HB 2616 requires the Department of Social and Health Services to take into consideration a parent's intellectual or developmental disability when offering services in order to correct parental deficiencies. To do so, the legislature finds that the department must contact the Developmental Disabilities Administration to create an appropriate plan for services. The plan for services must be tailored to correct the parental deficiency taking into consideration the parent's disability.
The bill also allows a court to apply an active efforts standard to the department of social and health services at dependency review hearings involving parents with intellectual or developmental disabilities. Active efforts as applied to parents with either an intellectual or developmental disability or both is defined as a showing to the court that the department has actively worked with the parent or parents pursuant to existing court orders and the individual services plan to engage them in remedial services and rehabilitative programs to prevent the breakup of the family beyond simply providing referrals to such services.
Substitute bill: As amended, the bill limits the consultation that must occur with the DDA to individuals who are eligible for developmental disabilities with the DDA. The substitute bill also specifies that the DSHS shall tailor a plan for services to correcting a parental deficiency and determine the appropriate method for offering services based on the parent's disability for any parent meeting the definition of developmental disability whether they are eligible for services or not.
Second substitute bill: As amended, the second substitute bill does the following: (1) removes the requirement that the DSHS tailor and offer services to individuals who meet the statutory definition of developmental disability and are not also eligible for DDA services; (2) removes the requirement that courts determine, in writing, whether active efforts are necessary to assist a parent with an intellectual or developmental disability; and (3) renders the bill null and void if specific funding is not provided in the operating budget by June 30, 2014.
Final Bill: As amended by the Senate, the bill requires that the Department of Social and Health Services make reasonable efforts to consult with the Developmental Disability Administration (DDA) when creating a service plan for parents in dependency proceedings with a developmental disability who are eligible for services through the DDA.