| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Early Learning & Children's Services Committee | |
HB 2821
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Changing hearing procedures for reinstatement of parental rights.
Sponsors: Representatives Kagi, Dickerson and Kenney.
Brief Summary of Bill |
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Hearing Date: 1/25/08
Staff: Sydney Forrester (786-7120).
Background:
Reinstatement of Parental Rights.
The Legislature in 2007 enacted Engrossed Substitute House Bill 1624 allowing a dependent
child to petition the court to reinstate the previously terminated parental rights of his or her
parent. In order to file the petition, three years must have passed since the parental rights were
terminated, the child must not have achieved permanency, and the child must be over the age of
12 unless there is good cause to permit a child under age 12 to file the petition. The child must
be provided counsel prior to the filing of the petition.
After a petition is filed, the court must hold a threshold hearing to determine whether the parent
has an interest in reinstating parental rights and whether the parent appears fit to care for the
child. If the court finds, based on the threshold hearing, that it appears the best interests of the
child may be served by reinstatement of parental rights, the juvenile court will order a hearing on
the merits of the petition.
Standards of Proof
Criminal and civil laws typically specify a standard of proof applicable to judicial findings and/or
jury verdicts. Standards of proof serve to establish the level of certainty by which decisions
regarding a case are made. Generally, the more significant the pending issue, the higher the
standard of proof.
In the law allowing for reinstatement of parental rights, the standard of proof for the court's
findings in the hearing on the merits of the petition is clear and convincing evidence. For the
court's findings in the threshold hearing, no standard of proof was specified in the legislation
enacted in 2007.
Summary of Bill:
A preponderance of the evidence is established as the standard of proof for the court's findings in
a threshold hearing on a petition to reinstate parental rights.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.