Washington State
House of Representatives
Office of Program Research
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Children & Family Services
Committee
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BILL ANALYSIS
HB 2556
Title: An act relating to amendments concerning the
child abuse prevention and treatment act and the adoption and safe families
act.
Brief Description: Making changes concerning the federal child abuse
prevention and treatment act.
Sponsors:
Representatives Cooke, Tokuda and O'Brien; by request of Department of Social
and Health Services.
Meeting
Date:January 29, 1998.
Bill
Analysis Prepared by:Doug
Ruth (786-7134).
Background: Within
the past year, Congress has amended two federal acts that govern child welfare
law, The Child Abuse Act and the Social Security Act (title IV). Both of
these acts provide grants to states for activities relating to preventing and
treating child abuse and neglect, and family preservation. To be eligible for
funding under the grant programs, states are required to establish systems for
reporting and investigation child abuse and neglect, and providing foster care
and adoption assistance. As with the vast majority of similar federal grant
programs, these systems must meet certain federal guidelines.
Both acts were recently amended. The amendments
change the guidelines for state foster care, adoption assistance, and child
abuse and neglect programs.
Summary of Bill: Changes are made in Washington=s child abuse and dependency laws to conform with recent changes in
federal law.
The policy goal of Washington=s dependency chapter is altered to emphasize that, in meeting the
federal requirement that Areasonable efforts@ be made to
reunite families, the paramount concern is the health and safety of the child.
An additional criteria is added to the list of
circumstances that compel the filing of a parental termination petition after a
child has been found dependent and removed from his or her home. The
additional criteria is that a child under two years of age has been abandoned.
In
certain circumstances, the custodial agency is relieved of the obligation to
make reasonable efforts to eliminate the need to remove a child from his or her
home. The agency is relieved of the obligation if such reunification efforts
are inconsistent with the child=s permanency plan created by the agency.
Courts
and the agency are also relieved of the obligation to make reasonable efforts
to reunify the family if the child=s parent committed certain offenses against another
child. These offenses include attempt, conspiracy to commit, or commission of
first or second degree murder and first or second degree manslaughter of a
child; commission of first or second degree assault against the child, or
another child; and a previous termination of parental rights.
If
the reunification obligation does not apply in any of these circumstances, the
agency is required instead to complete whatever steps are necessary to
permanently place the child in a timely manner.
Foster
parents, pre-adoptive parents, or relatives of a dependent child are given the
opportunity to provide input to the judge who is overseeing implementation of a
child=s permanency plan. These caretakers may give input
only if they are the one currently providing care to the child at the time of
the court=s review hearing. The court must notify the
caretakers of all review hearings.
Age
is eliminated as a factor for determining when a permanency planning hearing by
a court is required. No matter the age of the child, a court must hold a
hearing if a child has remained out-of-home for at least nine months and
neither an adoption decree or guardianship order is pending. The hearing must
be held within twelve months of the date of the child=s removal from home.
An
additional basis for termination of a parent=s rights is
created. A court may terminate parental rights if it is proved beyond a
reasonable doubt that a child is dependent, and that the parent has attempted,
conspired, or committed first or second degree murder or first or second degree
manslaughter of the parent=s child, or committed first or second degree
assault against the child, or another child.
Licensing
and employment decisions by the department may not be based on unfounded child
abuse or neglect reports.
All
persons named in founded reports of child abuse or neglect have the right to
seek review of the finding, not just those seeking employment. A review
procedure is created. The person may request the department review the finding
within twenty days of receiving notice that the person is the subject of a
founded report. The request must be written. Management level staff in the
Children=s Administration shall conduct the review. If
appropriate, the finding may be changed. The outcome of the review is sent to
the requestor. Within thirty days of receiving the notice, the person may
request a adjudicative hearing. No standard of proof is given. Any review or
hearing is confidential. If the requestor does not meet the time lines or
procedures described, he or she loses all rights to challenge the finding.
Notification
of allegations of abuse or neglect is made by certified mail, return receipt
requested.
The
department=s duty to investigate complaints of child abuse,
neglect or abandonment is revised. The description of what constitutes child
abuse, neglect or abandonment is described in greater detail. In addition, the
department may conduct a family assessment instead of an investigation. On the
basis of an investigation or assessment, the department may offer services to
the child=s parents or guardians to resolve the problems
revealed, and/or bring the situation to the attention of a court. The duty to
report to law enforcement agencies crimes revealed by a department
investigation is limited to crimes against children.
Appropriation: None.
Fiscal Note: None
requested.
Effective Date: Ninety
days after adjournment of session in which bill is passed.
Committee Members:
Rep. Suzette Cooke,
ChairRep. Mike Carrell
Rep. Marc Boldt, Vice Chair Rep.
Mary Lou Dickerson
Rep. Roger Bush, Vice Chair Rep.
Jeff Gombosky
Rep. Kip Tokuda* Rep.
Joyce McDonald
Rep. Jim Kastama** Rep.
Cathy Wolfe
Rep. Ida Ballasiotes
