FINAL BILL REPORT

SHB 1586

                                  C 194 L 88

BYHouse Committee on Human Services (originally sponsored by Representatives Jones, Brekke, Anderson, Crane, P. King and Rust)

Revising rules for dependency proceedings.

House Committe on Human Services

Senate Committee on Children & Family Services

SYNOPSIS AS ENACTED

BACKGROUND:

After a fact-finding hearing has been held on a dependency petition, the court determines whether the child should be removed from the home.  If the child will be removed from the home, the agency charged with the child's care must submit a plan identifying the location of placement, describing actions to be taken to reunify the family, and listing the services to be provided to the family and the child.  No specific goal is enumerated nor is a timeline specified for the service plan. All dependency cases are required to undergo a six months review to determine the need for continued court supervision.

The hearing on a dependency petition must be held within 45 days of filing.  This statutory deadline is not always met.

There is no time limit on the length of dependency.  Dependency cases that continue longer than necessary are believed to increase the risk of multiple placements, causing long-term psychological damage to the child.

The Washington State Code Review Panel recommended several changes in the dependency process to ensure that the best interests of the child are considered and that definitive permanency plans, timelines and maximum time frames are established.

SUMMARY:

Achieving permanence for the child must be a goal of the agency plans submitted when the court finds that a child should be removed from the home. Specific time limits and parental requirements must be included in the service plan submitted by the agency.  The mandatory six months review of dependency will include findings on the completion of the agency service/disposition plan and, as necessary, will revise the time limits.

The time frame for hearing a dependency petition is amended to require the hearing within 75 days of filing unless exceptional reasons for a continuance exist.  The burden of proving exceptional circumstances is on the party requesting the continuance.  Exceptional circumstances must be proved by a preponderance of the evidence.  Dependency petition hearings must be scheduled on an expedited basis.

A two year maximum time limit for dependency is established.  After two years, the court must:  approve a permanent plan of care that includes adoption, guardianship or placement in the parental home; require that a termination of parental rights petition be filed; or dismiss the dependency unless good cause exists for its continuance, which must be proven by clear, cogent and convincing evidence.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    49     0 (Senate amended)

      House 96   0 (House concurred)

EFFECTIVE:June 9, 1988