H-0300.1 _______________________________________________
HOUSE BILL 1097
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Costa, Sheahan, Scott and Hatfield
Read first time 01/14/97. 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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