Official Text and Analysis.

Creates the Department of Children, Youth, and Families (DCYF) and moves responsibility for early learning from the Department of Early Learning and child welfare programs from the Department of Social and Health Services (DSHS) to the DCYF on July 1, 2018, and juvenile justice programs from the DSHS to the DCYF on July 1, 2019. Creates an Office of Innovation, Alignment, and Accountability within the Office of the Governor with the duty to develop a plan for the establishment of the DCYF. Creates an Oversight Board for Children, Youth, and Families established by the Office of the Family and Children's Ombuds for the purpose of monitoring and ensuring that the DCYF achieves its stated outcomes.

Creates the department of children, youth, and families. Creates the office of innovation, alignment, and accountability, within the office of the governor, with the primary duties and focus, until July 1, 2018, on developing and presenting a plan for the establishment of the department of children, youth, and families. Requires the office of the family and children's ombuds to establish the oversight board for children, youth, and families which will begin its work on or after July 1, 2019.

Establishes an internal review process for reviewing child care facility licensing compliance agreements developed by the Department of Children, Youth, and Families (DCYF) that do not involve violations of health and safety standards. The review process must be conducted by three DCYF employees, and three child care providers. The internal review process may overturn, change, or uphold a department licensing decision by majority vote. In the event that the individuals conducting the internal review process are equally divided, the secretary shall make the decision of the internal review process.

Requires the Office of Innovation, Alignment, and Accountability to provide a report to the governor and the appropriate committees of the legislature by November 1, 2019, that includes a description of the current review process for foster licensing decisions and recommendations for expanding or modifying the authority of the office of the family and children's ombuds established in chapter 43.06A RCW to more effectively review foster licensing decisions, or development of a separate, independent process for review of foster licensing decisions.

Establishes that an important role for the Department of Children, Youth, and Families shall be to provide preventative services to help secure and preserve families in crisis.

It is the intent of the Legislature that one of the purposes of the Department of Children, Youth, and Families (DCYF) is to safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide such care. This language is added to the duties of DCYF. Language is clarified regarding DCYF sharing data with the public, consistent with confidentiality laws and individuals' right to privacy. The Board and Director of the OIAA are working with DCYF to determine the most effective and cost-efficient ways to make such data readily available to the public.

The Office of Innovation, Alignment, and Accountability report regarding foster parent complaints is due one year earlier on November 1, 2018. This report is modified to specify that the report include: (1) A review of the current process for addressing foster parent complaints and concerns through the department and through the Family and Children's Ombuds that includes an examination of any deficiencies of the current system; and (2) recommendations for expanding, modifying, and enhancing the current system for addressing individual foster parent complaints to improve child welfare, the experience of foster parents, and the overall functioning of the child welfare system.

The Department of Children, Youth, and Families (DCYF) is created immediately, and a Secretary of the DCYF will be appointed by the Governor within thirty days and will have the responsibility to work with the Governor's Office, the Office of Financial Management, the Department of Social and Health Services, the Department of Early Learning, and other impacted agencies to plan for the implementation of the DCYF and oversee the Office of Innovation, Alignment, and Accountability (OIAA) until the early learning and child welfare functions are transferred to the DCYF on July 1, 2018, and on that date the Secretary will appoint a separate director of the OIAA.

Eliminates provisions transferring the Department of Early Learning into the Department of Children, Youth, and Families..

Allows a child care licensee to request a final review by the Oversight Board after completing an internal review process of a Department of Children, Youth, and Families licensing decision by giving notice 30 days, instead of 10 days, after receiving a written decision.

Delays moving the responsibility for early learning and child welfare programs from the Department of Early Learning and the Department of Social and Health Services (DSHS), respectively, to the new Department of Children, Youth, and Families (DCYF) by five years, from July 1, 2018, to July 1, 2023.

Adds intent language emphasizing parental rights and clarifies that the parent/child relationship is the paramount concern for the department when making decisions and determinations. Provides guidance for department employee decisions.

Adds intent language explaining importance of cohesive family dynamic to well-being of child and clarifying that the Department shall not interfere with parental rules, parameters, and restrictions related to romantic preferences or lifestyle choices and that disagreements between the child and the parents related to romantic lifestyle choices shall not be in the Department's purview. Clarifies that any information related to disagreements between the parents and the child regarding romantic preferences or lifestyle choices by the child, or rules, restrictions, or parameters set by the parent, may not be considered when determining whether negligent treatment or maltreatment has occurred.

Requires the Oversight Board for Children, Youth, and Families to review all new rules proposed by the Department before the rule becomes effective, or as soon as practicable in the case of a rule adopted as an emergency rule. In order to become effective, or to remain effective in the case of an emergency rule, the rule must be approved by a two-thirds vote of the membership of the Oversight Board.

Limits Department rule-making authority by prohibiting the Department from issuing rules related to mandatory water and environmental testing for home-based day care providers. Subjects health and safety license violations to final review process if requested by licensee; such violations were previously exempt from final review.

Requires the Oversight board to convene no less than twice per year to review rules for financial and operational impact on providers. The Department is prohibited from issuing rules that result in a net operational cost increase for child care providers. Adds language appreciating that standardized practices and expectations may not be appropriate for all providers of every size/ capacity (i.e., one size does not fit all). Requires the Department to develop internal review process for whether licensors have appropriately applied agency rules and removes exemption for health and safety standards.

The oversight board must review and analyze proposed rules for potential to cause operational cost increases for providers. If the rule will cause a cost increase, it must be approved unanimously by the board or the board must issue a corresponding rule clarifying obligation to reimburse providers for added costs. Directs the Department to analyze rules for financial and operational disparate impact on providers and provide recommendations for how best to mitigate disparate impact.