S-4377.1  _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6195

          _______________________________________________

 

State of Washington      55th Legislature     1998 Regular Session

 

By Senate Committee on Human Services & Corrections (originally sponsored by Senators Long and Hargrove; by request of Department of Social and Health Services)

 

Read first time 01/28/98.

Correcting statutory references.


    AN ACT Relating to technical corrections to statutory references; and amending RCW 13.34.090 and 43.43.700.

 

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

 

    Sec. 1.  RCW 13.34.090 and 1990 c 246 s 4 are each amended to read as follows:

    (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.

    (2) At all stages of a proceeding in which a child is alleged to be dependent ((pursuant to)) as defined in RCW 13.34.030(((2))) (4), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court.  Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency as defined in chapter 10.101 RCW.

    (3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.

    (4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, within twenty days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel.  These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing.  These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel.

 

    Sec. 2.  RCW 43.43.700 and 1989 c 334 s 6 are each amended to read as follows:

    There is hereby established within the Washington state patrol a section on identification, child abuse, vulnerable adult abuse, and criminal history hereafter referred to as the section.

    In order to aid the administration of justice the section shall install systems for the identification of individuals, including the fingerprint system and such other systems as the chief deems necessary.  The section shall keep a complete record and index of all information received in convenient form for consultation and comparison.

    The section shall obtain from whatever source available and file for record the fingerprints, palmprints, photographs, or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested and charged with, or convicted of any criminal offense.  The section may obtain like information concerning persons arrested for or convicted of crimes under the laws of another state or government.

    The section shall also contain like information concerning persons, over the age of eighteen years, who have been found((, pursuant to a dependency proceeding under RCW 13.34.030(2)(b) to have physically abused or sexually abused or exploited a child or, pursuant to a protection proceeding under chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult)) to have physically abused or sexually abused or exploited a child pursuant to a dependency proceeding under chapter 13.34 RCW, or to have abused or financially exploited a vulnerable adult pursuant to a protection proceeding under chapter 74.34 RCW.

 


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