FINAL BILL REPORT

2SHB 2122

                                  C 246 L 90

BYHouse Committee on Appropriations (originally sponsored by Representative Hargrove)

Making changes regarding dependency proceedings.

House Committe on Human Services

Rereferred House Committee on Appropriations

Senate Committee on Law & Justice and Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

A child removed from his or her home based on allegations of child abuse is placed in shelter care.  A child may not remain in shelter care for more than 72 hours, unless the juvenile court enters an order for continued shelter care.  The parent or guardian must be notified of the right to request a shelter care hearing and the court shall hold a hearing if one is requested.  The court shall make reasonable efforts to notify the parent or guardian of the right to request a hearing.

All parties have the right to present evidence at the shelter care hearing.  The court must release the child to his or her parent or guardian unless the court finds that reasonable efforts have been made to keep the child in the parent's home and that release to the parent or guardian would endanger the child.

If a dependency petition has been filed with the juvenile court, the juvenile court clerk must issue a summons to the child and the child's parent or guardian.  The summons must advise the parties of the right to counsel. The summons must be personally served at least five days prior to the fact-finding hearing if the party is within the state.  If the party cannot be personally served, the summons may be served by mailing to the last known address at least 10 days prior to the date of the hearing.  If the parent or guardian is not a resident of the state, and the person's location is unknown, notice shall be given by publishing a notice of the proceeding in a legal newspaper in the county in which the proceeding is held.

A parent or guardian unable to pay for counsel has the right to have counsel appointed at all stages of a dependency proceeding.

If the court finds a child to be dependent and orders out-of-home placement, the agency responsible for the child must provide the court with a specific plan for the child's placement, the steps to be taken to return the child to his or her home, and actions to maintain the parent-child relationship.  The agency shall encourage the maximum parent-child contact possible.

The juvenile court may change, modify, or set aside an order in a dependency proceeding at any time.

A petition for the termination of the parent-child relationship must conform to the requirements of a dependency petition, including a notice of the right to counsel.

Each juvenile justice and care agency is required to maintain accurate records. Except under limited circumstances agencies are required to allow a child and his or her parent or guardian access to records concerning the child.

SUMMARY:

A shelter care hearing is required within 72 hours after a child is placed in shelter care, unless the parent or guardian waive the hearing.  A shelter care hearing may only be waived on the record after the court determines that the waiver is knowing and voluntary.

The Child Protective Services division of the Department of Social and Health Services shall make reasonable efforts to notify a parent or guardian that his or her child has been placed into shelter care, including the reasons for taking the child into custody and the person's legal rights.  The notice must be given within 24 hours after the child has been taken into custody or child protective services has been notified that the child is in shelter care.  The initial notification may be in writing or orally, but must be provided in writing.  The requirements of the notification are set forth.  If child protective services is not required to give the notice, the juvenile court shall make reasonable efforts to notify the parent of the hearing.  Reasonable efforts include an investigation to determine the location of the parent or guardian.

At the shelter care hearing, the court shall hear evidence on the notice given to and efforts to notify the parent and guardian as well as on the need of shelter care.  The court must make an express finding as to whether required notice was given.  Hearsay evidence concerning the issue of shelter care shall be supported by sworn testimony, affidavit, or declaration.

If a parent has not been given actual notice of a shelter care hearing, the court shall order the supervising agency to undertake efforts to locate and notify the parent of the date and location of subsequent hearings. A parent or guardian may request a shelter care hearing to be rescheduled.

The summons in a dependency proceeding shall inform the child's parent or guardian of the right to have appointed counsel if the parent or guardian is indigent.  The summons shall also state how the parent or guardian can obtain appointed counsel.

The summons in a dependency proceeding must be served on a party who resides in the state at least 15 days prior to the fact-finding hearing.  If the party cannot be personally served, the mailed summons shall be sent as soon as practicable, but at least 15 days prior to the hearing.  If the parent or guardian is believed to be a resident of another state or another county than the one in which the dependency hearing will be held and the parent's or guardian's location is unknown, the notice of the proceeding shall be published in a legal newspaper in the county in this state or another state where the parent or guardian is believed to reside.

The Department of Social and Health Services shall provide copies of all documents relating to a child in a dependency proceeding to the parent or guardian of the child within 20 days after the department receives a written request for the records.  The records shall be provided at no expense to the parent or guardian.

If the juvenile court, after a dependency fact-finding hearing, orders a child to be removed from the parent's or guardian's home, the court may limit or deny visitation by the parent or guardian only if the court determines that the restrictions are necessary for the child's health or welfare.

The court may modify an order in a dependency proceeding only upon a showing of a change in circumstances.

If a petition for the termination of parental rights is filed with the juvenile court, the notice to the parent must include a statement of the parent's rights, including the right to a hearing, the right to counsel, and the right to present evidence.

A juvenile justice and care agency shall correct or expunge from its records any information in records maintained by that agency that has been found by a court in a dependency proceeding to be false or inaccurate.  An agency may delete from the records it provides to a child or the child's parent or guardian the identity of any person or organization that has reported suspected child abuse or neglect.

VOTES ON FINAL PASSAGE:

      House 94   0

      Senate    49     0 (Senate amended)

      House             (House refused to concur)

Free Conference Committee

      Senate    48     1

      House 93   0

EFFECTIVE:June 7, 1990