2844-S

AN ACT Relating to termination of the parent and child relationship; amending RCW 13.34.190; and reenacting and amending RCW 13.34.180.

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

Sec. 1. RCW 13.34.180 and 1993 c 412 s 2 and 1993 c 358 s 3 are each reenacted and 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(8), and shall allege:

(1) That the child previously has been found to be a dependent child under RCW 13.34.030((~~(2)~~)) (4); and

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

(3) That the child is currently a dependent child under RCW 13.34.030(4); and

(4) 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)~~)) (4); and

((~~(4)~~)) (5) That the services ordered under RCW 13.34.130 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)~~)) (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. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:

(a) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or

(b) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child 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; or

((~~(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.

((A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been offered or provided.))

Evidence before a court in a prior dependency proceeding may not be the sole basis upon which the court finds by clear, cogent, and convincing evidence that the child is currently a dependent child under subsection (3) of this section or that there is little likelihood that conditions will be remedied under subsection (6) of this section.

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. 2. RCW 13.34.190 and 1993 c 412 s 3 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)~~)) (7) are established by clear, cogent, and convincing evidence; or

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

(3) The allegation under RCW 13.34.180((~~(7)~~))(8) is established beyond a reasonable doubt. In determining whether RCW 13.34.180 ((~~(5) and~~)) (6) and (7) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.130(2) exist; and

(4) Such an order is in the best interests of the child.