S-0911.2          _______________________________________________

                                 SENATE BILL 5422

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Talmadge, Nelson, Stratton, Roach and von Reichbauer.

Read first time January 31, 1991.  Referred to Committee on Children & Family Services.Granting rights to foster parents.

     AN ACT Relating to foster parents; and amending RCW 13.34.090.

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

     Sec. 1.  RCW 13.34.090 and 1990 c 246 s 4 are each amended to read as follows:

          (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.

     (2) At all stages of a proceeding in which a child is alleged to be dependent pursuant to RCW 13.34.030(2), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court.  Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency as defined in chapter 10.101 RCW.

     (3) A foster parent acquires the right to be a party to a proceeding in which a child is alleged to be dependent pursuant to RCW 13.34.030(2) when the child has been residing in the home of the foster parent for a period of six months or more.

(4) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.

     (((4))) (5) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, within twenty days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel.  These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing.  These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel.