5480-S AAS 3/16/99 S2268.4

SSB 5480 - S AMD - 223

By Senator Patterson

                                                   ADOPTED 3/16/99

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 13.34.030 and 1998 c 130 s 1 are each amended to read as follows:

    For purposes of this chapter:

    (1) "Chemical dependency treatment" means a service certified by the department as qualified in helping individuals successfully recover from the nonprescription use of controlled substances.

(2) "Child" and "juvenile" means any individual under the age of eighteen years.

    (((2))) (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest.  If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

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

(5) "Dependency finding" means a determination by the court that a child is a dependent child.

(6) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

    (((4))) (7) "Dependency petition" means a petition filed under this chapter.

(8) "Dependent child" means any child:

    (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so.  If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

    (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or

    (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

    (((5))) (9) "Drug-affected infant" has the definition created by the department of health in conjunction with the department of social and health services under RCW 13.34.801 and the infant requires treatment for withdrawal from controlled substances the infant was exposed to from the mother's use of nonprescription controlled substances or the infant requires treatment and services related to conditions that extend beyond the point of withdrawal.

(10) "Family planning" means the process of limiting or spacing the birth of children, education, counseling, information, and services.  "Family planning" does not include pregnancy termination.

(11) "Guardian" means the person or agency that:  (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment.  The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

    (((6))) (12) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter.  A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

    (((7))) (13) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent.  Such management shall include but is not limited to:  Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

    (((8))) (14) "Newborn infant" means an infant within seven days after birth.

(15) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

    (((9))) (16) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

(17) "Test" means use of a medically accepted standard of care for determining whether a newborn infant is a drug-affected infant.

NEW SECTION. Sec. 2.  A new section is added to chapter 13.34 RCW to read as follows:

    In an effort to reduce the harmful effects of drug-affected infants:

    (1)(a) A woman's primary health care provider shall:

    (i) Screen pregnant and lactating women for nonprescription use of controlled substances while pregnant.  Screening criteria may include, but is not limited to, the criteria developed by the department of health pursuant to chapter 70.83E RCW;

    (ii) Convey to the infant's primary health care provider screening findings that would suggest the need for testing of the infant, or conduct the testing; and

    (iii) Inform each woman identified by screening for testing of her infant that if her infant is born drug-affected she can have a tubal ligation at no cost to her within six months following the birth if she is eligible for support under RCW 74.09.310, and how to access appropriate chemical dependency treatment.

    (b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.

    (2)(a) The health care provider of a newborn infant shall:

    (i) Test any infant the provider reasonably believes is drug-affected; and

    (ii) Notify the department of the name and address of the parent or parents of a drug-affected infant.

    (b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.

    (3) The department shall investigate all reports received under this section.

NEW SECTION. Sec. 3.  A new section is added to chapter 13.34 RCW to read as follows:

    When an infant is determined to be a first drug-affected infant, the department shall file a dependency petition in appropriate cases.  The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

    (1) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis.  The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days.  In addition, the agreement shall:

    (a) Specify completion dates for each of the conditions of treatment;

    (b) Expire within twelve months of the date of execution; and

    (c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely beyond the control of the mother.

    (2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.

    (3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency.  In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.

    (4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.

    (5) The department or any party to the petition may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.

    (6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment.

NEW SECTION. Sec. 4.  A new section is added to chapter 13.34 RCW to read as follows:

     When an infant is determined to be a second drug-affected infant, the department shall file a dependency petition for the second drug-affected infant unless compelling reasons exist to the contrary.  The department may proceed immediately with a dependency petition on the first drug-affected infant.  The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

    (1) The department and the mother may enter an agreement in which the mother agrees to inpatient chemical dependency treatment unless the department determines outpatient treatment is in the best interest of the child and participation in a model project developed under RCW 13.34.800 for aftercare services if the model project is available.  The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days.  In addition, the agreement shall:

    (a) Specify completion dates for each of the conditions of treatment;

    (b) Expire within twelve months of the date of execution; and

    (c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely outside the control of the mother.

    (2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.

    (3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency.  In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.

    (4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.

    (5) The department or the mother may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.

    (6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment programs.

NEW SECTION. Sec. 5.  A new section is added to chapter 13.34 RCW to read as follows:

    Unless compelling reasons exist to the contrary, the department shall file a dependency petition when an infant is determined to be a third or subsequent drug-affected infant.  Unless compelling reasons exist to the contrary, the department shall proceed with dependency petitions on all drug-affected children born before the third or subsequent birth.  The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.

    (1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020, who shall undertake the processes described in RCW 70.96A.140.  If the mother enters chemical dependency treatment, the mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days.

    (2) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient chemical dependency treatment and an aftercare chemical dependency treatment program unless compelling reasons exist to the contrary.  The mother must establish to the court that she can safely provide for the welfare of her child or children.

NEW SECTION. Sec. 6.  A new section is added to chapter 13.34 RCW to read as follows:

    Nothing in sections 2 through 5 of this act may be interpreted to prohibit or compel action in the best interests of the child by the department independent from the drug-affected status of an infant.

NEW SECTION. Sec. 7.  A new section is added to chapter 13.34 RCW to read as follows:

    Notwithstanding sections 2 through 5 of this act, no provider of chemical dependency treatment services may be required by law or contract in any circumstance to participate in the provision of family planning services if the provider objects to so doing for reasons of conscience or religion.  Each provider of chemical dependency treatment that invokes the exemption provided under this section shall promptly provide written notice to persons admitted to treatment listing the family planning services the provider refuses to provide for the reason of conscience or religion and how a person admitted to treatment may access family planning in an expeditious manner.  When negotiating contracts for chemical dependency treatment services, the department shall prioritize contracted services under sections 3 through 5 of this act for the purpose of maximizing the number of providers who can show effective measurable outcomes in reducing chemical dependency and the birth of drug-affected infants through effective treatment regardless of whether or not they provide family planning services.

    Sec. 8.  RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:

    (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition.  If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent.  The developmentally disabled child shall not be required to appear unless requested by the court.  Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.  The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found.  In cases of a drug-affected infant, exceptional reasons for a continuance exist if the mother and the department have executed an agreement that will take more than seventy-five days to fulfill.  The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist.  To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.

    (2) A copy of the petition shall be attached to each summons.

    (3) The summons shall advise the parties of the right to counsel.  The summons shall also inform the child's parent, guardian, or legal custodian of his or (([her])) her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.

    (4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.

    (5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.

    (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.

    (7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court.  The order endorsed upon the summons shall conspicuously display the following legend:

                              NOTICE:

                      VIOLATION OF THIS ORDER

                     IS SUBJECT TO PROCEEDING

                       FOR CONTEMPT OF COURT

                    PURSUANT TO RCW 13.34.070.

    (8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court.  If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court.  If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.

    (9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.

    (10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe.  If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.

    Sec. 9.  RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and 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 person who is related to the child as defined in RCW 74.15.020(((4))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.  Placement of the child with a relative under this subsection shall be given preference by the court.  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) The court finds, by clear, cogent, and convincing evidence, 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:  (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required.  Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child.  In determining whether aggravated circumstances exist, the court shall consider one or more of the following:

    (i) 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;

    (ii) 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;

    (iii) 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;

    (iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;

    (v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;

    (vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;

    (vii) 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.  In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;

    (viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(((4))) (8)(a);

    (ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under ((section 23 of this act)) section 5 of this act.

    (3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days.  Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.

    (4) 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; permanent legal custody; 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.

    (5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.

    (6) 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.

    (7) 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.  The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing.  This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

    (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 and preference 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. 10.  RCW 74.09.310 and 1998 c 314 s 34 are each amended to read as follows:

    The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under ((section 20 or 21 of this act)) sections 3 through 5 of this act.  Within available funds, the department may pay for any tubal ligations requested under ((section 19 of this act)) section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level.  The department shall report by December 1st of each year to the governor and legislature:  (1) The number of tubal ligations performed as a result of ((chapter 314, Laws of 1998)) this act; (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.

    Sec. 11.  RCW 18.71.950 and 1998 c 314 s 36 are each amended to read as follows:

    (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

    (((2) This section expires June 30, 2002.))

    Sec. 12.  RCW 18.57.920 and 1998 c 314 s 37 are each amended to read as follows:

    (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an osteopath licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

    (((2) This section expires June 30, 2002.))

    Sec. 13.  RCW 18.79.903 and 1998 c 314 s 38 are each amended to read as follows:

    (((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an advanced registered nurse practitioner licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.

    (((2) This section expires June 30, 2002.))

NEW SECTION. Sec. 14.  The following acts or parts of acts are each repealed:

(1) RCW 18.57.930 (Application--1998 c 314) and 1998 c 314 s 43;

(2) RCW 18.71.960 (Application--1998 c 314) and 1998 c 314 s 42;

(3) RCW 18.79.904 (Application--1998 c 314) and 1998 c 314 s 44;

(4) RCW 70.96A.330 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 33; and

(5) RCW 70.96A.340 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 41.

NEW SECTION. Sec. 15.  This act applies only to drug-affected infants born on or after the effective date of this act.

NEW SECTION. Sec. 16.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 17.  The Washington institute for public policy shall evaluate the outcomes of this act and report its findings to the legislature and governor not later than December 1, 2001.  The evaluation shall include:

    (1) The number of women who use nonprescription controlled substances during pregnancy and give birth to drug-affected infants;

    (2) The number of women who use nonprescription controlled substances during pregnancy and give birth to subsequent drug-affected infants;

    (3) The number of women who accept pharmaceutical pregnancy prevention while in chemical dependency treatment;

    (4) The number of women who continue to engage in pharmaceutical pregnancy prevention or other reliable pregnancy prevention methods after concluding chemical dependency treatment;

    (5) The number of women who accept the offer of free tubal ligation;

    (6) The rate of successful completion of chemical dependency treatment among women who enter treatment under this act;

    (7) The number of dependencies filed and deferred under this act and outcomes of the deferrals; and

    (8) A description of the mother's chemical dependency including identification of the drugs and/or alcohol abused."

SSB 5480 - S AMD - 223

By Senator Patterson

                                                   ADOPTED 3/16/99

    On page 1, line 1 of the title, after "infants;" strike the remainder of the title and insert "amending RCW 13.34.030, 13.34.070, 74.09.310, 18.71.950, 18.57.920, and 18.79.903; reenacting and amending RCW 13.34.130; adding new sections to chapter 13.34 RCW; creating new sections; and repealing RCW 18.57.930, 18.71.960, 18.79.904, 70.96A.330, and 70.96A.340."

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