BILL REQ. #:  H-1235.1 

Read first time 01/24/2007.   Referred to Committee on Early Learning & Children's Services.

     AN ACT Relating to child welfare; amending RCW 13.34.200; adding a new section to chapter 13.34 RCW; adding a new section to chapter 43.20A RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 13.34 RCW to read as follows:
     (1) A child may petition the juvenile court to reinstate the previously terminated parental rights of his or her parent under the following circumstances:
     (a) The child must have been found to be a dependent child under this chapter and be in the custody of the state;
     (b) The child must be at least twelve years of age at the time the petition to reinstate parental rights is filed;
     (c) At least three years have passed from the date of entry of an order for the termination of parental rights under RCW 13.34.190;
     (d) The child has not been adopted;
     (e) The petition is signed by the child in the absence of a showing of good cause as to why the child could not do so; and
     (f) The court has determined that reinstating the parental rights of the child's parent is in the best interest of the child after conducting the inquiry required in subsection (3) of this section.
     (2) Upon the filing of a petition to reinstate parental rights, the juvenile court shall order that a hearing be held. The court shall give prior notice, or cause prior notice to be given, to the department, the child's attorney, the child, and the child's tribe, if applicable. The court shall also order the department to give prior notice of the hearing to the child's former parent or parents whose parental rights were terminated and to any parent of the child whose parental rights were not terminated.
     (3) The juvenile court shall grant the petition if it finds the following by clear and convincing evidence:
     (a) The parental deficiencies which led to the termination of parental rights have been addressed to a degree that assures the court that the reinstatement of parental rights will not present a risk to the child's health, welfare, or safety;
     (b) The child is no longer likely to be adopted; and
     (c) That reinstatement of parental rights is in the child's best interest.
     (4) A child seeking to petition under this section shall be provided counsel.
     (5)(a) If the juvenile court grants the petition, the court may not dismiss the dependency until a period of one year has passed from the date of the reinstatement of parental rights. During this period, the child shall be placed in the custody of the parent. The department shall continue to provide transition services to the family as appropriate and shall maintain regular contact with the family. The court shall conduct a minimum of two review hearings to determine the status of the case and the well-being of the child. If the child must be removed from the parent due to abuse or neglect allegations, the court shall dismiss the petition for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.
     (b) After the child has been successfully placed with the parent for one year, the court may dismiss the dependency if the court finds that dismissal of the dependency is in the best interests of the child and will not present a risk to the child's health, welfare, or safety.

NEW SECTION.  Sec. 2   This act is retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.

Sec. 3   RCW 13.34.200 and 2003 c 227 s 7 are each amended to read as follows:
     (1) Upon the termination of parental rights pursuant to RCW 13.34.180, all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceedings concerning the child, except as provided in section 2 of this act: PROVIDED, That any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.
     (2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this chapter be deemed to affect any rights and benefits that an Indian child derives from the child's descent from a member of a federally recognized Indian tribe.
     (3) An order terminating the parent-child relationship shall include a statement addressing the status of the child's sibling relationships and the nature and extent of sibling placement, contact, or visits.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.20A RCW to read as follows:
     The state or a person, individually or in a representative capacity for the state, who is involved in the delivery of social and health services through the department of social and health services, is not liable for selecting one of two or more alternative courses of action even though the course of action chosen results in a poor outcome if the person exercised reasonable care and skill in arriving at the judgment to follow the particular course of action.

NEW SECTION.  Sec. 5   Nothing in this act may be construed to limit the application of other statutes specifying a liability standard for the state's employees and agents.