2SHB 3205 -
By Representative Jarrett
ADOPTED 02/15/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that meeting the
needs of vulnerable children who enter the child welfare system
requires a continuum of services available to meet the child's current
needs and to promote and support the child's long-term well-being.
Children who enter foster care and subsequently achieve permanency
through adoption will have ongoing developmental needs relating, in
part, to the length of time they spent in care. The legislature
intends to encourage a greater focus on children's developmental needs
by promoting closer adherence to timeliness standards in the resolution
of dependency cases and by elevating the importance of permanency for
children.
Sec. 2 RCW 13.34.136 and 2007 c 413 s 7 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.
(2) The agency supervising the dependency shall submit a written
permanency plan to all parties and the court not less than fourteen
days prior to the scheduled hearing. Responsive reports of parties not
in agreement with the supervising agency's proposed permanency plan
must be provided to the supervising agency, all other parties, and the
court at least seven days prior to the hearing.
The permanency plan shall include:
(a) A permanency plan of care that shall identify one of the
following outcomes as a primary goal and may 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; successful completion of a responsible living skills
program; or independent living, if appropriate and if the child is age
sixteen or older. 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;
(b) Unless the court has ordered, pursuant to RCW 13.34.130(((4)))
(5), that a termination petition be filed, a specific plan as to where
the child will be placed, what steps will be taken to return the child
home, what steps the agency will take to promote existing appropriate
sibling relationships and/or facilitate placement together or contact
in accordance with the best interests of each child, and what actions
the agency will take to maintain parent-child ties. All aspects of the
plan shall include the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the parents will be
offered to enable them to resume custody, what requirements the parents
must meet to resume custody, and a time limit for each service plan and
parental requirement.
(ii) Visitation is the right of the family, including the child and
the parent, in cases in which visitation is in the best interest of the
child. Early, consistent, and frequent visitation is crucial for
maintaining parent-child relationships and making it possible for
parents and children to safely reunify. The agency shall encourage the
maximum parent and child and sibling contact possible, when it is in
the best interest of the child, including regular visitation and
participation by the parents in the care of the child while the child
is in placement. Visitation shall not be limited as a sanction for a
parent's failure to comply with court orders or services where the
health, safety, or welfare of the child is not at risk as a result of
the visitation. Visitation may be limited or denied only if the court
determines that such limitation or denial is necessary to protect the
child's health, safety, or welfare. The court and the agency should
rely upon community resources, relatives, foster parents, and other
appropriate persons to provide transportation and supervision for
visitation to the extent that such resources are available, and
appropriate, and the child's safety would not be compromised.
(iii) A child shall be placed as close to the child's home as
possible, preferably in the child's own neighborhood, unless the court
finds that placement at a greater distance is necessary to promote the
child's or parents' well-being.
(iv) The plan shall state whether both in-state and, where
appropriate, out-of-state placement options have been considered by the
department.
(v) Unless it is not in the best interests of the child, whenever
practical, the plan should ensure the child remains enrolled in the
school the child was attending at the time the child entered foster
care.
(vi) The agency charged with supervising a child in placement shall
provide all reasonable services that are available within the agency,
or within the community, or those services which the department has
existing contracts to purchase. It shall report to the court if it is
unable to provide such services; and
(c) If the court has ordered, pursuant to RCW 13.34.130(((4))) (5),
that a termination petition be filed, a specific plan as to where the
child will be placed, what steps will be taken to achieve permanency
for the child, services to be offered or provided to the child, and, if
visitation would be in the best interests of the child, a
recommendation to the court regarding visitation between parent and
child pending a fact-finding hearing on the termination petition. The
agency shall not be required to develop a plan of services for the
parents or provide services to the parents if the court orders a
termination petition be filed. However, reasonable efforts to ensure
visitation and contact between siblings shall be made unless there is
reasonable cause to believe the best interests of the child or siblings
would be jeopardized.
(3) Permanency planning goals should be achieved at the earliest
possible date, ((preferably before)). If the child has been in out-of-home care for fifteen of the most recent twenty-two months, the court
shall require the filing of a petition seeking termination of parental
rights in accordance with RCW 13.34.145(2). 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.
(4) If the court determines that the continuation of reasonable
efforts to prevent or eliminate the need to remove the child from his
or her home or to safely return the child home should not be part of
the permanency plan of care for the child, reasonable efforts shall be
made to place the child in a timely manner and to complete whatever
steps are necessary to finalize the permanent placement of the child.
(5) The identified outcomes and goals of the permanency plan may
change over time based upon the circumstances of the particular case.
(6) The court shall consider the child's relationships with the
child's siblings in accordance with RCW 13.34.130(3).
(7) For purposes related to permanency planning:
(a) "Guardianship" means a dependency guardianship or a legal
guardianship pursuant to chapter 11.88 RCW or equivalent laws of
another state or a federally recognized Indian tribe.
(b) "Permanent custody order" means a custody order entered
pursuant to chapter 26.10 RCW.
(c) "Permanent legal custody" means legal custody pursuant to
chapter 26.10 RCW or equivalent laws of another state or a federally
recognized Indian tribe.
Sec. 3 RCW 13.34.145 and 2007 c 413 s 9 are each amended to read
as follows:
(1) The purpose of a permanency planning hearing is to review the
permanency plan for the child, inquire into the welfare of the child
and progress of the case, and reach decisions regarding the permanent
placement of the child.
(a) A permanency planning hearing shall be held in all cases where
the child has remained in out-of-home care for at least nine 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 months following commencement of the current placement
episode.
(b) 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 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.
(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.
(2) When a child has been in out-of-home care for fifteen of the
most recent twenty-two months, the court shall require the filing of a
petition seeking termination of parental rights. The court may make a
good cause written finding as to why filing a petition for termination
of parental rights is not appropriate at this time. Any such good
cause finding shall be reviewed at all subsequent motion and review
hearings pertaining to the child.
(3) 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.
(((3))) (4) At the permanency planning hearing, the court shall
conduct the following inquiry:
(a) 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.
(b) 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. The court shall
review the permanency plan prepared by the agency and make explicit
findings regarding each of the following:
(i) The continuing necessity for, and the safety and
appropriateness of, the placement;
(ii) The extent of compliance with the permanency plan by the
agency and any other service providers, the child's parents, the child,
and the child's guardian, if any;
(iii) The extent of any efforts to involve appropriate service
providers in addition to agency staff in planning to meet the special
needs of the child and the child's parents;
(iv) The progress toward eliminating the causes for the child's
placement outside of his or her home and toward returning the child
safely to his or her home or obtaining a permanent placement for the
child;
(v) The date by which it is likely that the child will be returned
to his or her home or placed for adoption, with a guardian or in some
other alternative permanent placement; and
(vi) If the child has been placed outside of his or her home for
fifteen of the most recent twenty-two months, not including any period
during which the child was a runaway from the out-of-home placement or
the first six months of any period during which the child was returned
to his or her home for a trial home visit, the appropriateness of the
permanency plan, whether reasonable efforts were made by the agency to
achieve the goal of the permanency plan, and the circumstances which
prevent the child from any of the following:
(A) Being returned safely to his or her home;
(B) Having a petition for the involuntary termination of parental
rights filed on behalf of the child;
(C) Being placed for adoption;
(D) Being placed with a guardian;
(E) Being placed in the home of a fit and willing relative of the
child; or
(F) Being placed in some other alternative permanent placement,
including independent living or long-term foster care.
(c)(i) If the permanency plan identifies independent living as a
goal, 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 prior to approving
independent living as a permanency plan of care.
(ii) The permanency 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.
(iii) 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.
(d) 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)), 13.34.215(5), and 13.34.096.
(((4))) (5) In all cases, at the permanency planning hearing, 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; 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.
(((5))) (6) 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.
(((6))) (7) 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.
(((7))) (8) 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.
(((8))) (9) 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))) (10) 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))) (9) of this section are met.
(((10))) (11) 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.
(((11))) (12) 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.
(((12))) (13) 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 13.34.020 and 1998 c 314 s 1 are each amended to read
as follows:
The legislature declares that the family unit is a fundamental
resource of American life which should be nurtured. Toward the
continuance of this principle, the legislature declares that the family
unit should remain intact unless a child's right to conditions of basic
nurture, health, or safety is jeopardized. When the rights of basic
nurture, physical and mental health, and safety of the child and the
legal rights of the parents are in conflict, the rights and safety of
the child should prevail. In making reasonable efforts under this
chapter, the child's health ((and)), safety, and long-term well-being
shall be the paramount concern. The right of a child to basic
nurturing includes the right to a safe, stable, and permanent home and
a speedy resolution of any proceeding under this chapter.
NEW SECTION. Sec. 5 Subject to the availability of funds
appropriated for this purpose, the department shall contract for an
information and referral services provider to support families with
children adopted out of foster care. The contract shall include
components for statewide support of families who may be seeking
adoption-specific resources and information, including referrals for
individual or family counseling, support groups, or community services;
and relevant training programs. The information and referrals must be
provided by an entity knowledgeable and experienced in adoption issues.
The contract shall specify that the service provider must serve as the
central point of contact for Washington families seeking adoption-related information and referral services. The department also shall
develop a simple process for voluntary sharing of contact information
for adoptive parents for the purpose of facilitating periodic surveys
by the contracted information and referral services provider about the
service and support needs of families who have adopted children from
foster care.
NEW SECTION. Sec. 6 (1) The definitions in this subsection apply
throughout this section unless the context clearly requires otherwise.
(a) "Adopted" means that a valid decree of adoption regarding the
child and parent was entered and remains intact in Washington or in
another jurisdiction.
(b) "Child" means any child under the age of eighteen who was found
to be dependent, placed in out-of-home care, and subsequently was
adopted from an out-of-home placement.
(c) "Licensed facility" means a facility licensed under chapter
74.15 RCW to provide residential evaluation and treatment services for
children.
(d) "Parent" means the adoptive and legal parent of a child
according to the terms of a valid decree of adoption, or the legal
guardian of an adopted child.
(e) "Voluntary placement agreement" means a written agreement
between the department and a child's parent authorizing the department
to place the child in a licensed facility for the purpose of receiving
mental health or behavioral health treatment intended to stabilize the
child's functioning and support the child's return home. Under the
terms of a voluntary placement agreement, the parent retains legal
custody of the child while the department temporarily assumes
responsibility for the child's placement and care.
(2) A parent may request and the department may agree to enter into
a voluntary placement agreement whenever the following conditions are
met:
(a) The child resides in Washington state;
(b) Less intensive and traditional family preservation services,
community resources, and/or adoption supports have been unsuccessful or
are not likely to be successful in stabilizing the child's behavior and
functioning; and
(c) The parent has no reasonable alternative to access the level of
care necessary to meet the child's needs and preserve the adoption.
(3)(a) Whenever the department assumes responsibility for the
placement and care of a child under this section, the department, in
consultation with the child, the child's parent, and a mental health
professional, shall develop a plan for the child's eventual return
home. If the plan anticipates the child will remain in out-of-home
care one hundred eighty days or longer, or if at any time it appears
the child will remain in out-of-home care longer than one hundred
eighty days, the department and the parent shall jointly seek a
judicial determination that the agreement is in the child's best
interests. If the child exits the out-of-home placement before one
hundred eighty days have elapsed, no judicial determination is
required.
(b) To obtain the judicial determination required under this
section, the department and the parent shall file a joint petition
alleging there is located or residing within the county a child who was
adopted from the foster care system whose current behavioral health or
mental health needs can not be met adequately by the child's parent,
and that as a result the child has been placed in out-of-home care
pursuant to this section. The petition shall request that the court
conduct periodic reviews of the child's placement and make a
determination whether continued placement is in the best interests of
the child. The petition shall contain the name, date of birth, and
residence of the child and the names and residences of the child's
parent or legal guardian who has consented to the voluntary placement
agreement. The department shall make reasonable attempts to ascertain
and set forth in the petition the identity, location, and custodial
status of any parent who is not a party to the placement agreement and
reasons why that parent cannot assume placement and care authority of
the child.
(c) Permanency planning for the child shall be the joint
responsibility of the department and the parent.
(4) A written agreement under this section must specify the legal
status of the child and the rights and obligations of the parent, the
child, and the department while the child is in the licensed facility.
Any party to the agreement may terminate the agreement at any time by
providing advance notice to the other party and to the child if he or
she is thirteen years of age or older. Upon termination of the
agreement, the child must be returned to the care of his or her parent
unless the child has been taken into custody pursuant to RCW 13.34.050
or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or
placed in foster care pursuant to RCW 13.34.130.
NEW SECTION. Sec. 7 A new section is added to chapter 13.34 RCW
to read as follows:
(1) The legislature finds that as a condition of the state's
receipt of federal funds for foster care under Title IV-B and Title IV-E of the social security act, all children in foster care must be
subjected to periodic court review. Unfortunately, this requirement
includes children who were adopted out of foster care and who
subsequently are temporarily returned to a foster care placement solely
because their parents have determined that the child's mental health or
behavioral health service needs require an out-of-home placement.
Except for providing such needed services, the parents of these
children are completely competent to care for the children. The
legislature intends that court review of out-of-home placements
pursuant to section 6 of this act be structured to minimize the stress
and inconvenience to families caused by complying with these federal
requirements.
(2) Upon filing of the petition required under section 6 of this
act, the clerk of the court shall schedule the petition for a hearing
to be held no later than fourteen calendar days after the petition has
been filed. The department shall provide notification of the time,
date, and purpose of the hearing to the parent or legal guardian who
has agreed to the child's placement in out-of-home care. The
department shall also make reasonable attempts to notify any parent who
is not a party to the placement agreement, if the parent's identity and
location are known. Notification under this section may be given by
the most expedient means, including but not limited to mail, personal
service, and telephone.
Sec. 8 RCW 74.13.080 and 1987 c 170 s 11 are each amended to read
as follows:
Except as provided in RCW 74.13.350 and section 6 of this act, the
department shall not make payment for any child in group care placement
unless the group home is licensed and the department has the ((custody
of)) placement and care authority for the child under a court order or
a voluntary placement agreement and the authority to remove the child
in a cooperative manner after at least seventy-two hours notice to the
child care provider; such notice may be waived in emergency situations.
However, this requirement shall not be construed to prohibit the
department from making or mandate the department to make payment for
Indian children placed in facilities licensed by federally recognized
Indian tribes pursuant to chapter 74.15 RCW.
NEW SECTION. Sec. 9 Sections 5 and 6 of this act are each added
to chapter
NEW SECTION. Sec. 10 If specific funding for the purposes of
sections 2 and 3 of this act, referencing sections 2 and 3 of this act
by bill or chapter number and section number, is not provided by June
30, 2008, in the omnibus appropriations act, sections 2 and 3 of this
act are null and void.
NEW SECTION. Sec. 11 If specific funding for the purposes of
section 5 of this act, referencing section 5 of this act by bill or
chapter number and section number, is not provided by June 30, 2008, in
the omnibus appropriations act, section 5 of this act is null and void.
NEW SECTION. Sec. 12 If specific funding for the purposes of
sections 6, 7, and 8 of this act, referencing sections 6, 7, and 8 of
this act by bill or chapter number and section number, is not provided
by June 30, 2008, in the omnibus appropriations act, sections 6, 7, and
8 of this act are null and void."
Correct the title.
EFFECT: Subject to funding, requires the Department of Social and
Health Services (DSHS) to contact for a statewide information and
referral service to provide support to families adopting children from
foster care.
Establishes a process for voluntary agreements between the DSHS and
parents who have adopted children from foster care for the temporary
placement of an adopted child in crisis in order to provide intensive
services designed to stabilize the child and preserve the adoption.
Provides for section-specific null and void clauses.