BILL REQ. #:  H-1891.1 

Read first time 02/21/2005.   Referred to Committee on Children & Family Services.

     AN ACT Relating to dependency and termination of parental rights; amending RCW 13.34.138, 13.34.145, 13.34.132, and 13.34.190; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature recognizes the importance of maintaining the family unit and the significance of the relationship between a child and a parent. However, when a parent demonstrates an inability to care for his or her child, the state must act to protect the child. The legislature finds that when a child has been removed from the care of a parent who has demonstrated his or her inability to care for the child, it is not appropriate to return the child to the parent unless there is sufficient evidence that the child will be cared for and protected. Further, the legislature finds that if the parent continues to demonstrate an inability or unwillingness to correct the deficiencies which led to the removal of the child, the child must not be placed in a situation in which he or she must live with uncertainty in his or her future. Therefore, the legislature finds that there must be limitations upon the time a parent may be given to correct his or her parental deficiencies and that a parent must not be given repeated opportunities to have the child returned home when it is at the expense of the safety and stability of the child.

Sec. 2   RCW 13.34.138 and 2003 c 227 s 5 are each amended to read as follows:
     (1) 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 initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. 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 RCW 13.34.130 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. The supervising agency shall report to the court the agency's plan to ensure the safety of the child during the six-month period of the continued court supervision.
     (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, including housing assistance, 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) If the child has been removed from the home pursuant to RCW 13.34.130 and returned home under this chapter, if the child is then subsequently removed from the home due to parental deficiencies which place the child at risk, the child shall not thereafter be returned to the home of the parent unless the court finds by clear and convincing evidence that the reasons for removal as set forth in RCW 13.34.130 no longer exist.
     (d) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
     (2) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.
     (3) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(3).

Sec. 3   RCW 13.34.145 and 2003 c 227 s 6 are each amended to read as follows:
     (1) A permanency plan shall be developed no later than sixty days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.
     (a) Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the agency that has custody of the child shall provide the court with a written permanency plan of care directed towards securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also 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; long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; a responsible living skills program; and independent living, if appropriate and if the child is age sixteen or older and the provisions of subsection (2) of this section are met.
     (b) The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.
     (c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for fifteen months. In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.
     (d) For purposes related to permanency planning:
     (i) "Guardianship" means a dependency guardianship, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws of another state or a federally recognized Indian tribe.
     (ii) "Permanent custody order" means a custody order entered pursuant to chapter 26.10 RCW.
     (iii) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another state or of a federally recognized Indian tribe.
     (2) 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, 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.
     (3) A permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least ((nine)) six months and an adoption decree, guardianship order, or permanent custody order has not previously been entered. The hearing shall take place no later than ((twelve)) six months following commencement of the current placement episode. However, if the child has been returned home to a parent and subsequently is removed due to parental deficiencies which place the child at risk, the permanency planning hearing must take place within two months of the time the child entered the current placement.
     (4) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than twelve months, as provided in subsection (3) of this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed.
     (5) No later than ten working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.
     (6) At the permanency planning hearing, the court shall enter findings as required by RCW 13.34.138 and shall review the permanency plan prepared by the agency. If the child has resided in the home of a foster parent or relative for more than six months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required in RCW 74.13.280 and 13.34.138. If a goal of long-term foster or relative care has been achieved prior to the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remain appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal. In all cases, the court shall:
     (a)(i) Order the permanency plan prepared by the agency to be implemented; or
     (ii) Modify the permanency plan, and order implementation of the modified plan; and
     (b)(i) Order the child returned home only if the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists and order the supervising agency to report to the court the agency's plan to ensure the safety of the child; or
     (ii) Order the child to remain in out-of-home care for a limited specified time period while efforts are made to implement the permanency plan.
     (7) If the court orders the child returned home, casework supervision shall continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.138, and the court shall determine the need for continued intervention. During the six- month period, the court may order continued contact with the foster parent if the court determines it is appropriate.
     (8) The juvenile court may hear a petition for permanent legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At the conclusion of the legal guardianship or permanent legal custody proceeding, a juvenile court hearing shall be held for the purpose of determining whether dependency should be dismissed. If a guardianship or permanent custody order has been entered, the dependency shall be dismissed.
     (9) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a legal guardianship or permanent legal custody when the requirements of subsection (8) of this section are met.
     (10) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.
     (11)(a) Except as provided in RCW 13.34.235, the status of all dependent children shall continue to be reviewed by the court at least once every six months, in accordance with RCW 13.34.138, until the dependency is dismissed. Prior to the second permanency planning hearing, the agency that has custody of the child shall consider whether to file a petition for termination of parental rights.
     (b) The agency that has custody of the child shall file a petition for termination proceedings if:
     (i) The child has been removed from the parent's care pursuant to RCW 13.34.130 and there have been two subsequent placements of the child with the parent which have resulted in the child being removed from the care of the parent due to parental deficiencies which place the child at risk; or
     (ii) The parents have failed to remedy the deficiencies which led to the finding of dependency under RCW 13.34.130 and at least fifteen months have elapsed since the finding of the dependency.
     (12) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a petition for termination of parental rights or a guardianship petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the agency requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.
     (13) The approval of a permanency plan that does not contemplate return of the child to the parent does not relieve the supervising agency of its obligation to provide reasonable services, under this chapter, intended to effectuate the return of the child to the parent, including but not limited to, visitation rights. The court shall consider the child's relationships with siblings in accordance with RCW 13.34.130.
     (14) Nothing in this chapter may be construed to limit the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.

Sec. 4   RCW 13.34.132 and 2000 c 122 s 16 are each amended to read as follows:
     A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:
     (1) The court has removed the child from his or her home pursuant to RCW 13.34.130;
     (2) Termination is recommended by the supervising agency;
     (3) Termination is in the best interests of the child; and
     (4) 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 interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
     (a) 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;
     (b) 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;
     (c) 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;
     (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
     (e) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;
     (f) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
     (g) 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. 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;
     (h) An infant under three years of age has been abandoned;
     (i) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020;
     (j) The failure of a parent to have any contact with his or her child for at least one year.

Sec. 5   RCW 13.34.190 and 2000 c 122 s 26 are each amended to read as follows:
     After hearings pursuant to RCW 13.34.110 or 13.34.130, the court may enter an order terminating all parental rights to a child only if the court finds that:
     (1)(a) The allegations contained in the petition as provided in RCW 13.34.180(1) are established by clear, cogent, and convincing evidence; or
     (b) The provisions of RCW 13.34.180(1) (a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180(1) (c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180(1) (c) and (d) may be waived; or
     (c) The allegation under RCW 13.34.180(2) is established beyond a reasonable doubt. In determining whether RCW 13.34.180(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.132 exist; or
     (d) The allegation under RCW 13.34.180(3) is established beyond a reasonable doubt; and
     (2) Such an order is in the best interests of the child.
     If the parent can demonstrate that he or she was unable to remedy the parental deficiencies that led to the removal of the child pursuant to RCW 13.34.130 due to extenuating circumstances beyond his or her control, the court may continue the case for six months. If the parent demonstrates that he or she has made substantial progress in remedying the parental deficiencies that place the child at risk during the six-month period, the court may dismiss the termination petition or may continue the hearing for one additional six-month period for the parent to demonstrate that the reasons for the removal of the child no longer exist.

NEW SECTION.  Sec. 6   This act may be known and cited as Sirita's law.