AN ACT
Relating to dependent children; and amending RCW 13.34.110 and 13.34.130.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.34.110 and 1993 c 412 s 7 are each amended to read as follows:
The
court shall hold a fact-finding hearing on the petition and, unless the court
dismisses the petition, shall make written findings of fact, stating the
reasons therefor, and after it has announced its findings of fact shall hold a
hearing to consider disposition of the case immediately following the
fact-finding hearing or at a continued hearing within fourteen days or longer
for good cause shown. The parties need not appear at the fact-finding or
dispositional hearing if the parties, their attorneys, the guardian ad litem,
and court-appointed special advocates, if any, are all in agreement. The court
shall receive and review a social study before entering an order based on
agreement. No social file or social study may be considered by the court in
connection with the fact-finding hearing or prior to factual determination,
except as otherwise admissible under the rules of evidence. Notice of the time
and place of the continued hearing may be given in open court. If notice in
open court is not given to a party, that party shall be notified by mail of the
time and place of any continued hearing.
All
hearings may be conducted at any time or place within the limits of the county,
and such cases may not be heard in conjunction with other business of any other
division of the superior court. The general public shall be excluded, and only
such persons may be admitted who are found by the judge to have a direct
interest in the case or in the work of the court. Unless the court states
on the record the reasons to disallow attendance, the court shall allow a
child's relatives and, if a child resides in foster care ((or in the
home of a relative pursuant to a disposition order entered under RCW 13.34.130,
the court may allow)), the child's foster parent ((or relative
care provider)), to attend ((dependency review)) all
hearings and proceedings pertaining to the child for the sole purpose of
providing oral and written information about the child and the
child's welfare to the court.
Stenographic
notes or any device which accurately records the proceedings may be required as
provided in other civil cases pursuant to RCW 2.32.200.
Sec.
2. RCW
13.34.130 and 1994 c 288 s 4 are each amended to read as follows:
If,
after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; 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. Placement
of the child with a relative under this subsection shall be given preference by
the court. 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 preventive
services have been offered or provided and have failed to prevent the need for
out-of-home placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home, 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
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 one of the following assault crimes, when the child
is the victim: Assault in the first or second degree as defined in RCW
9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as
defined in RCW 9A.36.120 or 9A.36.130;
(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 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
permanency plan of care that shall identify one of the following outcomes as a
primary goal and may identify additional outcomes as alternative goals: Return
of the child to the home of the child's parent, guardian, or legal custodian;
adoption; guardianship; or long-term relative or foster care, until the child
is age eighteen, with a written agreement between the parties and the care
provider.
(b)
Unless the court has ordered, pursuant to subsection (2) of this section, 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 subsection (2) of this section, 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 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)
Except for children whose cases are reviewed by a citizen review board under
chapter 13.70 RCW, 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 and preference 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.
