SSB 6416 -
By Committee on General Government Appropriations
ADOPTED 03/04/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 13.34 RCW
to read as follows:
(1) A caregiver of a dependent child may petition the juvenile
court to be heard on a decision by the department or supervising agency
to remove the child from the caregiver's home if:
(a) The child has been found to be a dependent child under this
chapter;
(b) The child was placed with the caregiver by the department or
supervising agency and resided in the caregiver's home for twelve or
more continuous months prior to the decision to remove, or the removal
of, the child;
(c) The child is in the custody of the department or supervising
agency at the time the petition to be heard is filed;
(d) The department or supervising agency has made the decision to
remove or has already removed the child from the caregiver's home; and
(e) The child is not being returned home or moved to a permanent
placement that is consistent with the child's permanency plan approved
by the court.
(2) The caregiver may file a petition under this section within not
more than ten business days after the date the caregiver receives
notice of the removal decision, or the child is removed from the
caregiver's home, whichever is later.
(3) If the requirements of subsection (1) of this section are met,
the court shall grant the petition to be heard on the sole issue of the
placement decision and shall schedule an expedited hearing on the
matter.
(4) The caregiver has the right to be represented by counsel, at
his or her own expense, at the hearing on the issue of the placement
decision.
(5) The granting of a petition to be heard under this section does
not grant the caregiver party status in the underlying dependency.
(6) The right to file a petition to be heard under this section
does not grant a caregiver the right to further review of the placement
decision on which the caregiver petitioned to be heard.
(7) For the purposes of this section, "caregiver" means a licensed
foster parent, another suitable person as described in RCW
13.34.130(1)(b), or a relative as defined in RCW 74.15.020(2)(a) who is
not the child's parent."
Correct the title.
EFFECT: Strikes the underlying bill, and establishes a right for caregivers with whom a child has been placed and resided for twelve continuous months to petition the court to be heard on the issue of changing the child's placement, except when the child is being reunified with his or her parents or being moved to a permanent placement consistent with the child's permanency plan approved by the court.