BP BHEAD INT S [atlas:bill]

AN ACT Relating to the voluntary termination of the parent and child relationship by the parent; and adding a new chapter to Title 13 RCW.

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

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of social and health services.

(2) "Child" means a person under the age of eighteen years who is not emancipated under chapter 13.64 RCW.

(3) "Parent" means the natural or adoptive mother or father of a child.

(4) "Guardian ad litem" means a person, not related to a party to the action, appointed by the court to represent the best interests of a party who is under a legal disability.

(5) "Delinquent child" means a child who has violated any state law defining a crime; any ordinance of a town, city, or county of this state defining a crime; any law of another state defining a crime; or any law of the federal government defining a crime; and who has been referred to a court in any jurisdiction for any disposition.

(6) "Incorrigible child" means a child who is beyond the control of the child's parent or legal guardian by reason of the conduct of the child.

Evidence of incorrigibility includes but is not limited to the following behaviors: Failure to comply with the requirements of the parent or legal guardian not otherwise unlawful; failure to cease the unlawful use of alcohol, drugs, or tobacco; failure to cease frequenting a residence or place where unlawful activity occurs; failure to cease associating with persons who engage in unlawful activity; and failure to cease violating curfew laws or being in public places at nighttime without being on lawful business.

An incorrigible child is a child who habitually engages in the behavior without the express or implied consent of the child's parent or legal guardian and who refuses to comply with the demand of the parent or legal guardian that the child cease engaging in such behavior.

(7) "Truant child" means a child who is habitually absent from school without the express or implied consent of the child's parent or legal guardian and who refuses to comply with the demand of the parent or legal guardian that the child attend school or who has been suspended or expelled from school.

NEW SECTION. Sec. 2. A parent may petition the superior court for the voluntary termination of the parent and child relationship if:

(1)(a) The child is a delinquent child, an incorrigible child, or a truant child;

(b) The parent has made good faith and ongoing attempts to control the child or be reconciled with the child;

(d) Future attempts by the parent to control the child or be reconciled with the child would be futile; or

(2) The parent has previously petitioned the court, the court has ordered the child to cease to engage in delinquent, incorrigible, or truant behavior and to comply with the parent's requests, and the child has failed to comply with the order of the court.

NEW SECTION. Sec. 3. The court shall set a time and place for a hearing on the petition for the voluntary termination of the parent and child relationship by the parent within thirty days after the filing of the petition.

Notice of the hearing and a copy of the petition must be personally served on the parent petitioning for termination, the child's other parent, the child, and the department at least twenty days prior to the hearing.

If the child is an Indian child, notice of the hearing must also be personally served on the child's tribe.

If personal service cannot be made, the notice must be given by registered, first class mail, mailed at least thirty days prior to the hearing, and by publication at least once a week for three consecutive weeks with the first publication at least thirty days before the hearing.

The court shall appoint a guardian ad litem for the child.

The court shall advise the child that the child has the right to court-appointed counsel to represent the child on the petition and shall provide court-appointed counsel to the child upon request.

NEW SECTION. Sec. 4. The parent-child relationship of an Indian child and his or her parent may be terminated only pursuant to the standards set forth in 25 U.S.C. Sec. 1912(f).

In cases not involving an Indian child and his or her parent, the parent and child relationship of a parent may be terminated upon a showing by:

(1) Clear, cogent, and convincing evidence that:

(a) The child is a delinquent child, an incorrigible child, or a truant child;

(b) The parent has made good faith and ongoing attempts to control the child or be reconciled with the child; and

(2) A preponderance of the evidence that:

(a) Future attempts by the parent to control the child or be reconciled with the child would be futile; or

(b) The parent has previously petitioned the court, the court has ordered the child to cease to engage in delinquent, incorrigible, or truant behavior and to comply with the parent's requests, and the child has failed to comply with the order of the court.

That a parent did not obtain paid or professional counseling services or take advantage of government-provided counseling services may not be considered in determining whether the parent gave his or her implied or express consent to the behavior of the child.

NEW SECTION. Sec. 5. If the court determines that the parent and child relationship should be terminated, the court shall enter an appropriate order terminating the parent and child relationship.

If the court approves the petition and terminates the parent and child relationship, the court shall award custody of the child to the nonpetitioner, noncustodial parent if the nonpetitioner, noncustodial parent is otherwise qualified and moves the court for custody of the child. If a nonpetitioner, noncustodial parent does not move for custody of the child or is not awarded custody of the child, the court shall award custody of the child to the department who shall be appointed legal guardian of the child. The nonpetitioner, noncustodial parent who is awarded custody of the child, or the department as legal guardian of the child, is financially responsible for support of the child until further order of the court.

An order of termination and appointment of the department as legal guardian of the child must include an order authorizing the department to place the child with a prospective adoptive parent under the provisions of chapter 26.33 RCW.

An order terminating the parent and child relationship divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other except past-due child support obligations owed by the parent, which shall be paid to the department.

The parent and child relationship may be terminated with respect to one parent without affecting the parent and child relationship between the child and the other parent.

The parent whose parent and child relationship with the child has been terminated is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to contest the adoption or otherwise to participate in the proceedings unless an appeal from the termination order is pending or unless otherwise ordered by the court.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 13 RCW.