HB 1221 — Standardizing homelessness definitions.

H-0611.1H-0087.1 SUBSTITUTE HOUSE BILL 1221 State of Washington 67th Legislature 2021 Regular Session By House Children, Youth & Families (originally sponsored by Representatives Rule, Bateman, Shewmake, Lekanoff, Senn, Santos, Thai, Ortiz-Self, Ormsby, Callan, Ramel, Riccelli, and Macri)Macri ANRead ACTfirst Relatingtime to01/15/21. standardizing definitions of homelessness to improve access to services;

Referred to Committee on Children, Youth & Families.

AN ACT Relating to standardizing definitions of homelessness to improve access to services;

1 SHBHB 1221 (4) "Eligible child" means a three to five-year old child who is not age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:

2 SHBHB 1221 months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon.

3 SHBHB 1221 attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial limitation to the individual.

4 SHBHB 1221 purposes of this chapter, "housing assistance" is not a remedial service or family reunification service as described in RCW 13.34.025(2).

5 SHBHB 1221 services or family reunification services as described in RCW 13.34.025(2).

6 SHBHB 1221 as defined by the law or custom of the Indian child's tribe for an Indian child as defined in RCW 13.38.040.

(28) "Experiencing homelessness" means lacking a fixed, regular, and adequate nighttime residence, including circumstances such as sharing the housing of other persons due to loss of housing, economic hardship, fleeing domestic violence, or a similar reasonreason. as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.

This interview is conducted by a competently trained, neutral p.professional utilizing techniques informed by research and best practice as part of a larger investigative process.

7p. SHB 1221 professional utilizing techniques informed by research and best practice as part of a larger investigative process.

7 HB 1221 (4) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports.

(7) "Children's advocacy center" means a child-focused facility in good standing with the state chapter for children's advocacy centers and that coordinates a multidisciplinary process for the p.

8 SHBHB 1221 (7) "Children's advocacy center" means a child-focused facility in good standing with the state chapter for children's advocacy centers and that coordinates a multidisciplinary process for the investigation, prosecution, and treatment of sexual and other types of child abuse.

(14) "Inconclusive" means the determination following an investigation by the department of social and health services, prior to October 1, 2008, that based on available information a decision p.

9 SHBHB 1221 (14) "Inconclusive" means the determination following an investigation by the department of social and health services, prior to October 1, 2008, that based on available information a decision cannot be made that more likely than not, child abuse or neglect did or did not occur.

A person who is being furnished Christian Science treatment by a duly accredited Christian Science p.practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.

10p. SHB 1221 practitioner will not be considered, for that reason alone, a neglected person for the purposes of this chapter.

10 HB 1221 (21) "Prevention and family services and programs" means specific mental health prevention and treatment services, substance abuse prevention and treatment services, and in-home parent skill-based programs that qualify for federal funding under the federal family first prevention services act, P.L.

(28) "Unfounded" means the determination following an investigation by the department that available information indicates that, more likely than not, child abuse or neglect did not occur, or p.that there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur.

11p. SHB 1221 that there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur.

11 HB 1221 (29) "Experiencing homelessness" means lacking a fixed, regular, and adequate nighttime residence, including circumstances such as sharing the housing of other persons due to loss of housing, economic hardship, fleeing domestic violence, or a similar reasonreason. as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.

p.(i) The parent, guardian, or custodian has the right to a shelter care hearing;

12 SHB 1221 (i) The parent, guardian, or custodian has the right to a shelter care hearing;

and (iii)p. If the parent, guardian, or custodian is not represented by counsel, the right to be represented.

12 HB 1221 (iii) If the parent, guardian, or custodian is not represented by counsel, the right to be represented.

p.(d) What services were provided to the family to prevent or eliminate the need for removal of the child from the child's home.

13If SHBthe 1221dependency (d)petition Whator servicesother wereinformation providedbefore to the familycourt toalleges preventthat orexperiencing eliminatehomelessness or the needlack for removal of thesuitable childhousing fromwas thea child'sp. home.

If13 theHB dependency1221 petition or other information before the court alleges that experiencing homelessness or the lack of suitable housing was a significant factor contributing to the removal of the child, the court shall inquire as to whether housing assistance was provided to the family to prevent or eliminate the need for removal of the child or children;

(i) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate p.the need for removal of the child from the child's home and to make it possible for the child to return home;

14 SHB 1221 the need for removal of the child from the child's home and to make it possible for the child to return home;

or (B)p. The release of such child would present a serious threat of substantial harm to such child, notwithstanding an order entered pursuant to RCW 26.44.063;

14 HB 1221 (B) The release of such child would present a serious threat of substantial harm to such child, notwithstanding an order entered pursuant to RCW 26.44.063;

If the court orders placement of the child with a person not related to the child and not licensed to provide p.foster care, the placement is subject to all terms and conditions of this section that apply to relative placements.

15(e) SHBAny 1221placement fosterwith care,a therelative, placementor isother subjectsuitable toperson allapproved termsby andthe conditionscourt ofpursuant to this sectionsection, thatshall applybe tocontingent relativep. placements.

(e)15 AnyHB placement1221 with a relative, or other suitable person approved by the court pursuant to this section, shall be contingent upon cooperation with the department's or agency's case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court.

(c) The court may order another conference, case staffing, or hearing as an alternative to the case conference required under RCW 13.34.067 so long as the conference, case staffing, or hearing ordered by the court meets all requirements under RCW 13.34.067, p.

16 SHBHB 1221 (c) The court may order another conference, case staffing, or hearing as an alternative to the case conference required under RCW 13.34.067 so long as the conference, case staffing, or hearing ordered by the court meets all requirements under RCW 13.34.067, including the requirement of a written agreement specifying the services to be provided to the parent.

The requirements for the initial review p.hearing, including the in-court review requirement, shall be accomplished within existing resources.