CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5151
Chapter 304, Laws of 2021
(partial veto)
67th Legislature
2021 Regular Session
FOSTER CARE AND CHILD CARE LICENSING—VARIOUS PROVISIONS
EFFECTIVE DATE: July 25, 2021—Except for section 4, which takes
effect December 31, 2021.
Passed by the Senate April 20, 2021 CERTIFICATE
Yeas 38 Nays 11
I, Brad Hendrickson, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SUBSTITUTE SENATE
BILL 5151 as passed by the Senate
and the House of Representatives on
the dates hereon set forth.
Passed by the House April 6, 2021
Yeas 88 Nays 10
BRAD HENDRICKSON
LAURIE JINKINS Secretary
Speaker of the House of
Representatives
Approved May 13, 2021 11:51 AM with FILED
the exception of section 33, which is
vetoed. May 13, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE SENATE BILL 5151
AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senate Ways & Means (originally sponsored by Senators Wilson, C.,
Das, Kuderer, Nobles, and Saldaña; by request of Department of
Children, Youth, and Families)
READ FIRST TIME 02/18/21.
1 AN ACT Relating to foster care and child care licensing by the
2 department of children, youth, and families; amending RCW 13.34.030,
3 43.216.015, 43.216.085, 43.216.087, 43.216.089, 43.216.250,
4 43.216.255, 43.216.260, 43.216.271, 43.216.280, 43.216.305,
5 43.216.325, 43.216.340, 43.216.360, 43.216.395, 43.216.515,
6 43.216.530, 43.216.650, 43.216.660, 43.216.685, 43.216.687,
7 43.216.689, 43.216.690, 43.216.700, 43.216.300, and 74.15.125;
8 reenacting and amending RCW 43.216.010, 43.216.015, and 43.216.020;
9 adding a new section to chapter 43.216 RCW; creating a new section;
10 providing an effective date; and providing expiration dates.
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
12 Sec. 1. RCW 13.34.030 and 2020 c 312 s 114 are each amended to
13 read as follows:
14 The definitions in this section apply throughout this chapter
15 unless the context clearly requires otherwise.
16 (1) "Abandoned" means when the child's parent, guardian, or other
17 custodian has expressed, either by statement or conduct, an intent to
18 forego, for an extended period, parental rights or responsibilities
19 despite an ability to exercise such rights and responsibilities. If
20 the court finds that the petitioner has exercised due diligence in
21 attempting to locate the parent, no contact between the child and the
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 1 child's parent, guardian, or other custodian for a period of three
2 months creates a rebuttable presumption of abandonment, even if there
3 is no expressed intent to abandon.
4 (2) "Child," "juvenile," and "youth" mean:
5 (a) Any individual under the age of eighteen years; or
6 (b) Any individual age eighteen to twenty-one years who is
7 eligible to receive and who elects to receive the extended foster
8 care services authorized under RCW 74.13.031. A youth who remains
9 dependent and who receives extended foster care services under RCW
10 74.13.031 shall not be considered a "child" under any other statute
11 or for any other purpose.
12 (3) "Current placement episode" means the period of time that
13 begins with the most recent date that the child was removed from the
14 home of the parent, guardian, or legal custodian for purposes of
15 placement in out-of-home care and continues until: (a) The child
16 returns home; (b) an adoption decree, a permanent custody order, or
17 guardianship order is entered; or (c) the dependency is dismissed,
18 whichever occurs first.
19 (4) "Department" means the department of children, youth, and
20 families.
21 (5) "Dependency guardian" means the person, nonprofit
22 corporation, or Indian tribe appointed by the court pursuant to this
23 chapter for the limited purpose of assisting the court in the
24 supervision of the dependency.
25 (6) "Dependent child" means any child who:
26 (a) Has been abandoned;
27 (b) Is abused or neglected as defined in chapter 26.44 RCW by a
28 person legally responsible for the care of the child;
29 (c) Has no parent, guardian, or custodian capable of adequately
30 caring for the child, such that the child is in circumstances which
31 constitute a danger of substantial damage to the child's
32 psychological or physical development; or
33 (d) Is receiving extended foster care services, as authorized by
34 RCW 74.13.031.
35 (7) "Developmental disability" means a disability attributable to
36 intellectual disability, cerebral palsy, epilepsy, autism, or another
37 neurological or other condition of an individual found by the
38 secretary of the department of social and health services to be
39 closely related to an intellectual disability or to require treatment
40 similar to that required for individuals with intellectual
p. 2 SSB 5151.SL
 1 disabilities, which disability originates before the individual
2 attains age eighteen, which has continued or can be expected to
3 continue indefinitely, and which constitutes a substantial limitation
4 to the individual.
5 (8) "Educational liaison" means a person who has been appointed
6 by the court to fulfill responsibilities outlined in RCW 13.34.046.
7 (9) "Extended foster care services" means residential and other
8 support services the department is authorized to provide under RCW
9 74.13.031. These services may include placement in licensed,
10 relative, or otherwise approved care, or supervised independent
11 living settings; assistance in meeting basic needs; independent
12 living services; medical assistance; and counseling or treatment.
13 (10) "Guardian" means the person or agency that: (a) Has been
14 appointed as the guardian of a child in a legal proceeding, including
15 a guardian appointed pursuant to chapter 13.36 RCW; and (b) has the
16 legal right to custody of the child pursuant to such appointment. The
17 term "guardian" does not include a "dependency guardian" appointed
18 pursuant to a proceeding under this chapter.
19 (11) "Guardian ad litem" means a person, appointed by the court
20 to represent the best interests of a child in a proceeding under this
21 chapter, or in any matter which may be consolidated with a proceeding
22 under this chapter. A "court-appointed special advocate" appointed by
23 the court to be the guardian ad litem for the child, or to perform
24 substantially the same duties and functions as a guardian ad litem,
25 shall be deemed to be guardian ad litem for all purposes and uses of
26 this chapter.
27 (12) "Guardian ad litem program" means a court-authorized
28 volunteer program, which is or may be established by the superior
29 court of the county in which such proceeding is filed, to manage all
30 aspects of volunteer guardian ad litem representation for children
31 alleged or found to be dependent. Such management shall include but
32 is not limited to: Recruitment, screening, training, supervision,
33 assignment, and discharge of volunteers.
34 (13) "Guardianship" means a guardianship pursuant to chapter
35 13.36 RCW or a limited guardianship of a minor pursuant to RCW
36 11.130.215 or equivalent laws of another state or a federally
37 recognized Indian tribe.
38 (14) "Housing assistance" means appropriate referrals by the
39 department or other agencies to federal, state, local, or private
40 agencies or organizations, assistance with forms, applications, or
p. 3 SSB 5151.SL
 1 financial subsidies or other monetary assistance for housing. For
2 purposes of this chapter, "housing assistance" is not a remedial
3 service or family reunification service as described in RCW
4 13.34.025(2).
5 (15) "Indigent" means a person who, at any stage of a court
6 proceeding, is:
7 (a) Receiving one of the following types of public assistance:
8 Temporary assistance for needy families, aged, blind, or disabled
9 assistance benefits, medical care services under RCW 74.09.035,
10 pregnant women assistance benefits, poverty-related veterans'
11 benefits, food stamps or food stamp benefits transferred
12 electronically, refugee resettlement benefits, medicaid, or
13 supplemental security income; or
14 (b) Involuntarily committed to a public mental health facility;
15 or
16 (c) Receiving an annual income, after taxes, of one hundred
17 twenty-five percent or less of the federally established poverty
18 level; or
19 (d) Unable to pay the anticipated cost of counsel for the matter
20 before the court because his or her available funds are insufficient
21 to pay any amount for the retention of counsel.
22 (16) "Nonminor dependent" means any individual age eighteen to
23 twenty-one years who is participating in extended foster care
24 services authorized under RCW 74.13.031.
25 (17) "Out-of-home care" means placement in a foster family home
26 or group care facility licensed pursuant to chapter 74.15 RCW or
27 placement in a home, other than that of the child's parent, guardian,
28 or legal custodian, not required to be licensed pursuant to chapter
29 74.15 RCW.
30 (18) "Parent" means the biological or adoptive parents of a
31 child, or an individual who has established a parent-child
32 relationship under RCW 26.26A.100, unless the legal rights of that
33 person have been terminated by a judicial proceeding pursuant to this
34 chapter, chapter 26.33 RCW, or the equivalent laws of another state
35 or a federally recognized Indian tribe.
36 (19) "Prevention and family services and programs" means specific
37 mental health prevention and treatment services, substance abuse
38 prevention and treatment services, and in-home parent skill-based
39 programs that qualify for federal funding under the federal family
40 first prevention services act, P.L. 115-123. For purposes of this
p. 4 SSB 5151.SL
 1 chapter, prevention and family services and programs are not remedial
2 services or family reunification services as described in RCW
3 13.34.025(2).
4 (20) "Prevention services" means preservation services, as
5 defined in chapter 74.14C RCW, and other reasonably available
6 services, including housing assistance, capable of preventing the
7 need for out-of-home placement while protecting the child. Prevention
8 services include, but are not limited to, prevention and family
9 services and programs as defined in this section.
10 (21) "Qualified residential treatment program" means a program
11 that meets the requirements provided in RCW 13.34.420, qualifies for
12 funding under the family first prevention services act under 42
13 U.S.C. Sec. 672(k), and, if located within Washington state, is
14 licensed as a group care facility under chapter 74.15 RCW ((that also
15 qualifies for funding under the federal family first prevention
16 services act under 42 U.S.C. Sec. 672(k) and meets the requirements
17 provided in RCW 13.34.420)).
18 (22) "Relative" includes persons related to a child in the
19 following ways:
20 (a) Any blood relative, including those of half-blood, and
21 including first cousins, second cousins, nephews or nieces, and
22 persons of preceding generations as denoted by prefixes of grand,
23 great, or great-great;
24 (b) Stepfather, stepmother, stepbrother, and stepsister;
25 (c) A person who legally adopts a child or the child's parent as
26 well as the natural and other legally adopted children of such
27 persons, and other relatives of the adoptive parents in accordance
28 with state law;
29 (d) Spouses of any persons named in (a), (b), or (c) of this
30 subsection, even after the marriage is terminated;
31 (e) Relatives, as named in (a), (b), (c), or (d) of this
32 subsection, of any half sibling of the child; or
33 (f) Extended family members, as defined by the law or custom of
34 the Indian child's tribe or, in the absence of such law or custom, a
35 person who has reached the age of eighteen and who is the Indian
36 child's grandparent, aunt or uncle, brother or sister, brother-in-law
37 or sister-in-law, niece or nephew, first or second cousin, or
38 stepparent who provides care in the family abode on a twenty-four
39 hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4).
p. 5 SSB 5151.SL
 1 (23) "Shelter care" means temporary physical care in a facility
2 licensed pursuant to RCW 74.15.030 or in a home not required to be
3 licensed pursuant to RCW 74.15.030.
4 (24) "Sibling" means a child's birth brother, birth sister,
5 adoptive brother, adoptive sister, half-brother, or half-sister, or
6 as defined by the law or custom of the Indian child's tribe for an
7 Indian child as defined in RCW 13.38.040.
8 (25) "Social study" means a written evaluation of matters
9 relevant to the disposition of the case that contains the information
10 required by RCW 13.34.430.
11 (26) "Supervised independent living" includes, but is not limited
12 to, apartment living, room and board arrangements, college or
13 university dormitories, and shared roommate settings. Supervised
14 independent living settings must be approved by the department or the
15 court.
16 (27) "Voluntary placement agreement" means, for the purposes of
17 extended foster care services, a written voluntary agreement between
18 a nonminor dependent who agrees to submit to the care and authority
19 of the department for the purposes of participating in the extended
20 foster care program.
21 Sec. 2. RCW 43.216.010 and 2020 c 270 s 11 are each reenacted
22 and amended to read as follows:
23 The definitions in this section apply throughout this chapter
24 unless the context clearly requires otherwise.
25 (1) "Agency" means any person, firm, partnership, association,
26 corporation, or facility that provides child care and early learning
27 services outside a child's own home and includes the following
28 irrespective of whether there is compensation to the agency:
29 (a) "Child day care center" means an agency that regularly
30 provides early childhood education and early learning services for a
31 group of children for periods of less than twenty-four hours;
32 (b) "Early learning" includes but is not limited to programs and
33 services for child care; state, federal, private, and nonprofit
34 preschool; child care subsidies; child care resource and referral;
35 parental education and support; and training and professional
36 development for early learning professionals;
37 (c) "Family day care provider" means a child care provider who
38 regularly provides early childhood education and early learning
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 1 services for not more than twelve children in the provider's home in
2 the family living quarters;
3 (d) "Nongovernmental private-public partnership" means an entity
4 registered as a nonprofit corporation in Washington state with a
5 primary focus on early learning, school readiness, and parental
6 support, and an ability to raise a minimum of five million dollars in
7 contributions;
8 (e) "Outdoor nature-based child care" means an agency or an
9 agency-offered program that:
10 (i) Enrolls preschool or school-age children;
11 (ii) Provides early learning services to the enrolled children in
12 an outdoor natural space approved by the department for not less than
13 four hours per day or fifty percent of the daily program hours,
14 whichever is less; and
15 (iii) Teaches a nature-based curriculum to enrolled children;
16 (f) "Service provider" means the entity that operates a community
17 facility.
18 (2) "Agency" does not include the following:
19 (a) Persons related to the child in the following ways:
20 (i) Any blood relative, including those of half-blood, and
21 including first cousins, nephews or nieces, and persons of preceding
22 generations as denoted by prefixes of grand, great, or great-great;
23 (ii) Stepfather, stepmother, stepbrother, and stepsister;
24 (iii) A person who legally adopts a child or the child's parent
25 as well as the natural and other legally adopted children of such
26 persons, and other relatives of the adoptive parents in accordance
27 with state law; or
28 (iv) Spouses of any persons nam