Passed by the House February 13, 2004 Yeas 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 4, 2004 Yeas 44   BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 3051 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
Approved March 22, 2004. GARY F. LOCKE ________________________________________ Governor of the State of Washington | March 22, 2004 - 5:10 p.m. Secretary of State State of Washington |
State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 02/05/04.
AN ACT Relating to notice provisions for proceedings involving the Indian child welfare act; and amending RCW 26.10.034, 26.33.040, 13.34.040, 13.34.070, and 13.32A.152.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 26.10.034 and 2003 c 105 s 7 are each amended to read
as follows:
(1)(a) Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the child is or may be an Indian
child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian
child as defined under the Indian child welfare act, the provisions of
the act shall apply.
(b) Whenever the court or the petitioning party in a proceeding
under this chapter knows or has reason to know that an Indian child is
involved, the petitioning party shall promptly provide notice to the
child's parent or Indian custodian and to the agent designated by the
child's Indian tribe to receive such notices. Notice shall be by
certified mail with return receipt requested. If the identity or
location of the parent or Indian custodian and the tribe cannot be
determined, notice shall be given to the secretary of the interior in
the manner described in 25 C.F.R. 23.11. If the child may be a member
of more than one tribe, the petitioning party shall send notice to all
tribes the petitioner has reason to know may be affiliated with the
child.
(c) The notice shall: (i) Contain a statement notifying the parent
or custodian and the tribe of the pending proceeding; and (ii) notify
the tribe of the tribe's right to intervene and/or request that the
case be transferred to tribal court.
(2) Every order or decree entered in any proceeding under this
chapter shall contain a finding that the Indian child welfare act does
or does not apply. Where there is a finding that the Indian child
welfare act does apply, the decree or order must also contain a finding
that all notice requirements and evidentiary requirements under the
Indian child welfare act have been satisfied.
Sec. 2 RCW 26.33.040 and 1991 c 136 s 1 are each amended to read
as follows:
(1)(a) Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the ((Indian Child Welfare Act, 25
U.S.C. Sec. 1901 et seq., applies to the proceeding. Every order or
decree entered in any proceeding under this chapter shall contain a
finding that the Indian Child Welfare Act does or does not apply. In
proceedings under this chapter, the adoption facilitator shall file a
sworn statement documenting efforts to determine whether the Indian
Child Welfare Act, 25 U.S.C. Sec. 1901 et seq., applies)) child is or
may be an Indian child as defined in 25 U.S.C. Sec. 1903. If the child
is an Indian child as defined under the Indian child welfare act, the
provisions of the act shall apply.
(b) Every order or decree entered in any proceeding under this
chapter shall contain a finding that the Indian child welfare act does
or does not apply. Where there is a finding that the Indian child
welfare act does apply, the decree or order must also contain a finding
that all notice requirements and evidentiary requirements under the
Indian child welfare act have been satisfied.
(c) In proceedings under this chapter, the adoption facilitator
shall file a sworn statement documenting efforts to determine whether
an Indian child as defined under the Indian child welfare act, 25
U.S.C. Sec. 1903, is involved.
(d) Whenever the court or the petitioning party knows or has reason
to know that an Indian child is involved in any termination,
relinquishment, or placement proceeding under this chapter, the
petitioning party shall promptly provide notice to the child's parent
or Indian custodian and to the agent designated by the child's Indian
tribe to receive such notices. Notice shall be by certified mail with
return receipt requested. If the identity or location of the parent or
Indian custodian and the tribe cannot be determined, notice shall be
given to the secretary of the interior in the manner described in 25
C.F.R. 23.11. If the child may be a member of more than one tribe, the
petitioning party shall send notice to all tribes the petitioner has
reason to know may be affiliated with the child.
(e) The notice shall: (i) Contain a statement notifying the parent
or custodian and the tribe of the pending proceeding; and (ii) notify
the tribe of the tribe's right to intervene and/or request that the
case be transferred to tribal court.
(f) No termination, relinquishment, or placement proceeding shall
be held until at least ten days after receipt of notice by the tribe.
If the tribe requests, the court shall grant the tribe up to twenty
additional days to prepare for such proceeding.
(2) Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the Soldiers and Sailors Civil
Relief Act of 1940, 50 U.S.C. Sec. 501 et seq. applies to the
proceeding. Every order or decree entered in any proceeding under this
chapter shall contain a finding that the Soldiers and Sailors Civil
Relief Act of 1940 does or does not apply.
Sec. 3 RCW 13.34.040 and 2000 c 122 s 2 are each amended to read
as follows:
(1) Any person may file with the clerk of the superior court a
petition showing that there is within the county, or residing within
the county, a dependent child and requesting that the superior court
deal with such child as provided in this chapter. There shall be no
fee for filing such petitions.
(2) In counties having paid probation officers, these officers
shall, to the extent possible, first determine if a petition is
reasonably justifiable. Each petition shall be verified and contain a
statement of facts constituting a dependency, and the names and
residence, if known to the petitioner, of the parents, guardian, or
custodian of the alleged dependent child.
(3) Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the child is or may be an Indian
child as defined in 25 U.S.C. Sec. 1903. If the child is an Indian
child as defined under the Indian child welfare act, the provisions of
the act shall apply.
(4) Every order or decree entered under this chapter shall contain
a finding that the Indian child welfare act does or does not apply.
Where there is a finding that the Indian child welfare act does apply,
the decree or order must also contain a finding that all notice
requirements and evidentiary requirements under the Indian child
welfare act have been satisfied.
Sec. 4 RCW 13.34.070 and 2000 c 122 s 8 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. When 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. The party requesting the continuance shall have
the burden of proving by a preponderance of the evidence that
exceptional circumstances 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 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 or her 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 or she may
be proceeded against as for contempt of court. The order endorsed upon
the summons shall conspicuously display the following legend:
Sec. 5 RCW 13.32A.152 and 2000 c 123 s 18 are each amended to
read as follows:
(1) Whenever a child in need of services petition is filed by: (a)
A youth pursuant to RCW 13.32A.150; (b) the child or the child's parent
pursuant to RCW 13.32A.120; or (c) the department pursuant to RCW
13.32A.140, the filing party shall have a copy of the petition served
on the parents of the youth. Service shall first be attempted in
person and if unsuccessful, then by certified mail with return receipt.
(2) Whenever a child in need of services petition is filed by a
youth or parent pursuant to RCW 13.32A.150, the court shall immediately
notify the department that a petition has been filed.
(3)(a) Whenever the court or the petitioning party knows or has
reason to know that an Indian child is involved, the petitioning party
shall promptly provide notice to the child's parent or Indian custodian
and to the agent designated by the child's Indian tribe to receive such
notices. Notice shall be by certified mail with return receipt
requested. If the identity or location of the parent or Indian
custodian and the tribe cannot be determined, notice shall be given to
the secretary of the interior in the manner described in 25 C.F.R.
23.11. If the child may be a member of more than one tribe, the
petitioning party shall send notice to all tribes the petitioner has
reason to know may be affiliated with the child.
(b) The notice shall: (i) Contain a statement notifying the parent
or custodian and the tribe of the pending proceeding; and (ii) notify
the tribe of the tribe's right to intervene and/or request that the
case be transferred to tribal court.