6416-S AMH APPG H5442.1

SSB 6416  - H COMM AMD
     By Committee on General Government Appropriations

ADOPTED 03/04/2010

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   A new section is added to chapter 13.34 RCW to read as follows:
     (1) A caregiver of a dependent child may petition the juvenile court to be heard on a decision by the department or supervising agency to remove the child from the caregiver's home if:
     (a) The child has been found to be a dependent child under this chapter;
     (b) The child was placed with the caregiver by the department or supervising agency and resided in the caregiver's home for twelve or more continuous months prior to the decision to remove, or the removal of, the child;
     (c) The child is in the custody of the department or supervising agency at the time the petition to be heard is filed;
     (d) The department or supervising agency has made the decision to remove or has already removed the child from the caregiver's home; and
     (e) The child is not being returned home or moved to a permanent placement that is consistent with the child's permanency plan approved by the court.
     (2) The caregiver may file a petition under this section within not more than ten business days after the date the caregiver receives notice of the removal decision, or the child is removed from the caregiver's home, whichever is later.      
     (3) If the requirements of subsection (1) of this section are met, the court shall grant the petition to be heard on the sole issue of the placement decision and shall schedule an expedited hearing on the matter.
     (4) The caregiver has the right to be represented by counsel, at his or her own expense, at the hearing on the issue of the placement decision.
     (5) The granting of a petition to be heard under this section does not grant the caregiver party status in the underlying dependency.
     (6) The right to file a petition to be heard under this section does not grant a caregiver the right to further review of the placement decision on which the caregiver petitioned to be heard.
     (7) For the purposes of this section, "caregiver" means a licensed foster parent, another suitable person as described in RCW 13.34.130(1)(b), or a relative as defined in RCW 74.15.020(2)(a) who is not the child's parent."

     Correct the title.

EFFECT:  Strikes the underlying bill, and establishes a right for caregivers with whom a child has been placed and resided for twelve continuous months to petition the court to be heard on the issue of changing the child's placement, except when the child is being reunified with his or her parents or being moved to a permanent placement consistent with the child's permanency plan approved by the court.

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