SB 5124 — Supporting guardianships and voluntary placement with nonrelative kin.

ENGROSSEDZ-0088.2 SUBSTITUTE SENATE BILL 5124 State of Washington 68th Legislature 2023 Regular Session By Senate Human Services (originally sponsored by Senators Trudeau, Randall, Dhingra, Frame, Kauffman, Kuderer, Nguyen, Wellman, and C.

by request of Department of Children, Youth, and Families)Families READPrefiled FIRST01/03/23. TIME 02/03/23.

Read first time 01/09/23.

Referred to Committee on Human Services.

1 ESSBSB 5124 (a) The child has been placed for at least six consecutive months with a guardian who has been licensed for at least six consecutive months;

(3) A child need not be eligible for federal foster care reimbursement in order to qualify for state-funded relative guardianship assistance payments.

(1) The department shall adopt rules consistent with federal regulations for the receipt and expenditure of state and federal funds and implement a subsidy program for eligible ((relatives)) guardians appointed by the court ((as a guardian)) under RCW 13.36.050 ((or as a guardian)), guardians of a minor appointed under RCW 11.130.215, or guardians of an Indian child who receive relative guardianship subsidies as provided in RCW 74.13.031.

(3) ((RelativeRelative guardianship))guardianship Guardianship subsidy agreements shall be designed to promote long-term permanency for the child, and may include provisions for periodic review of the subsidy amount and the needs of the child.

2 ESSBSB 5124 and strengthens services for the protection and care of runaway, dependent, or neglected children.

(b) providing supports to kinship caregivers including relative guardianship assistance payments;

3 ESSBSB 5124 (6) The department shall monitor placements of children in out- of-home care and in-home dependencies to assure the safety, well- being, and quality of care being provided is within the scope of the intent of the legislature as defined in RCW 74.13.010 and 74.15.010.

4 ESSBSB 5124 (9) The department shall have authority to provide temporary shelter to children who have run away from home and who are admitted to crisis residential centers.

5 ESSBSB 5124 include the department ensuring that health and mental health extended foster care providers participate in medicaid, unless the condition of the extended foster care youth requires specialty care that is not available among participating medicaid providers or there are no participating medicaid providers in the area.

(((12))) (13) The department shall have authority to provide adoption support benefitsbenefits, ((, or relative guardianship subsidies))subsidies on behalf of youth ages ((eighteeneighteen to twenty-one))twenty-one 18 to 21 years who achieved permanency through adoption ((oror a relative guardianship))guardianship at((at age ((sixteen))sixteen 16 or olderolder)) and who meet the criteria described in subsection (((11))) (12) of this section.

(((13))) (14) The department shall haverefer cases to the authoritydivision toof providechild guardianshipsupport subsidieswhenever onstate behalfor federal funds are expended for the care and maintenance of youtha ageschild, 18including toa 21child with a developmental disability who achievedis permanencyplaced throughas guardianshipa andresult whoof meetan action under chapter 13.34 RCW, unless the criteriadepartment describedfinds inthat subsectionthere (12)is good cause not to pursue collection of thischild section.support against the parent or parents of the child.

(15) The department shall refer cases to the division of child support whenever state or federal funds are expended for the care and maintenance of a child, including a child with a developmental disability who is placed as a result of an action under chapter 13.34 RCW, unless the department finds that there is good cause not to pursue collection of child support against the parent or parents of the child.

(((14))) (16)(15) The department shall have authority within funds appropriated for foster care services to purchase care for Indian children who are in the custody of a federally recognized Indian tribe or tribally licensed child-placing agency pursuant to parental consent, tribal court order, or state juvenile court order.

The purchase of such care is exempt from the requirements of chapter 74.13B RCW and may be purchased from the federally recognized Indian tribe or tribally licensed child-placing agency, and shall be subject p.to the same eligibility standards and rates of support applicable to other children for whom the department purchases care.

6Notwithstanding ESSBany 5124other toprovision theof sameRCW eligibility13.32A.170 standardsthrough and13.32A.200, rates43.185C.295, of74.13.035, supportand applicable74.13.036, toor otherof childrenthis forsection whomp. the department purchases care.

Notwithstanding6 anySB other5124 provision of RCW 13.32A.170 through 13.32A.200, 43.185C.295, 74.13.035, and 74.13.036, or of this section all services to be provided by the department under subsections (4), (7), and (((8))) (9) of this section, subject to the limitations of these subsections, may be provided by any program offering such services funded pursuant to Titles II and III of the federal juvenile justice and delinquency prevention act of 1974.

(((15))) (17)(16) The department may,may within funds appropriated for relative guardianship subsidies,subsidies to provide subsidies for eligible guardians who are appointed as guardian of an Indian child by the tribal court of a federally recognized tribe located in Washington state, as defined in RCW 13.38.040.

To be eligible, the relative guardian must either be certified by a department-licensed child-child-placing placing agency or licensed by a federally recognized tribe located in Washington state that is a Title IV-E agency, as defined in 45 C.F.R.

(18)(17) Within amounts appropriated for this specific purpose, the department shall provide preventive services to families with children that prevent or shorten the duration of an out-of-home placement.

(((16))) (19)(18) The department shall have authority to provide independent living services to youths, including individuals who have attained eighteen years of age, and have not attained twenty-three years of age, who are or have been in the department's care and custody, or who are or were nonminor dependents.

(((17))) (20)(19) The department shall consult at least quarterly with foster parents, including members of the foster parent association of Washington state, for the purpose of receiving information and comment regarding how the department is performing the duties and meeting the obligations specified in this section and RCW 74.13.250 regarding the recruitment of foster homes, reducing foster parent turnover rates, providing effective training for foster parents, and administering a coordinated and comprehensive plan that strengthens services for the protection of children.

(((18))) (20)(a) The department shall, within current funding levels, place on its public website a document listing the duties and responsibilities the department has to a child subject to a dependency petition including, but not limited to, the following:

7 ESSBSB 5124 (((18)))(i) (21)(a)Reasonable Theefforts, departmentincluding shall,the withinprovision currentof fundingservices, levels,toward placereunification onof its public website a document listing the duties and responsibilities the department has to a child subjectwith tohis aor dependencyher petitionfamily; including, but not limited to, the following:

(i) Reasonable efforts, including the provision of services, toward reunification of the child with his or her family;

(((19))) (22)(a)(21)(a) The department shall have the authority to purchase legal representation for parents or kinship caregivers, or both, of children who are at risk of being dependent, or who are dependent, to establish or modify a parenting plan under RCW 13.34.155 or chapter 26.09, 26.26A, or 26.26B RCW or secure orders establishing other relevant civil legal relationships authorized by law, when it is necessary for the child's safety, permanence, or well-being.

(b) The department is encouraged to work with the office of public defense parent representation program and the office of civil legal aid to develop a cost-effective system for providing effective p.civil legal representation for parents and kinship caregivers if it exercises its authority under this subsection.

8 ESSB 5124 civil legal representation for parents and kinship caregivers if it exercises its authority under this subsection.

98 ESSBSB 5124