SENATE BILL REPORT

                   SB 5450

                    As of January 25, 1999

Title:  An act relating to placing children in shelter care.

Brief Description:  Revising shelter care law.

Sponsors:  Senators Swecker, Hargrove, Stevens, Zarelli, Long, Hochstatter and Costa.

Brief History:

Committee Activity:  Human Services & Corrections:  1/26/99.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Staff:  Lynn Hale (786-7430)

Background:  Concern exists that present law does not adequately protect the bond between a parent and a child.  It has been suggested that the Legislature should protect this bond by creating a duty to place children taken into protective custody with a relative whenever possible.  Presently, a child taken into protective custody is placed in either a shelter care facility or with a relative.  Current law does not require that priority placement of the child should be with a relative.

Concern exists that parents and children are often unaware of their due process rights when they disagree with the findings and decisions made by a court commissioner at a placement hearing.  Current law allows for a review by a superior court judge of a court commissioner=s order to maintain a child in shelter care.  The Legislature finds that parents should have the right to an expedited review of the commissioner=s ruling if they request a review.

Summary of Bill:  The Legislature has determined that an intervention into the life of a child is also an intervention into the life of a parent, guardian, or legal custodian.  The Legislature finds that the bond between parent and child is of paramount importance.  If a child cannot be with a parent, the child should, if possible, be placed with a relative with whom the child has a relationship.

The procedure for placing children in shelter care has been clarified.  When a child is taken into protective custody, the supervising agency must try to place the child with a relative.  The relative must be willing and available to take the child and have a relationship with the child. The child must be comfortable with the relative.

The supervising agency must document the efforts made by it to locate a relative and place the child with the relative.  If the supervising agency is unable to place the child with a relative, the agency must place the child in a shelter care facility.

For the purposes of the shelter care hearing, the parent=s guardian is given the same rights and privileges that a parent would have.

A parent, or the parent=s guardian, if the parent has been declared incompetent, may file with the superior court a request for an expedited hearing on a motion for revision of any order, judgment, findings of fact, or conclusions of law made by a commissioner at a shelter care hearing.  A relative of the child who was willing and available to care for the child and with whom the child was not placed may also file with the superior court a request for an expedited hearing on a motion for revision of any order, judgment, findings of fact, or conclusions of law made by a commissioner at a shelter care hearing.  The relative is limited to the issue of whether placement with another person presents a serious threat of substantial harm to the child.  The superior court holds the hearing on a motion for revision within three days after filing of both the motion for revision and request for an expedited hearing.  If more than one party files a motion for revision, all such motions are joined in one hearing.

If a court commissioner presides at a shelter care hearing, the child=s parent, guardian, legal custodian, and the parents guardian, if the parent has been declared incompetent, or any party in interest may file with the superior court a motion for revision of the decision and request for an expedited hearing on the motion for revision.

Appropriation:  None.

Fiscal Note:  Requested on January 25, 1999.

Effective Date:  Ninety days after adjournment of session in which bill is passed.