S-0530

AN ACT Relating to placement of dependent children; amending RCW 13.34.180 and 13.34.190; reenacting and amending RCW 13.34.130; adding new sections to chapter 13.34 RCW; creating a new section; and repealing RCW 13.34.145 and 13.34.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 13.34.130 and 1990 c 284 s 32 and 1990 c 246 s 5 are each reenacted and amended to read as follows:

If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.

(1) The court shall order one of the following dispositions of the case:

(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.

(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that:

(i) There is no parent or guardian available to care for such child;

(ii) The parent, guardian, or legal custodian is not willing to take custody of the child;

(iii) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or

(iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.

(2) If the court has ordered a child removed from his or her home pursuant to ((~~RCW 13.34.130(1)(b)~~)) subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds it is recommended by the supervising agency, that it is in the best interests of the child and that it is not reasonable to provide further services to reunify the family because the existence of aggravated circumstances make it unlikely that services will effectuate the return of the child to the child's parents in the near future. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;

(c) Conviction of the parent of assault of the child in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021;

(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

(e) A finding by a court that a parent is a sexually violent predator as defined in RCW ((~~9A.88.010~~)) 71.09.020;

(f) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim.

(3) ((~~Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:~~

(a) A permanent plan of care that may include one of the following: Return of the child to the home of the child's parent, adoption, guardianship, or long-term placement with a relative or in foster care with a written agreement.

(b) Unless the court has ordered, pursuant to RCW 13.34.130(2), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.

(i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.

(ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.

(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.

(iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.

(c) If the court has ordered, pursuant to RCW 13.34.130(2), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.

~~(4)~~)) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the ((~~agency case~~)) performance agreement or permanent placement plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.

(((5) The status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.

(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

~~(b) If the child is not returned home, the court shall establish in writing:~~

~~(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;~~

~~(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;~~

~~(iii) Whether there is a continuing need for placement and whether the placement is appropriate;~~

~~(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;~~

~~(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;~~

~~(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;~~

(vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

~~(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.~~

~~(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.~~))

Sec. 2. RCW 13.34.180 and 1990 c 246 s 7 are each amended to read as follows:

A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(7), and shall allege:

(1) That the child has been found to be a dependent child under RCW 13.34.030(2); and

(2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and

(3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(2); and

(4) That the services ((~~ordered under RCW 13.34.130~~)) specified in the performance agreement or permanent placement plan have been offered or provided ((~~and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided~~)); and

(5) That the abuse or neglect is evidenced by the parent's or parents' failure to comply substantially with the performance agreement or permanent placement plan; and

(6) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and

((~~(6)~~)) (7) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home;

((~~(7)~~)) (8) In lieu of the allegations in subsections (1) through ((~~(6)~~)) (7) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.

Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:

"NOTICE

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

1. You have the right to a fact‑finding hearing before a judge.

2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court‑appointed lawyer you must contact: (explain local procedure)

3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

You should be present at this hearing.

You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number)".

Sec. 3. RCW 13.34.190 and 1990 c 284 s 33 are each amended to read as follows:

After hearings pursuant to RCW 13.34.110, the court may enter an order terminating all parental rights to a child if the court finds that:

(1) The allegations contained in the petition as provided in RCW 13.34.180 (1) through (6) are established by clear, cogent, and convincing evidence; or

(2) RCW 13.34.180 (3) ((~~and (4)~~)) through (5) may be waived because the allegations under RCW 13.34.180 (1), (2), ((~~(5), and~~)) (6), and (7) are established beyond a reasonable doubt; or

((~~(c) [(3)]~~)) (3) The allegation under RCW 13.34.180((~~(7)~~))(8) is established beyond a reasonable doubt. In determining whether RCW 13.34.180 ((~~(5)~~)) (6) and ((~~(6)~~)) (7) are established beyond a reasonable doubt, the court shall consider one or more of the following:

(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;

(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 or 9A.42.030;

(c) Conviction of the parent of assault of the child in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021;

(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

(e) A finding by a court that a parent is a sexually violent predator as defined in RCW ((~~9A.88.010~~)) 71.09.020;

((~~(3) [(4)]~~)) (4) Such an order is in the best interests of the child.

NEW SECTION. Sec. 4. It is the intent of the legislature that each child be assured the care, guidance, and control in a permanent home that will serve the best interests of the child's moral, emotional, mental, and physical welfare and that such home preferably be the child's own home or, if that is not possible, an adoptive home. It is the further intent of the legislature that, if neither of those options is achievable, other options for the child as set out in this section be pursued. It is the intent of the legislature that permanent placement with the biological or adoptive family be achieved as soon as possible for every child in foster care and that no child remain in foster care longer than one year. It is the further intent of the legislature that a child be reunited with the child's natural family whenever possible and, when not possible, that the child be permanently placed for adoption or, when neither option is achievable, that the child be prepared for alternative permanency goals or placements to include, but not be limited to, long-term foster care, independent living, custody to a relative on a permanent basis with or without legal guardianship, or custody to a foster parent on a permanent basis with or without legal guardianship. It is the intent of the legislature, therefore, to help ensure a permanent home for a child in foster care by requiring a performance agreement or, if the child's natural parents will not or cannot participate in a performance agreement, a permanent placement plan and a periodic review and report to the court on the child's status. When two or more children in foster care are siblings, every reasonable attempt shall be made to place them in the same foster home; in the event of permanent commitment of the siblings, to place them in the same adoptive home; and, if the siblings are separated, to keep them in contact with each other.

NEW SECTION. Sec. 5. (1) The purpose of a performance agreement is to ensure permanency for children through recording the actions to be taken by the parties involved in order assure the quick and safe return of the child to the child's parents or, if this is not possible, the permanent commitment of the child to the department or licensed child-placing agency for the purpose of finding a permanent adoptive home. Permanent adoptive placement is the primary permanency goal when a child is permanently committed to the department or a licensed child-placing agency. If it is not possible to find a permanent adoptive home, the performance agreement shall record the actions taken for preparing the child for alternative permanency goals or placements such as long-term foster care or independent living.

(2) The agreement shall be limited to as short a period as possible for the accomplishment of its provisions. Unless extended pursuant to section 10 of this act, the agreement shall expire no later than eighteen months from the date the child was initially ordered into foster care, if involuntarily placed, or from the date the child was voluntarily placed in foster care.

(3) The performance agreement shall include, but need not be limited to:

(a) The specific reasons for the placement of the child in foster care, including a description of the problems or conditions in the home of the parent or parents that necessitated removal of the child from the child's home, the remediation of which determines the return of the child to the parent or parents;

(b) A description of the type of out-of-home placement in which the child is to be placed, including a discussion of the appropriateness of the placement. A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being;

(c) A plan for addressing the needs of the child while in foster care, including a discussion of the services already provided;

(d) The specific actions to be taken by the parent or parents of the child to eliminate or correct the identified problems or conditions which were the basis for the adjudication of dependency in involuntary placements or which were the basis for voluntary placements and the period during which the actions are to be taken. The parties to the agreement may also include, but need not be limited to, other persons or agencies who shall agree and be responsible for the provision of social services and reunification services to the child or the parent, parents, or other custodian of the child;

(e) The financial responsibilities and obligations, if any, of the parent or parents for the support of the child during the period the child is in foster care, pursuant to state law;

(f) The visitation rights and obligations of the parent or parents and the social service agency during the period the child is in foster care;

(g) The social services and reunification services to be provided to the parent or parents of the child, the child, and the foster parents during the period the child is in foster care. The purpose of such social and other supportive services shall be to promote the child's need for a safe, continuous, stable, living environment, and such services should promote family autonomy and strengthen family life whenever possible;

(h) The date on which the child is expected to be returned to the home of the parent or parents;

(i) The specific description and the nature of the effort to be made by the social service agency responsible for the placement to reunite the family; and

(j) Notice to the parent or parents that placement of the child in foster care may result in termination of parental rights, but only after notice and a hearing as provided in RCW 13.34.180, that, pursuant to law, the court shall return the child to the custody of the natural parents upon expiration of the agreement if the parents have substantially complied with the agreement; and that the court cannot terminate its jurisdiction over the child until six months after return of the child to the child's parents, but at that time, based on a report of the social service agency and any other relevant factors, the court shall make a determination on whether its jurisdiction should be continued or terminated.

NEW SECTION. Sec. 6. (1) In each case in which the custody of a child has been vested, either voluntarily or involuntarily, in the social service agency and the child has been placed in foster care, a performance agreement shall be prepared within thirty days after the placement and shall be submitted to the court. If the preparation of a performance agreement, in conference with the natural parents and other pertinent parties, cannot be accomplished within thirty days, for good cause shown, the court may grant an extension not to exceed thirty days.

(2) The parent or parents may receive assistance from any person or social service agency in the preparation of the performance agreement. The social service agency and the court, when applicable, shall inform the parent or parents of the right to receive such assistance.

(3) Before the signing of the agreement, the person who prepared the agreement shall explain it to all persons involved in its implementation, including a child who will sign it.

(4) After the performance agreement has been agreed upon and signed by the parties involved, a copy of the agreement shall be given immediately to the natural parents, the department or agency, the foster parents, and any other parties identified by the court, including the child, if appropriate.

(5) The performance agreement may be amended at any time if all parties are in agreement regarding the revisions to the performance agreement. A new agreement shall be prepared and submitted to the court with a memorandum of explanation. The court, if it deems necessary, may hold a hearing regarding the changes to the performance agreement. The performance agreement may also be amended by the court or upon motion of any party at a hearing, based on competent evidence demonstrating the need for the amendment. A copy of the amended agreement shall be immediately given to the parties specified in subsection (4) of this section.

NEW SECTION. Sec. 7. (1) A performance agreement shall be prepared, but need not be submitted to the court, for a child who will be in care no longer than thirty days unless that child is placed in foster care a second time within a twelve-month period.

(2)(a) The court shall set a hearing with notice to all parties on the performance agreement or any provisions of the agreement within forty-five days of the receipt of the agreement by the court.

(b) At the hearing on the agreement, the court shall determine if:

(i) The agreement is consistent with previous orders of the court placing the child in care;

(ii) The agreement is consistent with the requirements for the content of a performance agreement as provided in section 5(3) of this act;

(iii) In involuntary placements, the parents were notified of their right to counsel at each stage of the dependency proceeding pursuant to Washington juvenile court rules;

(iv) The parents were notified of their right to receive assistance from any other person in the preparation of the performance agreement; and

(v) The agreement is meaningful and designed to address facts and circumstances upon which the court based the finding of dependency in involuntary placements or the agreement is meaningful and designed to address facts and circumstances upon which a child was placed in foster care voluntarily.

(c) When the court determines that any of the elements considered at the hearing relating to the performance agreement have not been met, the court shall require the parties to make necessary amendments to the agreement. An amended plan shall be submitted to the court for review and approval within a time certain specified by the court.

NEW SECTION. Sec. 8. (1)(a) In the event the natural parents will not or cannot participate in preparation of a performance agreement, the social service agency shall submit a full explanation of the circumstances and a plan for the permanent placement of the child to the court within thirty days after the placement of the child in foster care or, if preparation cannot be accomplished within thirty days, for good cause shown, the court may grant an extension not to exceed thirty days for the filing, the granting of which shall be for similar reason to that contained in section 6(1) of this act.

(b) In the full explanation of the circumstances submitted to the court, the social service agency shall state the nature of its efforts to secure parental participation in the preparation of a performance agreement.

(2) In a case in which the physical, emotional, or mental condition or physical location of the parent is the basis for the development of a permanent placement plan, it is the burden of the social service agency to provide substantial evidence to the court that such condition or location has rendered the parent unable or unwilling to participate in the preparation of a performance agreement, either pro se or through counsel. The supporting documentation shall be submitted to the court at the time the permanent placement plan is filed.

(3) The permanent placement plan shall include, but need not be limited to, the specific services to be provided by the social service agency, the goals and plans for the child, and the time for accomplishing the provisions of the plan and for accomplishing permanence for the child. A permanent placement plan takes the place of a performance agreement and shall meet all requirements provided for a performance agreement.

(4)(a) Before filing a permanent placement plan, each parent shall be served with a copy of the permanent placement plan developed by the social service agency. If the location of one or both parents is unknown, then this fact shall be documented in writing and included in the permanent placement plan submitted to the court. After the filing of the permanent placement plan, if the location of an absent parent becomes known, that parent shall then be served with a copy of the permanent placement plan.

(b) Before filing the permanent placement plan, the social service agency shall advise each parent, both orally and in writing, that the placement of the child in foster care may result in the termination of parental rights, but only after notice and hearing provided in section 9 of this act. If, after the plan has been submitted to the court, an absent parent is located, the social service agency shall advise the parent, both orally and in writing, that the placement of the child in foster care may result in termination of parental rights, but only after notice and hearing as provided in section 9 of this act. Proof of written notification shall be filed with the court.

NEW SECTION. Sec. 9. (1) The court shall set a hearing, with notice to all parties, on the permanent placement plan or any provisions of the plan, within forty-five days after the plan has been received by the court. If the location of a parent is unknown, then the notice shall be directed to the last permanent address of record.

(2) At the hearing on the plan, the court shall determine:

(a) All parties who were notified and are in attendance at the hearing, either in person or through a legal representative. The court shall appoint a guardian ad litem pursuant to RCW 11.88.090 to represent the interests of any parent, if the location of the parent is known, but the parent is not present at the hearing. The development of the permanent placement plan shall be based upon the physical, emotional, or mental condition or physical location of the parent;

(b) If the plan is consistent with previous orders of the court placing the child in care;

(c) If the plan is consistent with the requirements for the content of a permanent placement plan as specified in section 8(3) of this act;

(d) In involuntary placements, whether each parent was notified of the right to counsel at each stage of the dependency proceedings;

(e) Whether each parent whose location was known was notified of the right to enter into a performance agreement in lieu of the social service agency preparing a permanent placement plan and of the right to receive assistance from any other person in the preparation of the performance agreement; and

(f) Whether the plan is meaningful and designed to address facts and circumstances upon which the court based the finding of dependency in involuntary placements or the plan is meaningful and designed to address facts and circumstances upon which the child was placed in foster care voluntarily.

(3) If the court determines that any of the elements considered at the hearing related to the plan have not been met, the court shall require the social service agency to make necessary amendments to the plan. The amended plan shall be submitted to the court for review and approval within a time certain specified by the court. A copy of the amended plan shall also be provided to each parent, if the location of the parent is known.

(4) A parent who has not participated in the development of a performance agreement shall be served with a copy of the plan developed by the social service agency if the parent can be located. Any parent is entitled to, and may seek, a court review of the plan before the initial six-month review and shall be informed of this right by the agency at the time the agency serves the parent with a copy of the plan. If the location of an absent parent becomes known to the agency, the agency shall inform the parent of the right to a court review at the time the agency serves the parent with a copy of the permanent placement plan.

NEW SECTION. Sec. 10. (1) The court shall have continuing jurisdiction in proceedings under this section and sections 11 through 14 of this act and shall review the status of the child pursuant to this subsection or more frequently if the court deems it necessary or desirable.

(2) The court shall retain jurisdiction over a child returned to the child's parents or legal guardians for a period of six months, but, at that time, based on a report of the social service agency and any other relevant factors, the court shall make a determination as to whether its jurisdiction shall continue or be terminated.

(3) After termination of parental rights, the court shall retain jurisdiction over any child for whom custody is given to a social service agency until an adoption petition for the child is filed. The jurisdiction of the court after termination of parental rights and custody is given to the agency is for the purpose of reviewing the status of the child and the progress being made toward permanent adoptive placement. This jurisdiction does not include the exercise of any power or influence by the court over the selection of an adoptive parent.

(4) The court shall review the status of the child and shall hold a hearing as provided for in section 9 of this act. The court may dispense with the attendance of the child at the hearing, but shall not dispense with the hearing or the presence of other parties to the review.

NEW SECTION. Sec. 11. (1) The initial judicial review shall be held no later than six months after the date the child was ordered into foster care, if involuntarily placed, or no later than six months after the child was voluntarily placed. If the child remains in foster care, the second judicial review shall be held no later than twelve months, and the third judicial review shall be held no later than eighteen months, from the date the child was initially ordered into foster care, if involuntarily placed, or from the date the child was voluntarily placed. If the court extends the performance agreement or permanent placement plan after the eighteen-month review, a judicial review shall be held every six months for a child under the age of thirteen, and every twelve months for a child thirteen years of age or older, to reassess the child's status. If the child is placed in the custody of a social service agency for purposes of adoptive placement, the court shall judicially review the status of the child every six months to determine the progress being made toward adoptive placement.

(2) The clerk of the superior court shall schedule judicial review hearings in order to comply with the mandated times in subsection (1) of this section.

(3) In each case in which a child has been voluntarily placed with the social service agency, the social service agency shall notify the clerk of the court in the district where the child resides of such placement within five working days. Notification of the court is not required for any child who will be in foster care no longer than thirty days unless that child is placed in foster care a second time within a twelve-month period. If the child is returned to the custody of his or her parents or guardian before the scheduled review hearing or if the child is placed for adoption, the social service agency shall notify the court of the return or placement within five working days, and the clerk of the court shall cancel the review hearing.

NEW SECTION. Sec. 12. (1) The social service agency shall file a petition for review with the court within ten calendar days of the judicial review hearing. The petition shall include a statement of the dispositional alternatives available to the court. The petition shall accompany the notice of the hearing served upon persons specified in subsection 2 of this section.

(2) Notice of the hearing and a copy of the petition, including a statement of the dispositional alternatives available to the court, shall be served by the court upon:

(a) The social service agency charged with the supervision of care, custody, or guardianship of the child, if such authorized agency is not the petitioner;

(b) The foster parent or parents in whose home the child resides;

(d) The guardian ad litem for the child, if one has been appointed; and

(e) Such other persons as the court may in its discretion direct.

NEW SECTION. Sec. 13. (1) The social service agency shall make an investigation and social study concerning all pertinent details relating to the child and shall furnish to the court a written report that includes, but is not limited to:

(a) A description of the type of placement the child is in at the time of the hearing;

(b) Documentation of the diligent efforts made by all parties to the performance agreement or permanent placement plan to comply with each provision of the agreement or plan;

(d) The services provided to the foster family in an effort to address the needs of the child as indicated in the performance agreement or permanent placement plan;

(e) A statement concerning whether the parent or guardian, though able to do so, did not comply substantially with the provisions of the performance agreement or plan and the agency recommendations or a statement that the parent or guardian did substantially comply with such provisions.

(2) A copy of the written report shall be provided to the attorney of record of the parent, parents, or guardian; to the parent, parents, or guardian; and to the foster parents and the guardian ad litem for the child, if one has been appointed by the court, at least forty-eight hours before the judicial review hearing. The requirement for providing parents or guardians with a copy of the written report does not apply to those parents or guardians who have voluntarily surrendered their child for adoption.

(3) In a case in which the child has been permanently committed to the social service agency, the agency shall furnish to the court a written report concerning the progress being made to place the child for adoption. If, as stated in section 5(1) of this act, the child cannot be placed for adoption, then a report on the progress made by the child in alternative permanency goals or placements including, but not limited to, long-term foster care, independent living, custody to a relative on a permanent basis with or without legal guardianship, or custody to a foster parent on a permanent basis with or without legal guardianship, shall be submitted to the court. The report shall be submitted to the court at least forty-eight hours before each scheduled judicial review.

NEW SECTION. Sec. 14. (1) The court shall take into consideration the information contained in the social services study and investigation; testimony by the social services agency, the parent or guardian, the foster parent, the guardian ad litem, if one has been appointed for the child, and any other person deemed appropriate; and any relevant and material evidence submitted to the court, including written and oral reports to the extent of their probative value. In its deliberations, the court shall seek to determine:

(a) If the parent or guardian was advised of his or her right to receive assistance from any person or social service agency in the preparation of the performance agreement;

(b) If the parent or guardian has been advised of his or her right to have counsel present at the judicial review hearings. If not so advised, the court shall advise the parent or guardian of such right;

(c) If a guardian ad litem needs to be appointed for the child in a case in which a guardian ad litem has not previously been appointed or if there is a need to continue a guardian ad litem in a case in which a guardian ad litem has been appointed;

(d) The compliance or lack of compliance of all parties with each item of the performance agreement or permanent placement plan, including a determination of ability to comply in areas of noncompliance, a determination of diligent efforts by all parties, and a determination of whether or not there has been substantial compliance;

(e) The compliance or lack of compliance with a visitation contract between the parent or guardian and the social service agency for contact with the child, including the reason for any noncompliance;

(f) The compliance or lack of compliance of the parent or guardian in meeting specified financial obligations pertaining to the care of the child, including the reason for failure to comply if such is the case;

(g) The appropriateness of the child's current placement, including whether the child is in a setting that is as family-like and as close to the parent's home as possible, consistent with the child's best interests and special needs;

(h) A projected date likely for the child's return home or other permanent placement; and

(i) If a permanent placement plan has been prepared in lieu of a performance agreement, the basis for the unwillingness or inability of the parent or guardian to become a party to a performance agreement. If the reason for the submission of the plan in lieu of a performance agreement was the physical location or the emotional, mental, or physical condition of the parent, the court shall determine if the nature of the location or the condition of the parent and the efforts of the social service agency to secure parental participation in a performance agreement were sufficient to demonstrate the necessity for the use of a permanent placement plan in lieu of a performance agreement. If the court finds that the use of a permanent placement plan, based upon the criteria of unwillingness or inability of the parent or guardian, was not justified, the court shall order the social service agency to submit a performance agreement to the court within thirty days.

(2)(a) Based upon the criteria set forth in subsection (1) of this section, the court shall determine whether the social service agency shall initiate proceedings to have a child declared a dependent child, return the child to the parent, continue the child in foster care for a specified period of time, or initiate termination of parental rights proceedings for subsequent placement in an adoptive home. Modifications to the agreement or plan shall be handled in the manner as prescribed in section 6(5) of this act.

(b) Upon expiration of the performance agreement, the court shall return the child to the custody of the parents if they have substantially complied with the agreement.

(c) If, in the opinion of the court, the social service agency has not complied with its obligations as specified in the written performance agreement, the court may find the social service agency in contempt, shall order the social service agency to submit its plans for compliance with the agreement, and shall require the social service agency to show why the child should not be returned immediately to the home of his or her parents or legal guardian.

(d) If the court finds that the parent's or parents' noncompliance with the performance agreement is the fault of the social service agency, but that the child should not be returned home immediately, the agreement shall be extended for a period of six months.

(e) The court may extend the time limitation of the performance agreement, or may modify the terms of the agreement, based upon information provided by the social service agency, the natural parent or parents, and the foster parents and any other competent information on record demonstrating the need for the amendment. Modifications to the agreement or plan shall be handled in the manner as prescribed in section 6(5) of this act. Any extension of an agreement shall be in keeping with the time requirements and other requirements specified by this chapter.

(f) If, at the time of the eighteen-month judicial review, the child is not returned to the physical custody of his or her natural parents, the agreement shall be extended only if, at the time of the judicial review, the court finds that the situation of the child is so extraordinary that the agreement should be extended. The extension shall be in accordance with section 11 of this act.

(g) The court may issue a protective order in assistance, or as a condition, of any other order made under this chapter. In addition to the requirements included in the performance agreement, the protective order may set forth requirements relating to reasonable conditions of behavior to be observed for a specified period of time by a person or agency who is before the court, and such order may require any such person or agency to make periodic reports to the court containing such information as the court in its discretion may prescribe.

NEW SECTION. Sec. 15. (1) If, in preparation for any judicial review hearing under this chapter, it is the opinion of the social service agency that the parents or legal guardian of the child have not complied with their responsibilities as specified in the written performance agreement, although able to do so, the social service agency shall state its intent to initiate proceedings to terminate parental rights, unless the social service agency can demonstrate to the court that such a recommendation would not be in the child's best interests. If it is the intent of the department or licensed child-placing agency to initiate proceedings to terminate parental rights, the department or licensed child-placing agency shall file a petition for termination of parental rights no later than three months from the date of the previous judicial review hearing. If the petition cannot be filed within three months, the department or licensed child-placing agency shall provide a written report to the court outlining the reasons for delay, the progress made in the termination of parental rights process, and the anticipated date of completion of the process.

(2) If, at the time of the eighteen-month judicial review hearing, a child is not returned to the physical custody of his or her natural parents, the social service agency shall initiate termination of parental rights proceedings under this chapter unless, at the time of the judicial review, the court finds that the situation of the child is so extraordinary that the agreement should be extended. If the court decides to extend the agreement, the court shall enter detailed findings justifying the decision to extend, as well as the length of the extension.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) RCW 13.34.145 and 1989 1st ex.s. c 17 s 18 & 1988 c 194 s 3; and

(2) RCW 13.34.150 and 1990 c 246 s 6, 1977 ex.s. c 291 s 43, & 1913 c 160 s 15 are each repealed.

NEW SECTION. Sec. 17. Sections 5 through 15 of this act are each added to chapter 13.34 RCW.