5379.E AMH KAGI H2852.1

ESB 5379 - H AMD TO CFS COMM AMD (H-2701.1/03) 387

By Representative Kagi

ADOPTED 04/14/2003

Strike everything after line 2 of the amendment and insert the following:

"Sec. 1. RCW 13.34.115 and 2000 c 122 s 12 are each amended to read as follows:

(1) All hearings ((may)) shall be public, and conducted at any time or place within the limits of the county, ((and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court)) except if the judge finds that excluding the public is in the best interests of the child.

(2) Either parent, or the child's attorney or guardian ad litem, may move to close a hearing at any time. If the judge finds that it is in the best interests of the child the court shall exclude the public.

(3) If the public is excluded from the hearing, the following people may attend the closed hearing unless the judge finds it is not in the best interests of the child:

(a) The child's relatives;

(b) The child's foster parents if the child resides in foster care; and

(c) Any person requested by the parent.

(4) Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

(5) Any video recording of the proceedings may be released pursuant to RCW 13.50.100, however, the video recording may not be televised, broadcast, or further disseminated to the public."

EFFECT: (1) Maintains the exception in the Children & Family Services committee striking amendment that permits a judge to close the hearing when it is in the best interests of the child rather than the exception in the underlying bill which would permit the closure of the hearing only if the open hearing would jeopardize the health, safety, or welfare of the child.

(2) Allows either parent, or the child's attorney or guardian ad litem, to request the hearing be closed and the public will be excluded if it is in the best interests of the child.

(3) Maintains the language in the underlying Children & Family Services committee striking amendment that permits certain people to attend the hearing regardless of whether the court has excluded the general public.

(4) Prohibits a video recording of the proceeding from being televised, broadcast, or further disseminated to the public.

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