BILL REQ. #:  H-2547.1 

READ FIRST TIME 2/28/07.   

     AN ACT Relating to termination of parental rights petitions; amending RCW 13.34.180 and 13.34.190; adding a new section to chapter 13.34 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes the importance of establishing permanency in the lives of children who have been found to be dependent. In some cases, a parent chooses to not contact his or her child, or indicates an unwillingness to care for his or her child, for years while the child is in a dependency. Though the state is able to file a termination petition on the parent, the state often chooses to wait to determine the outcome of the other parent before filing a termination petition. The state finds that it is not in the best interest of the child to delay action on a parent who has not indicated any desire to maintain contact with his or her child.
     The state should file the petition for termination to allow a court to review the case and decide the appropriate course of action. This may encourage the parent to step forward and contact the child or indicate a willingness to become involved in the child's life. This will begin the process of connecting the child to the parent possibly years sooner than would otherwise be the case. However, if the parent truly does not wish to be involved in the life of the child, the court should have the opportunity to terminate the parental rights of that parent and move the case toward permanency.

Sec. 2   RCW 13.34.180 and 2001 c 332 s 4 are each amended to read as follows:
     (1) A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (2) ((or)), (3), or (4) of this section applies:
     (a) That the child has been found to be a dependent child;
     (b) That the court has entered a dispositional order pursuant to RCW 13.34.130;
     (c) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency;
     (d) That the services ordered under RCW 13.34.136 have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided;
     (e) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:
     (i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or
     (ii) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; and
     (f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home.
     (2) In lieu of the allegations in subsection (1) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.
     (3) In lieu of the allegations in subsection (1)(d) and (e) of this section, the petition may allege the following:
     (a) Fifteen months have elapsed since the child was removed from the home;
     (b) The parent has been given the opportunity to contact the child and engage in a relationship with the child; and
     (c) The parent of the child has indicated an unwillingness to care for the child or has failed to have contact with the child.
     (4) In lieu of the allegations in subsection (1)(b) through (f) of this section, the petition may allege that the parent has been convicted of:
     (a) Murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter 9A.32 RCW against another child of the parent;
     (b) Manslaughter in the first degree or manslaughter in the second degree, as defined in chapter 9A.32 RCW against another child of the parent;
     (c) Attempting, conspiring, or soliciting another to commit one or more of the crimes listed in (a) or (b) of this subsection; or
     (d) Assault in the first or second degree, as defined in chapter 9A.36 RCW, against the surviving child or another child of the parent.
     (((4))) (5) Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:

A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.

     1. You have the right to a fact-finding hearing before a judge.

     2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: (explain local procedure) .

     3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.

     You should be present at this hearing.

     You may call (insert agency) for more information about your child. The agency's name and telephone number are (insert name and telephone number) ."

NEW SECTION.  Sec. 3   A new section is added to chapter 13.34 RCW to read as follows:
     The department shall file a petition seeking termination of a parent and child relationship if:
     (1) Fifteen months have elapsed since the child was removed from the home;
     (2) The parent of the child has indicated an unwillingness to care for the child or has failed to have contact with the child; and
     (3) The permanent plan for the child is adoption.

Sec. 4   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 allegations under RCW 13.34.180 (3) ((is)) and (4) are established beyond a reasonable doubt; and
     (2) Such an order is in the best interests of the child.