H-3656.1 _______________________________________________
HOUSE BILL 2276
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Costa, Sheahan, Appelwick, Scott and Hatfield
Read first time 01/09/96. Referred to Committee on Law & Justice.
AN ACT Relating to publication of notice in dependency cases; and amending RCW 13.34.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 13.34.080 and 1990 c 246 s 3 are each amended to read as follows:
In
a dependency case where it appears by the petition or verified statement, that
the person standing in the position of natural or legal guardian of the person
of any child, is a nonresident of this state, or that the name or place of
residence or whereabouts of such person is unknown, as well as in all cases
where, after due diligence, the officer has been unable to make service of the
summons or notice provided for in RCW 13.34.070, and a copy of the notice has
been deposited in the post office, postage prepaid, directed to such person at
his last known place of residence, the court shall direct the clerk to publish
notice in a legal newspaper printed in the county, qualified to publish
summons, once a week for ((three)) two consecutive weeks, with
the first publication of the notice to be at least twenty-five days prior to
the date fixed for the hearing. If the parent, guardian, or legal custodian is
believed to be a resident of another state or a county other than the county in
which the petition has been filed, the court may order that the notice
also ((shall)) be published in the county in which the parent, guardian,
or legal custodian is believed to reside. Additionally, publication may
proceed simultaneously with efforts to provide personal service or service by
mail for good cause shown, when there is reason to believe that personal
service or service by mail will not be successful. Such notice shall be
directed to the parent, parents, or other person claiming the right to the
custody of the child, if their names are known, or if unknown, the phrase
"To whom it may concern" shall be used and apply to, and be binding
upon, any such persons whose names are unknown. The name of the court, the
name of the child (or children if of one family), the date of the filing of the
petition, the date of hearing, and the object of the proceeding in general
terms shall be set forth, and the whole shall be subscribed by the clerk.
There shall be filed with the clerk an affidavit showing due publication of the
notice, and the cost of publication shall be paid by the county at not to
exceed the rate paid by the county for other legal notices. The publication of
notice shall be deemed equivalent to personal service upon all persons, known
or unknown, who have been designated as provided in this section.
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