BILL REQ. #:  S-1334.1 

Read first time 02/10/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to interests of parents and alleged fathers under the juvenile court act; amending RCW 13.34.030; and adding a new section to chapter 13.34 RCW.

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

Sec. 1   RCW 13.34.030 and 2003 c 227 s 2 are each amended to read as follows:
     For purposes of this chapter:
     (1) "Abandoned" means when 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 responsibilities despite an ability to exercise such rights and responsibilities. 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.
     (2) "Child" and "juvenile" means any individual under the age of eighteen years.
     (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: (a) The child returns home; (b) an adoption decree, a permanent custody order, or guardianship order is entered; or (c) the dependency is dismissed, whichever occurs first.
     (4) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to this chapter for the limited purpose of assisting the court in the supervision of the dependency.
     (5) "Dependent child" means any child who:
     (a) Has been abandoned;
     (b) Is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or
     (c) 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.
     (6) "Developmental disability" means a disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or another neurological or other condition of an individual found by the secretary to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, which disability originates before the individual attains age eighteen, which has continued or can be expected to continue indefinitely, and which constitutes a substantial handicap to the individual.
     (7) "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.
     (8) "Guardian ad litem" means a person, appointed by the court to represent the best interests 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.
     (9) "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.
     (10) "Indigent" means a person who, at any stage of a court proceeding, is:
     (a) Receiving one of the following types of public assistance: Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
     (b) Involuntarily committed to a public mental health facility; or
     (c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or
     (d) Unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.
     (11) "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.
     (12) "Parent" means an individual who has established a parent-child relationship under RCW 26.26.101, unless the legal rights of that person have been terminated by a judicial proceeding pursuant to this chapter, chapter 26.33 RCW, or the equivalent laws of another state or a federally recognized Indian tribe.
     (13) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services, including housing services, capable of preventing the need for out-of-home placement while protecting the child. Housing services may include, but are not limited to, referrals to federal, state, local, or private agencies or organizations, assistance with forms and applications, or financial subsidies for housing.
     (((13))) (14) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.
     (((14))) (15) "Sibling" means a child's birth brother, birth sister, adoptive brother, adoptive sister, half-brother, or half-sister, or as defined by the law or custom of the Indian child's tribe for an Indian child as defined in 25 U.S.C. Sec. 1903(4).
     (((15))) (16) "Social study" means a written evaluation of matters relevant to the disposition of the case and shall contain the following information:
     (a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
     (b) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;
     (c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the preventive services that 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 the parents' attitude toward placement of the child;
     (d) A statement of the likely harms the child will suffer as a result of removal;
     (e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and
     (f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.

NEW SECTION.  Sec. 2   A new section is added to chapter 13.34 RCW to read as follows:
     (1) For the purposes of this section, "alleged father" means a man who alleges himself to be, or is alleged to be by the mother or another relative of a child subject to a petition filed under this chapter, the genetic father or a possible genetic father of the child, but whose parentage has not been established under RCW 26.26.101(2) or the equivalent laws of another state or a federally recognized Indian tribe.
     (2) Whenever a parent-child relationship as defined in RCW 26.26.101(2) has not been established as to another person and a child only has an alleged father, the alleged father shall receive notice of the petition and shelter care hearing in a proceeding under this chapter to the same extent as a parent. The court may provide counsel to the alleged father if he appears in the proceeding or requests that the court appoint him counsel upon a finding that the alleged father believes he is or may be the genetic father of the child and is willing to cooperate in establishing parentage and is financially unable to obtain counsel because of indigency.
     (3) The department of social and health services shall refer the alleged father to a support enforcement agency as defined in RCW 26.26.011 for a determination of parentage. The department of social and health services has no obligation to offer or provide remedial services to the alleged father, and the court may not order the department to do so, until parentage is legally established under RCW 26.26.101(2) or the equivalent laws of another state or a federally recognized Indian tribe. The department of social and health services may offer services to the alleged father on a voluntary basis while a determination of parentage is pending.
     (4) The department of social and health services has no obligation to place a child with or provide visits to the alleged father or any relatives of the alleged father, and the court may not order the department to do so, until parentage is legally established under RCW 26.26.101(2) or the equivalent laws of another state or a federally recognized Indian tribe. The department of social and health services may recommend placement of a child with or visits to the alleged father or relatives of the alleged father while a determination of parentage is pending if such a placement or visitation is in the best interests of the child.
     (5) Upon a finding that the alleged father has failed to cooperate with a referral to a support enforcement agency, the court, on its own motion or the motion of a party, may order genetic testing of the alleged father, child, or any other party to the proceeding pursuant to RCW 26.26.405. An order for genetic testing is enforceable by contempt.
     (6) If the court finds that the department of social and health services has made reasonable efforts to refer the alleged father to a support enforcement agency and the alleged father has failed to submit to genetic testing as ordered by the court within a reasonable period of time, the court may on that basis adjudicate parentage contrary to the position of the alleged father pursuant to RCW 26.26.575(2) and find that the alleged father's failure to cooperate constitutes aggravated circumstances pursuant to RCW 13.34.132.