FINAL BILL REPORT

                  ESSB 6389

                          C 135 L 00

                      Synopsis as Enacted

 

Brief Description:  Extending juvenile court jurisdiction over permanency planning matters in dependency proceedings.

 

Sponsors:  Senate Committee on Human Services & Corrections (originally sponsored by Senators Stevens, Hargrove and Long).

 

Senate Committee on Human Services & Corrections

House Committee on Judiciary

 

Background:  Several years ago, the Legislature added permanent legal custody orders (third party custody) under RCW 26.10 as a permitted permanency plan under the dependency statute.  This change allowed a juvenile court to approve a permanent legal custody order entered by the superior court as a permanency plan and dismiss the dependency.

 

Permanent legal custody orders have not been utilized as a permanent plan as often as originally anticipated because obtaining a permanent custody order presents an additional step that can be costly.

 

Summary:  The juvenile court hearing a dependency petition has concurrent jurisdiction to hear a permanent custody petition under RCW 26.10.  The parents, guardians or legal custodians, with the court=s approval, must agree to the entry of the permanent custody order.  Other parties to the dependency may agree to the order.  The petitioner in an RCW 26.10 action who is not a party to the dependency must agree to the entry of the custody order.  In addition, the order must be in the best interests of the child.

 

If a custody order is entered under RCW 26.10 and the dependency dismissed, the Department of Social and Health Services shall not continue to supervise the placement.

 

Votes on Final Passage:

 

Senate 440

House980

 

Effective:June 8, 2000