AN ACT Relating to
placement of children; and amending RCW 13.34.130 and 13.34.145.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. 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. 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; and independent
living, if appropriate and if the child is age sixteen or older. Whenever a
permanency plan identifies independent living as a goal, the plan shall also
specifically identify the services that will be provided to assist the child to
make a successful transition from foster care to independent living. Before
the court approves independent living as a permanency plan of care, the court
shall make a finding that the provision of services to assist the child in
making a transition from foster care to independent living will allow the child
to manage his or her financial affairs and to manage his or her personal,
social, educational, and nonfinancial affairs. The department shall not
discharge a child to an independent living situation before the child is
eighteen years of age unless the child becomes emancipated pursuant to chapter
13.64 RCW.
(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 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 13.34.145 and 1994 c
288 s 5 are each amended to read as follows:
(1) A permanency plan
shall be developed no later than sixty days from the time the supervising
agency assumes responsibility for providing services, including placing the
child, or at the time of a hearing under RCW 13.34.130, whichever occurs
first. The permanency planning process continues until a permanency planning
goal is achieved or dependency is dismissed. The planning process shall
include reasonable efforts to return the child to the parent's home.
(a) Whenever a child is
placed in out-of-home care pursuant to RCW 13.34.130, the agency that has
custody of the child shall provide the court with a written permanency plan of
care directed towards securing a safe, stable, and permanent home for the child
as soon as possible. The plan shall identify one of the following outcomes as
the primary goal and may also 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; and independent living, if appropriate and if the
child is age sixteen or older and the provisions of subsection (2) of this
section are met.
(b) The identified
outcomes and goals of the permanency plan may change over time based upon the
circumstances of the particular case.
(c) Permanency planning
goals should be achieved at the earliest possible date, preferably before the
child has been in out-of-home care for fifteen months.
(2) Whenever a
permanency plan identifies independent living as a goal, the plan shall also
specifically identify the services that will be provided to assist the child to
make a successful transition from foster care to independent living. Before
the court approves independent living as a permanency plan of care, the court
shall make a finding that the provision of services to assist the child in
making a transition from foster care to independent living will allow the child
to manage his or her financial affairs and to manage his or her personal,
social, educational, and nonfinancial affairs. The department shall not
discharge a child to an independent living situation before the child is
eighteen years of age unless the child becomes emancipated pursuant to chapter
13.64 RCW.
(3)(a) For
children ten and under, a permanency planning hearing shall be held in all
cases where the child has remained in out-of-home care for at least nine months
and an adoption decree or guardianship order has not previously been entered.
The hearing shall take place no later than twelve months following commencement
of the current placement episode.
(b) For children over
ten, a permanency planning hearing shall be held in all cases where the child
has remained in out-of-home care for at least fifteen months and an adoption
decree or guardianship order has not previously been entered. The hearing
shall take place no later than eighteen months following commencement of the
current placement episode.
(((3))) (4)
Whenever a child is removed from the home of a dependency guardian or long-term
relative or foster care provider, and the child is not returned to the home of
the parent, guardian, or legal custodian but is placed in out-of-home care, a
permanency planning hearing shall take place no later than twelve or eighteen
months, as provided in subsection (((2))) (3) of this section,
following the date of removal unless, prior to the hearing, the child returns
to the home of the dependency guardian or long-term care provider, the child is
placed in the home of the parent, guardian, or legal custodian, an adoption
decree or guardianship order is entered, or the dependency is dismissed.
(((4))) (5)
No later than ten working days prior to the permanency planning hearing, the
agency having custody of the child shall submit a written permanency plan to
the court and shall mail a copy of the plan to all parties and their legal
counsel, if any.
(((5))) (6)
At the permanency planning hearing, the court shall enter findings as required
by RCW 13.34.130(5) and shall review the permanency plan prepared by the
agency. If a goal of long-term foster or relative care has been achieved prior
to the permanency planning hearing, the court shall review the child's status
to determine whether the placement and the plan for the child's care remain
appropriate. In cases where the primary permanency planning goal has not yet
been achieved, the court shall inquire regarding the reasons why the primary
goal has not been achieved and determine what needs to be done to make it
possible to achieve the primary goal. In all cases, the court shall:
(a)(i) Order the
permanency plan prepared by the agency to be implemented; or
(ii) Modify the
permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child
returned home only if the court finds that a reason for removal as set forth in
RCW 13.34.130 no longer exists; or
(ii) Order the child to
remain in out-of-home care for a limited specified time period while efforts
are made to implement the permanency plan.
(((6))) (7)
If the court orders the child returned home, casework supervision shall
continue for at least six months, at which time a review hearing shall be held
pursuant to RCW 13.34.130(5), and the court shall determine the need for
continued intervention.
(((7))) (8)
Following the first permanency planning hearing, the court shall hold a further
permanency planning hearing in accordance with this section at least once every
twelve months until a permanency planning goal is achieved or the dependency is
dismissed, whichever occurs first.
(((8))) (9)
Except as otherwise provided in RCW 13.34.235, the status of all dependent
children shall continue to be reviewed by the court at least once every six
months, in accordance with RCW 13.34.130(5), until the dependency is
dismissed. Prior to the second permanency planning hearing, the agency that
has custody of the child shall consider whether to file a petition for
termination of parental rights.
(((9))) (10)
Nothing in this chapter may be construed to limit the ability of the agency
that has custody of the child to file a petition for termination of parental
rights or a guardianship petition at any time following the establishment of
dependency. Upon the filing of such a petition, a fact-finding hearing shall
be scheduled and held in accordance with this chapter unless the agency
requests dismissal of the petition prior to the hearing or unless the parties
enter an agreed order terminating parental rights, establishing guardianship,
or otherwise resolving the matter.
(((10))) (11)
The approval of a permanency plan that does not contemplate return of the child
to the parent does not relieve the supervising agency of its obligation to
provide reasonable services, under this chapter, intended to effectuate the
return of the child to the parent, including but not limited to, visitation
rights.
(((11)))
(12) Nothing in this chapter may be construed to limit the procedural
due process rights of any party in a termination or guardianship proceeding
filed under this chapter.
