committee—Duties.


title: RCW 74.13.580

text:
The department shall work with the administrative office of the courts to develop protocols to ensure that educational stability is addressed during the shelter care hearing.
[ 2003 c 112 s 5.]
Notes:
Findings—Intent—2003 c 112: See note following RCW 74.13.550.

catchline: Educational stability during shelter care hearing—Protocol development.


title: RCW 74.13.590

text:
The department shall perform the tasks provided in RCW 74.13.550 through 74.13.580 based on available resources.
[ 2018 c 284 s 60; 2009 c 520 s 89; 2003 c 112 s 6.]
Notes:
Findings—Intent—2003 c 112: See note following RCW 74.13.550.

catchline: Tasks to be performed based on available resources.


title: RCW 74.13.600

text:
(1) For the purposes of this section, "kin" means persons eighteen years of age or older to whom the child is related by blood, adoption, or marriage, including marriages that have been dissolved, and means: (a) Any person denoted by the prefix "grand" or "great"; (b) sibling, whether full, half, or step; (c) uncle or aunt; (d) nephew or niece; or (e) first cousin.
(2) The department shall plan, design, and implement strategies to prioritize the placement of children with willing and able kin when out-of-home placement is required.
These strategies must include at least the following:
(a) Development of standardized, statewide procedures to be used when searching for kin of children prior to out-of-home placement. The procedures must include a requirement that documentation be maintained in the child's case record that identifies kin, and documentation that identifies the assessment criteria and procedures that were followed during all kin searches. The procedures must be used when a child is placed in out-of-home care under authority of chapter 13.34 RCW, when a petition is filed under RCW 13.32A.140, or when a child is placed under a voluntary placement agreement. To assist with implementation of the procedures, the department shall request that the juvenile court require parents to disclose to the department all contact information for available and appropriate kin within two weeks of an entered order. For placements under signed voluntary agreements, the department shall encourage the parents to disclose to the department all contact information for available and appropriate kin within two weeks of the date the parent signs the voluntary placement agreement.
(b) Development of procedures for conducting active outreach efforts to identify and locate kin during all searches. The procedures must include at least the following elements:
(i) Reasonable efforts to interview known kin, friends, teachers, and other identified community members who may have knowledge of the child's kin, within sixty days of the child entering out-of-home care;
(ii) Increased use of those procedures determined by research to be the most effective methods of promoting reunification efforts, permanency planning, and placement decisions;
(iii) Contacts with kin identified through outreach efforts and interviews under this subsection as part of permanency planning activities and change of placement discussions;
(iv) Establishment of a process for ongoing contact with kin who express interest in being considered as a placement resource for the child; and
(v) A requirement that when the decision is made to not place the child with any kin, the department provides documentation as part of the child's individual service and safety plan that clearly identifies the rationale for the decision and corrective action or actions the kin must take to be considered as a viable placement option.
(3) Nothing in this section shall be construed to create an entitlement to services or to create judicial authority to order the provision of services to any person or family if the services are unavailable or unsuitable or the child or family is not eligible for such services.
[ 2018 c 284 s 61; 2009 c 520 s 90; 2003 c 284 s 1.]

catchline: Kinship caregivers—Definition—Placement of children with kin a priority—Strategies.


title: RCW 74.13.621

text:
(1) Within existing resources, the department shall establish an oversight committee to monitor, guide, and report on kinship care recommendations and implementation activities. The committee shall:
(a) Draft a kinship care definition that is restricted to persons related by blood, marriage, or adoption, including marriages that have been dissolved, or for a minor defined as an "Indian child" under the federal Indian child welfare act (25 U.S.C. Sec. 1901 et seq.), the definition of "extended family member" under the federal Indian child welfare act, and a set of principles. If the committee concludes that one or more programs or services would be more efficiently and effectively delivered under a different definition of kin, it shall state what definition is needed, and identify the program or service in the report. It shall also provide evidence of how the program or service will be more efficiently and effectively delivered under the different definition. The department shall not adopt rules or policies changing the definition of kin without authorizing legislation;
(b) Monitor and provide consultation on the implementation of recommendations contained in the 2002 kinship care report, including but not limited to the recommendations relating to legal and respite care services and resources;
(c) Partner with nonprofit organizations and private sector businesses to guide a public education awareness campaign;
(d) Assist with developing future recommendations on kinship care issues; and
(e) Coordinate with the kinship care legal aid coordinator to develop, expand, and deliver training materials designed to help pro bono and low bono attorneys provide legal advice and assistance to kinship caregivers on matters that relate to their ability to meet physical, mental, social, educational, and other needs of children and youth in their care.
(2) The department shall consult with the oversight committee on its efforts to better collaborate and coordinate services to benefit kinship care families.
(3) The oversight committee must consist of a minimum of thirty percent kinship caregivers, who shall represent a diversity of kinship families. Statewide representation with geographic, ethnic, and gender diversity is required. Other members shall include representatives of the department, representatives of relevant state agencies, representatives of the private nonprofit and business sectors, child advocates, representatives of Washington state Indian tribes as defined under the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.), and representatives of the legal or judicial field. Birth parents, foster parents, and others who have an interest in these issues may also be included.
(4) To the extent funding is available, the department may reimburse nondepartmental members of the oversight committee for costs incurred in participating in the meetings of the oversight committee.
(5) The kinship care oversight committee shall update the legislature and governor annually on committee activities, with each update due by December 1st.
[ 2019 c 465 s 2; 2017 3rd sp.s. c 1 s 982; 2015 3rd sp.s. c 4 s 970; 2013 2nd sp.s. c 4 s 996; (2011 1st sp.s. c 50 s 965 expired June 30, 2013); 2009 c 564 s 954; 2005 c 439 s 1.]
Notes:
Effective date—2019 c 465: See note following RCW 2.53.055.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2009 c 564: See note following RCW 2.68.020.

catchline: Kinship care oversight committee.


title: RCW 74.13.631

text:
(1) Consistent with the provisions for making best interest determinations established in RCW 28A.225.350 and 74.13.560, the department shall provide students who are the subject of a dependency proceeding with the opportunity to remain enrolled in their school of origin, unless the safety of the student is jeopardized, or a relative or other suitable person placement approved by the department is secured for the student, or it is determined not to be in the student's best interest. If the parties in the dependency case disagree regarding which school the student should be enrolled in, the student may remain enrolled in the school of origin until the disagreement is resolved in court, unless the department determines that the student is in immediate danger by remaining enrolled in the school of origin.
(2) Unless otherwise directed by the court, the educational responsibilities of the department for preschool and school-aged students residing in out-of-home care are the following:
(a) To collaboratively discuss and document school placement options and plan necessary school transfers during the family team decision-making meeting;
(b) To notify the receiving school and the school of origin that a youth residing in foster care is transferring schools;
(c) To request and secure missing academic records or medical records required for school enrollment within ten business days;
(d) To document the request and receipt of academic records in the individual service and safety plan;
(e) To pay any unpaid fees or fines due by the student to the school or school district;
(f) To notify all legal parties when a school disruption occurs; and
(g) To document factors that contributed to any school disruptions.
(3) The requirements of the department in subsections (1) and (2) of this section apply also for children who are the subject of a dependency proceeding.
(4) For the purposes of this section, "students who are the subject of a dependency proceeding" means a child or youth who is located in Washington state and the subject of a shelter care or dependency order pursuant to chapter 13.34 RCW.
[ 2022 c 78 s 10; 2018 c 139 s 5; 2013 c 182 s 6.]
Notes:
Effective date—2018 c 139: See note following RCW 28A.225.350.
Findings—2013 c 182: See note following RCW 13.34.030.

catchline: Students subject to a dependency proceeding—School placement options.


title: RCW 74.13.632

text:
(1) A university-based child welfare research entity shall include in its reporting the educational experiences and progress of students in out-of-home care with the department. This data must be disaggregated in the smallest units allowable by law that do not identify an individual student, in order to learn which of the department's offices and school districts are experiencing the greatest success and challenges in achieving quality educational outcomes with students in out-of-home care with the department.
(2) By January 1, 2015 and annually thereafter, the university-based child welfare research entity must submit a report to the legislature. To the extent possible, the report should include, but is not limited to, information on the following measures for a youth who is a dependent pursuant to chapter 13.34 RCW:
(a) Aggregate scores from the Washington state kindergarten readiness assessment;
(b) Aggregate scores from the third grade statewide student assessment in reading;
(c) Number of youth graduating from high school with a documented plan for postsecondary education, employment, or military service;
(d) Number of youth completing one year of postsecondary education, the equivalent of first-year student credits, or achieving a postsecondary certificate; and
(e) Number of youth who complete an associate or bachelor's degree.
(3) The report must identify strengths and weaknesses in practice and recommend to the legislature strategy and needed resources for improvement.
[ 2018 c 58 s 48; 2013 c 182 s 7.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—2013 c 182: See note following RCW 13.34.030.

catchline: School-aged youth in out-of-home care—Educational experiences and progress—Reports.


title: RCW 74.13.640

text:
(1)(a) The department shall conduct a child fatality review in the event of a fatality suspected to be caused by child abuse or neglect of any minor who is in the care of the department or receiving services described in this chapter or who has been in the care of the department or received services described in this chapter within one year preceding the minor's death.
(b) The department shall consult with the office of the family and children's ombuds to determine if a child fatality review should be conducted in any case in which it cannot be determined whether the child's death is the result of suspected child abuse or neglect.
(c) The department shall ensure that the fatality review team is made up of individuals who had no previous involvement in the case, including individuals whose professional expertise is pertinent to the dynamics of the case.
(d) Upon conclusion of a child fatality review required pursuant to this section, the department shall within one hundred eighty days following the fatality issue a report on the results of the review, unless an extension has been granted by the governor. Reports must be distributed to the appropriate committees of the legislature, and the department shall create a public website where all child fatality review reports required under this section must be posted and maintained. A child fatality review report completed pursuant to this section is subject to public disclosure and must be posted on the public website, except that confidential information may be redacted by the department consistent with the requirements of RCW 13.50.100, 68.50.105, 74.13.500 through 74.13.525, chapter 42.56 RCW, and other applicable state and federal laws.
(e) The department shall develop and implement procedures to carry out the requirements of this section.
(2)(a) In the event of a near fatality of a child who is in the care of or receiving services described in this chapter from the department or who has been in the care of or received services described in this chapter from the department within one year preceding the near fatality, the department shall promptly notify the office of the family and children's ombuds. The department may conduct a review of the near fatality at its discretion or at the request of the office of the family and children's ombuds.
(b) In the event of a near fatality of a child who is in the care of or receiving services described in this chapter from the department or who has been in the care of or received services described in this chapter from the department within three months preceding the near fatality, or was the subject of an investigation by the department for possible abuse or neglect, the department shall promptly notify the office of the family and children's ombuds and the department shall conduct a review of the near fatality.
(c) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition.
(3) In any review of a child fatality or near fatality in which the child was placed with or received services from an agency pursuant to a contract with the department, the department and the fatality review team shall have access to all records and files regarding the child or otherwise relevant to the review that have been produced or retained by the agency.
(4)(a) A child fatality or near fatality review completed pursuant to this section is subject to discovery in a civil or administrative proceeding, but may not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to this section.
(b) A department employee responsible for conducting a child fatality or near fatality review, or member of a child fatality or near fatality review team, may not be examined in a civil or administrative proceeding regarding (i) the work of the child fatality or near fatality review team, (ii) the incident under review, (iii) his or her statements, deliberations, thoughts, analyses, or impressions relating to the work of the child fatality or near fatality review team or the incident under review, or (iv) the statements, deliberations, thoughts, analyses, or impressions of any other member of the child fatality or near fatality review team, or any person who provided information to the child fatality or near fatality review team, relating to the work of the child fatality or near fatality review team or the incident under review.
(c) Documents prepared by or for a child fatality or near fatality review team are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in a child fatality or near fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by a child fatality or near fatality review team. A person is not unavailable as a witness merely because the person has been interviewed by or has provided a statement for a child fatality or near fatality review, but if called as a witness, a person may not be examined regarding the person's interactions with the child fatality or near fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review. This section may not be construed as restricting the person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(d) The restrictions set forth in this section do not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with a minor's death or near fatality reviewed by a child fatality or near fatality review team.
[ 2018 c 284 s 62; 2015 c 298 s 1; 2013 c 23 s 209; 2011 c 61 s 2; 2009 c 520 s 91; 2008 c 211 s 1; 2004 c 36 s 1.]
Notes:
Short title—2015 c 298: See note following RCW 26.44.290.

catchline: Child fatality reviews.


title: RCW 74.13.650

text:
A foster parent critical support and retention program is established to retain foster parents who care for sexually reactive children, physically assaultive children, or children with other high-risk behaviors, as defined in RCW 74.13.280. Services shall consist of short-term therapeutic and educational interventions to support the stability of the placement. The department shall enter into performance-based contracts with agencies to provide this program.
[ 2018 c 284 s 63; 2009 c 520 s 92; 2007 c 220 s 7; 2006 c 353 s 2.]
Notes:
Findings—2006 c 353: "The legislature finds that:
(1) Foster parents are able to successfully maintain placements of sexually reactive children, physically assaultive children, or children with other high-risk behaviors when they are provided with proper training and support. Lack of support contributes to placement disruptions and multiple moves between foster homes.
(2) Young children who have experienced repeated early abuse and trauma are at high risk for behavior later in life that is sexually deviant, if left untreated. Placement with a well-trained, prepared, and supported foster family can break this cycle." [ 2006 c 353 s 1.]

catchline: Foster parent critical support and retention program.


title: RCW 74.13.660

text:
Under the foster parent critical support and retention program, foster parents who care for sexually reactive children, physically assaultive children, or children with other high-risk behaviors, as defined in RCW 74.13.280, shall receive:
(1) Availability at any time of the day or night to address specific concerns related to the identified child;
(2) Assessment of risk and development of a safety and supervision plan;
(3) Home-based foster parent training utilizing evidence-based models; and
(4) Referral to relevant community services and training provided by the local department office or community agencies.
[ 2018 c 58 s 57; 2007 c 220 s 8; 2006 c 353 s 3.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—2006 c 353: See note following RCW 74.13.650.

catchline: Foster parent critical support and retention program—Availability, assessment, training, referral.


title: RCW 74.13.670

text:
(1) A care provider may not be found to have abused or neglected a child under chapter 26.44 RCW or be denied a license pursuant to chapter 74.15 RCW and RCW 74.13.031 for any allegations of failure to supervise in which:
(a) The allegations arise from the child's conduct that is substantially similar to prior behavior of the child, and:
(i) The child is a sexually reactive youth, exhibits high-risk behaviors, or is physically assaultive or physically aggressive as defined in RCW 74.13.280, and this information and the child's prior behavior was not disclosed to the care provider as required by RCW 74.13.280; and
(ii) The care provider did not know or have reason to know that the child needed supervision as a sexually reactive or physically assaultive or physically aggressive youth, or because of a documented history of high-risk behaviors, as a result of the care provider's involvement with or independent knowledge of the child or training and experience; or
(b) The child was not within the reasonable control of the care provider at the time of the incident that is the subject of the allegation, and the care provider was acting in good faith and did not know or have reason to know that reasonable control or supervision of the child was necessary to prevent harm or risk of harm to the child or other persons.
(2) Allegations of child abuse or neglect that meet the provisions of this section shall be designated as "unfounded" as defined in RCW 26.44.020.
[ 2009 c 520 s 93; 2007 c 220 s 5.]

catchline: Care provider immunity for allegation of failure to supervise a sexually reactive, physically assaultive, or physically aggressive youth—Conditions.


title: RCW 74.13.680

text:
(1) Within amounts appropriated for this specific purpose, the department shall continue to operate the state-funded foster care to twenty-one program for three years after June 7, 2012, at which point the program shall cease to operate.
(2) The department shall not have the authority to enroll any new youth under this program after June 7, 2012, and shall only serve eligible youth enrolled prior to that date.
(3) The purpose of the foster care to twenty-one program is to serve youth ages eighteen to twenty-one who are enrolled and participating in a postsecondary academic or postsecondary vocational program.
(4) A youth participating in this program may, within amounts appropriated for this specific purpose, continue to receive placement services until the youth reaches his or her twenty-first birthday or is no longer enrolled in and participating in a postsecondary program, whichever is earlier.
[ 2012 c 52 s 3; 2011 c 330 s 8.]
Notes:
Intent—2012 c 52: See note following RCW 74.13.031.
Intent—2011 c 330: See note following RCW 13.04.011.

catchline: Foster care to twenty-one program—Termination.


title: RCW 74.13.690

text:
(1) A university-based child welfare research entity and the department, in collaboration with other stakeholders, shall develop measurements in the areas of safety, permanency, and well-being, using existing and available data. Measurements must be calculated from data used in the routine work of the state agencies' data and information technology departments. Any new record linkage or data-matching activities required in fulfillment of this section may be performed by the research entity pursuant to agreements developed under subsection (6) of this section.
(2) For the purposes of this section, "state agencies" means any agency or subagency providing data used in the integrated client database maintained by the research and data analysis division of the department. Any exchange of data must be in accordance with applicable federal and state law.
(3) All measurements must use a methodology accepted by the scientific community. All measurements must address any disproportionate racial and ethnic inequality. The initial measurements must be developed by December 1, 2013.
(4) The measurements may not require the state agencies to revise their data collection systems, and may not require the state agencies to provide individually identifiable information.
(5) The state agencies shall provide the research entity with all measurement data related to the measurements developed under this section at least quarterly beginning July 1, 2014. The research entity shall make any nonidentifiable data publicly available. The research entity shall report on the data to the legislature and the governor annually starting December 31, 2014.
(6) By January 1, 2014, the state agencies shall execute agreements with the research entity to enable sharing of data pursuant to RCW 42.48.020 sufficient to comply with this section.
(7) The fact that the research entity has chosen to use a specific measure, use a specific baseline, or compare any measure to a baseline is not admissible as evidence of negligence by the department in a civil action.
[ 2013 c 205 s 2.]
Notes:
Findings—Reports—2013 c 205: "(1) The legislature recognizes that the goals of the child welfare system are to protect the safety, permanence, and well-being of the children it serves. The legislature further recognizes the importance of maintaining publicly accessible data that tracks the performance of the child welfare system, leading to transparency and public understanding of the system.
(2) The legislature believes it is important to measure safety, permanence, and well-being such that the public and the legislature may understand how the child welfare system is performing. This information will also serve the legislature in determining priorities for investment of public dollars as well as need for substantive legislative changes to facilitate improvement.
(3) The reports to the legislature under section 2 of this act will be used to provide feedback to the department of social and health services. The agencies referenced in section 2 of this act will not disclose individually identifiable private information except as allowable under federal and state law." [ 2013 c 205 s 1.]

catchline: Child welfare measurements.


title: RCW 74.13.695

text:
The office of innovation, alignment, and accountability must develop a single validated tool to assess the care needs of foster children. Once the validated tool is available for use on a statewide basis, the department of children, youth, and families must use the tool for assessing the care needs of foster children, including but not limited to whether the department should provide foster children with behavioral rehabilitation services. The department must notify the caseload forecast council, the office of financial management, and the appropriate fiscal committees of the legislature when it begins statewide use of the validated tool.
[ 2018 c 208 s 3.]

catchline: Validated tool to assess care needs.


title: RCW 74.13.700

text:
(1) In determining the character, suitability, and competence of an individual, the department may not:
(a) Deny or delay a license or approval of unsupervised access to children to an individual solely because of a crime or civil infraction involving the individual or entity revealed in the background check process that does not fall within the categories of disqualifying crimes described in the adoption and safe families act of 1997 or does not relate directly to child safety, permanence, or well-being;
(b) Deny or delay a license or approval of unsupervised access to children to an individual solely because of a founded finding of physical abuse or negligent treatment or maltreatment by the applicant or solely because the applicant's child was found by a court to be dependent as a result of a finding that the parent abused or neglected the child pursuant to RCW 13.34.030(6)(b) when that founded finding or court finding is accompanied by a certificate of parental improvement as defined in this chapter related to the same incident; or
(c) Delay the issuance of a license or approval of unsupervised access to children by requiring the individual to obtain records relating to a crime or civil infraction revealed in the background check process that does not fall within the categories of disqualifying crimes described in the adoption and safe families act of 1997 or does not relate directly to child safety, permanence, or well-being.
(2) If the department determines that an individual does not possess the character, suitability, or competence to provide care or have unsupervised access to a child, it must provide the reasons for its decision in writing with copies of the records or documents related to its decision to the individual within ten days of making the decision.
(3) For purposes of this section, "individual" means a relative as defined in RCW 74.15.020(2)(a), an "other suitable person" under chapter 13.34 RCW, a person pursuing licensing as a foster parent, or a person employed or seeking employment by a business or organization licensed by the department or with whom the department has a contract to provide care, supervision, case management, or treatment of children in the care of the department. "Individual" does not include long-term care workers defined in RCW 74.39A.009 whose background checks are conducted as provided in RCW 74.39A.056.
(4) The department or its officers, agents, or employees may not be held civilly liable based upon its decision to grant or deny unsupervised access to children if the background information it relied upon at the time the decision was made did not indicate that child safety, permanence, or well-being would be a concern.
[ 2020 c 270 s 3; 2014 c 88 s 4; 2013 c 162 s 2.]
Notes:
Effective date—2020 c 270: See note following RCW 74.13.720.
Findings—2013 c 162: "The legislature recognizes that the goals of the child welfare system are the safety, permanence, and well-being of the children it serves. The legislature further recognizes the importance of background checks conducted by the department of social and health services to assess an individual's character, suitability, and competence to determine whether an individual is appropriate to be provided a license under chapter 74.13 RCW or have unsupervised access to children. The legislature does not intend to change the current secretary of social and health services' list of crimes and negative actions. However, the legislature believes that either an unreasonable delay in a determination of whether to approve or deny a license under chapter 74.13 RCW or unsupervised access to children, when such unreasonable delay or denial is based solely on a crime or civil infraction not directly related to child safety, is not appropriate and is not in the best interest of the children being served by the child welfare system." [ 2013 c 162 s 1.]
Rules—2013 c 162: "The department of social and health services shall adopt all necessary rules to implement this act." [ 2013 c 162 s 8.]

catchline: Denial or delay of licensure or approval of unsupervised access to children.


title: RCW 74.13.705

text:
The department shall charge a fee to process a request made by a person in another state for an individual's child abuse or neglect history in this state or other background history on the individual possessed by the department. All proceeds from the fees collected must go directly to aiding the cost associated with the department conducting background checks.
[ 2013 c 162 s 3.]
Notes:
Findings—Rules—2013 c 162: See notes following RCW 74.13.700.


title: RCW 74.13.710

text:
(1) For the purposes of this section, "caregiver" means a person with whom a child is placed in out-of-home care, or a designated official for a group care facility licensed by the department.
(2) This section applies to all caregivers providing for children in out-of-home care.
(3) Caregivers have the authority to provide or withhold permission without prior approval of the caseworker, department, or court to allow a child in their care to participate in normal childhood activities based on a reasonable and prudent parent standard.
(a) Normal childhood activities include, but are not limited to, extracurricular, enrichment, and social activities, and may include overnight activities outside the direct supervision of the caregiver for periods of over twenty-four hours and up to seventy-two hours.
(b) The reasonable and prudent parent standard means the standard of care used by a caregiver in determining whether to allow a child in his or her care to participate in extracurricular, enrichment, and social activities. This standard is characterized by careful and thoughtful parental decision making that is intended to maintain a child's health, safety, and best interest while encouraging the child's emotional and developmental growth.
(4) Any authorization provided under this section must comply with provisions included in an existing safety plan established by the department or court order.
(5)(a) Caseworkers shall discuss the child's interest in and pursuit of normal childhood activities in their monthly health and safety visits and describe the child's participation in normal childhood activities in the individual service and safety plan.
(b) Caseworkers shall also review a child's interest in and pursuit of normal childhood activities during monthly meetings with parents. Caseworkers shall communicate the opinions of parents regarding their child's participation in normal childhood activities so that the parents' wishes may be appropriately considered.
(6) Neither the caregiver nor the department may be held liable for injuries to the child that occur as a result of authority granted in this section unless the action or inaction of the caregiver or the department resulting in injury constitutes willful or wanton misconduct.
(7) This section does not remove or limit any existing liability protection afforded by law.
[ 2014 c 104 s 1.]

catchline: Out-of-home care—Childhood activities—Prudent parent standard.


title: RCW 74.13.715

text:
(1) Within available funding, the department shall contract with an external organization or organizations with experience serving youth or families receiving out-of-home care services to implement and operate the family connections program, which facilitates interaction between a parent of a child found to be dependent pursuant to chapter 13.34 RCW and in out-of-home care and the individual with whom the child is placed.
(2) The external organization or organizations contracted to implement and operate the family connections program shall implement and operate the family connections program in one or more locations west of the crest of the Cascade mountains, and one or more locations east of the crest of the Cascade mountains.
(3) Families may be referred to the family connections program in any manner determined to be appropriate by the family connections program, including but not limited to a referral by:
(a) A caseworker;
(b) An attorney;
(c) A guardian ad litem as defined in RCW 13.34.030;
(d) A parent ally;
(e) An office of public defense social worker;
(f) The court; or
(g) The parent or caregiver.
(4) After receiving a referral, the family connections program shall determine whether an in-person meeting between a parent of a child found to be dependent pursuant to chapter 13.34 RCW and in out-of-home care and the individual with whom the child is placed is appropriate. If the family connections program determines that such a meeting is appropriate, the family connections program shall then determine whether:
(a) The parent of a child found to be dependent pursuant to chapter 13.34 RCW and in out-of-home care and the individual with whom the child is placed are willing to participate in an in-person meeting; and
(b) Safety concerns exist such that an in-person meeting should not occur.
(5) If the family connections program determines that an in-person meeting should occur following the analysis required by subsection (4) of this section, the family connections program shall provide a referral to the family connections program team. The family connections program team shall include a parent ally and an experienced caregiver. After receiving a referral, the family connections program team shall:
(a) Ensure that the parent ally contact the parent to prepare for an in-person meeting between the parent and caregiver;
(b) Ensure that the experienced caregiver contact the caregiver to prepare for an in-person meeting between the parent and caregiver;
(c) Convene an in-person meeting between the parent and caregiver; and
(d) Provide ongoing support to the parent and caregiver following the in-person meeting.
(6) If the family connections program determines that an in-person meeting should not occur following the analysis required under subsection (4) of this section, the family connections program team shall facilitate the exchange of information between the parent and caregiver in an appropriate manner that does not include an in-person meeting. The format of this exchange of information may include written messages, phone calls, or videoconferencing. The family connections program shall routinely reevaluate whether an in-person meeting should occur using the analysis required under subsection (4) of this section.
(7) The department shall collect data and measure outcomes for families engaging in the family connections program. By September 1, 2021, and in compliance with RCW 43.01.036, the department shall submit a report to the relevant committees of the legislature that details:
(a) Data collected for the family connections program;
(b) Outcomes for families engaging in the family connections program; and
(c) The department's plan on how to expand the family connections program statewide.
(8) The definitions in this subsection apply throughout this section:
(a) "Experienced caregiver" means:
(i) An individual who is or has received a foster family home license pursuant to chapter 74.15 RCW or an equivalent license from another state; or
(ii) An individual who cared for a child who was removed from his or her parent pursuant to chapter 13.34 RCW and who has a kin relationship to that child pursuant to RCW 74.13.600.
(b) "Parent ally" has the same meaning as provided in RCW 2.70.060.
[ 2023 c 138 s 1; 2021 c 334 s 990; 2020 c 33 s 2.]
Notes:
Effective date—2023 c 138: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2023." [ 2023 c 138 s 2.]
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Intent—2020 c 33: "(1) The legislature recognizes that the department of children, youth, and families is working to change the culture of foster care and transition to a prevention-based child welfare system. The family first prevention services act will help facilitate this transition by allowing states to use federal funds for preventative services.
(2) To successfully prevent future child abuse and neglect from occurring, and minimize the impact of removal, the department should help facilitate relationships between foster families and birth parents through creation of the family connections program to strengthen families and prevent future child trauma. The legislature intends that the family connections program will put the child first, work to reduce family trauma, and support the child by helping adults learn, share, and work on understanding how best to support the child together.
(3) All services provided by the family connections program should supplement the current responsibilities and services provided by the department of children, youth, and families to families, and the family connections program is not intended to assume any responsibilities currently held by the department of children, youth, and families." [ 2020 c 33 s 1.]

catchline: Family connections program—Report to legislature.


title: RCW 74.13.718

text:
The department shall establish a caregiver communication specialist position within the department for the purpose of improving communication between the department and caregivers. The caregiver communication specialist position established in this section is responsible for:
(1) Developing policies for sharing appropriate and timely information with caregivers of children receiving child welfare services; and
(2) Supporting coordination between existing caregiver engagement teams, constituent relations, communications specialists, and child welfare field offices.
[ 2024 c 145 s 1.]

catchline: Caregiver communication specialist.


title: RCW 74.13.720

text:
(1) The department shall develop and implement a process by which an individual who is the subject of a founded finding of negligent treatment or maltreatment or physical abuse as defined in RCW 26.44.020 or by rule or an individual whose child was found by a court to be dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030(6)(b) may request the secretary issue a certificate of parental improvement.
(2) The secretary shall respond to a request for a certificate of parental improvement and notify the requestor of the secretary's determination to issue or deny that request within sixty days of the receipt of a complete request.
(3) The secretary shall issue a certificate of parental improvement if, on a more probable than not basis, the requestor has the character, suitability, and competence to care for children and meets the other requirements of this section.
(4) The secretary may not issue a certificate of parental improvement to any individual if:
(a) Fewer than five years have passed since the requestor's last founded finding of child abuse or neglect as defined in RCW 26.44.020;
(b) Fewer than two years have passed since the secretary's denial of an individual's request for a certificate of parental improvement;
(c) The requestor has a final founded finding for sexual abuse, sexual exploitation, or physical abuse if the conduct that was the basis for the physical abuse finding involved cutting, burning, interfering with a child's breathing, shaking a child under three, or threatening a child with a deadly weapon;
(d) The requestor has any conviction or pending criminal investigation for:
(i) Any felony offense involving the physical neglect of a child under chapter 9A.42 RCW;
(ii) Any felony offense under chapter 9A.32 or 9A.36 RCW involving a physical injury or death of a child;
(iii) Any felony domestic violence offense committed against a family or household member as defined in chapter 10.99 RCW;
(iv) A felony offense against a child under chapter 9.68A RCW;
(v) Any of the following felony offenses:
(A) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(B) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(C) Manslaughter in the first or second degree;
(D) Indecent liberties;
(E) Kidnapping in the second degree;
(F) Arson in the second degree;
(G) Extortion in the first degree;
(H) Robbery in the second degree;
(I) Drive-by shooting; and
(J) Vehicular homicide; or
(vi) Any out-of-state, federal, or state conviction for a felony offense that is comparable to an offense listed in this subsection (4)(d); or
(e) The individual applying for a certificate of parental improvement has already received one certificate of parental improvement and is the alleged perpetrator in a subsequent, final founded finding of child abuse or neglect.
(5) The secretary shall consider the following when determining whether to issue a certificate of parental improvement:
(a) Documentation of any founded finding of child abuse or neglect and the underlying documentation the entity that issued the finding relied upon to make that finding;
(b) Findings from any civil adjudication proceeding as defined in RCW 43.43.830;
(c) Referral history alleging child abuse or neglect against the requestor;
(d) The length of time that has elapsed since the founded finding of child abuse or neglect;
(e) Whether a court made a finding that the requestor's child was dependent pursuant to chapter 13.34 RCW, the length of time elapsed since that dependency proceeding was dismissed, and the outcome of the dependency proceeding, including whether the child was returned to the requestor's home;
(f) Any documentation submitted by the requestor indicating whether the requestor successfully addressed the circumstances that led to the founded finding of physical abuse or negligent treatment or maltreatment including, but not limited to: A declaration by the requestor signed under penalty of perjury; recent assessments or evaluations of the requestor; and completion or progress toward completion of recommended court-ordered treatment, services, or programs;
(g) Any pending criminal or civil actions against the requestor;
(h) Background checks as authorized under RCW 10.97.050, 43.43.833, and 43.43.834, and the federal bureau of investigation;
(i) Personal and professional references submitted by the requestor from employers, professionals, and agencies familiar with the requestor who can address the requestor's current character;
(j) Any education, volunteer work, employment history, or community involvement of the requestor identified by the requestor; and
(k) Any additional information the secretary deems relevant.
(6) However, in deciding whether to grant a request for a certificate of parental improvement under subsection (5) of this section, the secretary must accept the underlying founded finding as valid and may not review the merits of that founded finding.
(7) The department shall enact rules to implement the process identified in this section.
(8) Governmental entities, and their officers, agents, employees, and volunteers are not liable in tort for any of their acts or omissions in issuing certificates of parental improvement including, but not limited to, any determination to issue the certificate, or any later act of an individual who received a certificate.
[ 2020 c 270 s 1.]
Notes:
Effective date—2020 c 270: "This act takes effect January 1, 2021." [ 2020 c 270 s 12.]

catchline: Certificates of parental improvement—Issuance—Standards—Rules—Liability.


title: RCW 74.13.730

text:
(1) A person who applies for a certificate of parental improvement pursuant to RCW 74.13.720 has the right to seek review of the secretary's denial of this certificate request as provided in this section.
(2) The written notice provided by the department denying a request for a certificate of parental improvement must be sent by mail to the requestor's last known address and include at least the following information in plain language:
(a) The reason or reasons for the secretary's denial of a certificate of parental improvement request following a founded finding of physical abuse or negligent treatment or maltreatment; and
(b) That the requestor has a right to challenge the secretary's decision not to issue a certificate of parental improvement, including a description of the process for requesting a review of the secretary's decision to deny a request for a certificate of parental improvement.
(3) Within forty-five calendar days after the department has placed a notice in the mail to the address on the request notifying the requestor that the secretary is denying the request for a certificate of parental improvement pursuant to RCW 74.13.720, the requestor may request that the secretary review this determination. The request for review must be made in writing.
(4) If a requestor does not request a review as provided in this section, the requestor may not further challenge the secretary's decision not to issue a certificate of parental improvement following a founded finding of physical abuse or negligent treatment or maltreatment.
(5) Upon receipt of a written request for review, the secretary shall review and, if appropriate, may change the decision and issue a certificate of parental improvement. The secretary may designate the appropriate staff to conduct this review. The review must be completed within thirty days after receiving the written request for review. Upon completion of this review, the department shall notify the requestor in writing of the secretary's determination.
(6) If the secretary does not alter the decision not to issue a certificate of parental improvement following a child abuse or neglect finding, the requestor may request an adjudicative hearing to contest this decision. The adjudicative proceeding is governed by the administrative procedure act, chapter 34.05 RCW, and this section. The request for an adjudicative proceeding must be filed within forty-five calendar days of the date that the department placed the agency review determination in the mail to the address on the request. If a timely request for an adjudicative proceeding is not made as provided in this section, the requestor may not further challenge the secretary's decision and has no right to review by the secretary, an adjudicative hearing, or judicial review of the determination not to issue a certificate of parental improvement.
(7) Reviews and hearings conducted under this section are confidential and are not open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services reports.
(8) The secretary shall establish procedures for reviewing requests for certificates of parental improvement and requests to alter the decision to deny a request for a certificate of parental improvement by administrative rule, including by emergency rule making if necessary. The secretary may adopt additional rules to implement this section.
[ 2020 c 270 s 2.]
Notes:
Effective date—2020 c 270: See note following RCW 74.13.720.

catchline: Certificates of parental improvement—Administrative review.


title: RCW 74.13.802

text:
(1) Within funds appropriated for this specific purpose, the department shall administer a child welfare housing assistance program, which provides housing vouchers, rental assistance, navigation, and other support services to eligible families.
(a) The department shall operate or contract for the operation of the child welfare housing assistance program under subsection (3) of this section in one or more counties west of the crest of the Cascade mountain range and one or more counties east of the crest of the Cascade mountain range.
(b) The child welfare housing assistance program is intended to reduce the need for foster care placement and to shorten the time that children remain in out-of-home care when placement is necessary.
(c) The department or entities contracted with the department under this section may continue to provide housing assistance through the child welfare housing assistance program after the department is no longer providing child welfare or child protective services to the family.
(d) The department shall adopt rules to establish formal procedures for implementation of the child welfare housing assistance program.
(2) The following families are eligible for assistance from the child welfare housing assistance program:
(a) A parent with a child who is dependent pursuant to chapter 13.34 RCW and a lack of appropriate housing is a remaining barrier to reunification; and
(b) A parent of a child who is a candidate for foster care as defined in RCW 26.44.020 and whose housing instability is a barrier to the child remaining in the home.
(3) The department shall contract with an outside entity or entities, who must have a demonstrated understanding of the importance of stable housing for children and families involved or at risk of being involved with the child welfare system, to operate the child welfare housing assistance program. If no outside entity or entities are available to operate the program or specific parts of the program, the department may operate the program or the specific parts that are not operated by an outside entity.
(4) Families may be referred to the child welfare housing assistance program by a department caseworker, an attorney, a guardian ad litem as defined in chapter 13.34 RCW, a parent ally as defined in RCW 2.70.060, an office of public defense social worker, or the court.
(5) The department shall consult with a stakeholder group that must include, but is not limited to, the following:
(a) Parent allies;
(b) Parent attorneys and social workers managed by the office of public defense parent representation program;
(c) The department of commerce;
(d) Housing experts;
(e) Community-based organizations;
(f) Advocates; and
(g) Behavioral health providers.
(6) The stakeholder group established in subsection (5) of this section shall begin meeting after July 28, 2019, and assist the department in design of the child welfare housing assistance program in areas including, but not limited to:
(a) Equitable racial, geographic, ethnic, and gender distribution of program support;
(b) Eligibility criteria;
(c) Creating a definition of homeless for purposes of eligibility for the program; and
(d) Options for program design that include outside entities operating the entire program or specific parts of the program.
(7) Beginning November 1, 2024, the department shall annually report data and outcomes for the child welfare housing assistance program to the legislature. At a minimum, when available, the report must include the following information:
(a) Distribution of the child welfare housing assistance program by race, geography, ethnicity, and gender including a discussion of whether this distribution was equitable;
(b) Any recommendations for legislative changes to the child welfare housing assistance program;
(c) The number of unhoused parents on the waiting list for vouchers supported by the child welfare housing assistance program and the average time spent on the waiting list;
(d) The percentage of funding spent on housing assistance for families to prevent out-of-home placement, support reunification, provide for program administration, or other purposes; and
(e) The percentage of funding spent on program administration, rental assistance to families, and supportive services necessary to receive federal housing voucher support.
(8) The child welfare housing assistance program established in this section is subject to the availability of funds appropriated for this purpose.
(9) Subject to the availability of amounts appropriated for this specific purpose, the department shall serve families eligible for the child welfare housing assistance program who are placed on a waiting list of any kind in an attempt to serve all families eligible for the child welfare housing assistance program and eliminate any waiting lists.
[ 2025 c 163 s 1; 2023 c 321 s 1; 2022 c 297 s 965; 2020 c 33 s 7; 2019 c 328 s 1.]
Notes:
Effective date—2023 c 321: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 30, 2023." [ 2023 c 321 s 2.]
Effective date—2022 c 297: See note following RCW 43.79.565.
Intent—2020 c 33: See note following RCW 74.13.715.

catchline: Child welfare housing assistance program.


title: RCW 74.13.805

text:
(1) The department shall collaborate with the developmental disabilities administration of the department of social and health services to determine the number of enrolled clients of the developmental disabilities administration of the department of social and health services ages 16 through 21 years old who are functionally eligible for medicaid waiver services, who are also defined as dependent children under chapter 13.34 RCW, and who may exit dependency proceedings under chapter 13.34 RCW after reaching the maximum age for dependent children.
(2) By November 15th, and in compliance with RCW 43.01.036, the department shall submit an annual report to the appropriate committees of the legislature that provides the number of children and youth identified under subsection (1) of this section and other relevant information related to best serving these youth.
[ 2021 c 56 s 2.]
Notes:
Intent—2021 c 56: "The legislature intends that this act help reduce the number of former foster youth with developmental disabilities discharged into homelessness or inappropriately placed in hospitals. The legislature further intends that the steps taken under this act maximize the use of the most cost-effective services for former foster youth with developmental disabilities." [ 2021 c 56 s 1.]

catchline: Medicaid waiver services eligibility reporting.


title: RCW 74.13.810

text:
By September 1, 2023, the department, in consultation with the department of health, shall produce and make available to department staff a child malnutrition field guide. This child malnutrition field guide must:
(1) Be concise, but provide references to additional comprehensive and trauma-informed resources for department staff to access if needed;
(2) Be easily accessible by department staff;
(3) Describe how to identify signs of child malnutrition;
(4) Include appropriate questions to ask the child and others close to the child when child malnutrition is suspected;
(5) Include the appropriate next steps department staff may take when child malnutrition is suspected; and
(6) Include any additional information the department deems relevant.
[ 2023 c 70 s 1.]

catchline: Child malnutrition field guide.


title: RCW 74.13.901

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. Nothing in chapter 521, Laws of 2009 shall be construed as creating or requiring the creation of any medical assistance program, as that term is defined in RCW 74.09.010, for state registered domestic partners that is analogous to federal medical assistance programs extended to married persons.
[ 2009 c 521 s 177.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 74.13.902

text:
Nothing contained in chapter 3, Laws of 2012 shall be construed to alter or affect existing law regarding the manner in which a religious or nonprofit organization may be licensed to and provide adoption, foster care, or other child-placing services under this chapter or chapter 74.15 or 26.33 RCW.
[ 2012 c 3 s 15 (Referendum Measure No. 74, approved November 6, 2012).]
Notes:
Notice—2012 c 3: See note following RCW 26.04.010.

catchline: Construction—Religious or nonprofit organizations.


title: RCW 74.13.903

text:
Nothing in this chapter may be construed to limit the department's authority to offer or provide prevention services or primary prevention services as defined in chapter 13.34 RCW and this chapter, respectively.
[ 2019 c 172 s 18.]

catchline: Construction—Prevention services.


title: RCW 74.13A.005

text:
It is the policy of this state to enable the secretary to charge fees for certain services to adoptive parents who are able to pay for such services.
It is, however, also the policy of this state that the secretary of the department shall be liberal in waiving, reducing, or deferring payment of any such fee to the end that adoptions shall be encouraged in cases where prospective adoptive parents lack means.
It is the policy of this state to encourage, within the limits of available funds, the adoption of certain hard to place children in order to make it possible for children living in, or likely to be placed in, foster homes or institutions to benefit from the stability and security of permanent homes in which such children can receive continuous parental care, guidance, protection, and love and to reduce the number of such children who must be placed or remain in foster homes or institutions until they become adults.
It is also the policy of this state to try, by means of the program of adoption support authorized in RCW 26.33.320 and 74.13A.005 through 74.13A.080, to reduce the total cost to the state of foster home and institutional care.
[ 2018 c 58 s 73; 1985 c 7 s 133; 1971 ex.s. c 63 s 1. Formerly RCW 74.13.100.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.

catchline: Adoption support—State policy enunciated.


title: RCW 74.13A.007

text:
The legislature finds that the current state adoption support policy to encourage, within available funds, the adoption of certain hard to place children , has expedited permanency for children who are unable to reunify with their family and has resulted in savings otherwise spent on foster care.
The legislature also finds that current economic conditions have reduced state funds available for many critical programs. The legislature further finds that adoption support expenditures continue to increase. Given these realities, the legislature finds there is a need to control adoption support costs without adversely impacting permanency for state dependent children.
The legislature acknowledges that the best way to reduce adoption support and foster care expenditures is to safely prevent children from entering the foster care system. However, the legislature also finds that the recent prospective reduction to adoption support payments set forth in chapter 50, Laws of 2011 1st sp. sess. has not, to date, adversely impacted permanency for foster children in need of adoptive homes.
Therefore, the legislature intends to continue the adoption assistance rate reduction beyond the period set forth in the operating budget, while focusing on sustainable long-term efforts to prevent children from entering the foster care system, such as pursuing a potential federal Title IV-E waiver , which if granted, would allow Washington to reinvest dollars otherwise spent on foster care in prevention programs.
The legislature also finds that many adoptive parents spend adoption support payments on additional mental health services for adoptive children that are not currently covered by existing public programs. The legislature intends to offset adoption support payment expenditures by facilitating efforts to improve the access and quality of existing mental health services for adoptive families in the long term.
[ 2012 c 147 s 1.]


title: RCW 74.13A.010

text:
When a child proposed for adoption is placed with a prospective adoptive parent the department may charge such parent a fee in payment or part payment of such adoptive parent's part of the cost of the adoption services rendered and to be rendered by the department.
In charging such fees the department shall treat a husband and wife as a single prospective adoptive parent.
Each such fee shall be fixed according to a sliding scale based on the ability to pay of the prospective adoptive parent or parents.
Such fee scale shall be annually fixed by the secretary after considering the recommendations of the committee designated by the secretary to advise him or her on child welfare and pursuant to the regulations to be issued by the secretary in accordance with the provisions of Title 34 RCW.
The secretary may waive, defer, or provide for payment in installments without interest of, any such fee whenever in his or her judgment payment or immediate payment would cause economic hardship to such adoptive parent or parents.
Nothing in this section shall require the payment of a fee to the state of Washington in a case in which an adoption results from independent placement or placement by a licensed child-placing or supervising agency.
[ 2009 c 520 s 64; 1971 ex.s. c 63 s 2. Formerly RCW 74.13.103.]

catchline: Prospective adoptive parent's fee for cost of adoption services.


title: RCW 74.13A.015

text:
All fees paid for adoption services pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 shall be credited to the general fund. Expenses incurred in connection with supporting the adoption of hard to place children shall be paid by warrants drawn against such appropriations as may be available. The secretary may for such purposes, contract with any public agency or supervising agency and/or adoptive parent and is authorized to accept funds from other sources including federal, private, and other public funding sources to carry out such purposes.
The secretary shall actively seek, where consistent with the policies and programs of the department, and shall make maximum use of, such federal funds as are or may be made available to the department for the purpose of supporting the adoption of hard to place children. The secretary may, if permitted by federal law, deposit federal funds for adoption support, aid to adoptions, or subsidized adoption in the general fund and may use such funds, subject to such limitations as may be imposed by federal or state law, to carry out the program of adoption support authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080.
[ 2009 c 520 s 65; 1985 c 7 s 134; 1979 ex.s. c 67 s 7; 1975 c 53 s 1; 1973 c 61 s 1; 1971 ex.s. c 63 s 3. Formerly RCW 74.13.106.]
Notes:
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.

catchline: Adoption services—Disposition of fees—Use—Federal funds—Gifts and grants.


title: RCW 74.13A.020

text:
(1) The secretary shall issue rules and regulations to assist in the administration of the program of adoption support authorized by RCW 26.33.320 and 74.13A.005 through 74.13A.080.
(2) Disbursements from the appropriations available from the general fund shall be made pursuant to such rules and regulations and pursuant to agreements conforming thereto to be made by the secretary with parents for the purpose of supporting the adoption of children in, or likely to be placed in, foster homes or child caring institutions who are found by the secretary to be difficult to place in adoption because of physical or other reasons; including, but not limited to, disabilities, emotional disturbance, ethnic background, language, race, color, age, or sibling grouping.
(3) Such agreements shall meet the following criteria:
(a) The child whose adoption is to be supported pursuant to such agreement shall be or have been a child hard to place in adoption.
(b) Such agreement must relate to a child who was or is residing in a foster home or child-caring institution or a child who, in the judgment of the secretary, is both eligible for, and likely to be placed in, either a foster home or a child-caring institution.
(c) Such agreement shall provide that adoption support shall not continue beyond the time that the adopted child reaches eighteen years of age, becomes emancipated, dies, or otherwise ceases to need support. If the secretary finds that continuing dependency of such child after such child reaches eighteen years of age warrants the continuation of support pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080 the secretary may do so, subject to all the provisions of RCW 26.33.320 and 74.13A.005 through 74.13A.080, including annual review of the amount of such support.
(d) Any prospective parent who is to be a party to such agreement shall be a person who has the character, judgment, sense of responsibility, and disposition which make him or her suitable as an adoptive parent of such child.
(4) At least six months before an adoption is finalized under chapter 26.33 RCW and RCW 74.13A.005 through 74.13A.080, the department must provide to the prospective adoptive parent, in writing, information describing the limits of the adoption support program including the following information:
(a) The limits on monthly cash payments to adoptive families;
(b) The limits on the availability of children's mental health services and the funds with which to pay for these services;
(c) The process for accessing mental health services for children receiving adoption support services;
(d) The limits on the one-time cash payments to adoptive families for expenses related to their adopted children; and
(e) That payment for residential or group care is not available for adopted children under the adoption support program.
[ 2020 c 274 s 63. Prior: 2009 c 520 s 66; 2009 c 491 s 9; 1990 c 285 s 7; 1985 c 7 s 135; 1982 c 118 s 4; 1979 ex.s. c 67 s 8; 1971 ex.s. c 63 s 4. Formerly RCW 74.13.109.]
Notes:
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: Adoption support program administration—Rules and regulations—Disbursements from general fund, criteria—Limits.