SSB 6730 -
By Representative Kagi
ADOPTED 03/10/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.34.096 and 2009 c 520 s 25 are each amended to
read as follows:
(1) The department or supervising agency shall provide the child's
foster parents, preadoptive parents, or other caregivers with notice of
their right to be heard prior to each proceeding held with respect to
the child in juvenile court under this chapter. The rights to notice
and to be heard apply only to persons with whom a child has been placed
by the department ((before shelter care)) or other supervising agency
and who are providing care to the child at the time of the proceeding.
This section shall not be construed to grant party status to any person
solely on the basis of such notice and right to be heard.
(2) The department or other supervising agency and the court also
shall consider, in any hearing under this chapter regarding a change in
the child's placement, written information about the child submitted by
persons who provided care to the child within twelve months preceding
the hearing and other persons who have a significant relationship with
the child.
Sec. 2 RCW 74.13.300 and 2009 c 520 s 77 are each amended to read
as follows:
(1) Whenever a child has been placed in a foster family home or in
the home of a relative caregiver or other suitable person as described
in RCW 13.34.130(1)(b) by the department or supervising agency and the
child has thereafter resided in the home for at least ninety
consecutive days, the department or supervising agency shall notify the
foster family, relative caregiver, or other suitable person at least
five days prior to moving the child to another placement, unless:
(a) A court order has been entered requiring an immediate change in
placement;
(b) The child is being returned home;
(c) The child's safety is in jeopardy; or
(d) The child is residing in a receiving home or a group home.
(2) If the child has resided in a foster family home or in the home
of a relative caregiver or other suitable person as described in RCW
13.34.130(1)(b) for less than ninety days or if, due to one or more of
the circumstances in subsection (1) of this section, it is not possible
to give five days' notification, the department or supervising agency
shall notify the foster family, relative caregiver, or suitable person
of proposed placement changes as soon as reasonably possible.
(3) This section is intended ((solely)) to assist in minimizing
disruption to the child in changing ((foster care)) placements.
Nothing in this section shall be construed to require that a court
hearing be held prior to changing a child's ((foster care)) placement
nor to create any substantive custody rights ((in the)) for foster
parents, relative caregivers, or other suitable persons with whom a
child is placed.
(4) Whenever a child has been placed with and resided in the home
of a foster family, relative caregiver, or other suitable person as
described in RCW 13.34.130(1)(b) for twelve continuous months or
longer, the notice required under this section must be in writing and
specify the reasons for changing the child's placement. The department
shall report annually to the appropriate committees of the legislature
regarding changes in placement for children who have resided for twelve
continuous months or longer with a foster family, relative caregiver,
or other suitable person, including the reasons for changing the
placements of those children. The first report is due to the
legislature not later than September 1, 2011, and a final report is due
September 1, 2015.
Sec. 3 RCW 13.34.105 and 2008 c 267 s 13 are each amended to read
as follows:
(1) Unless otherwise directed by the court, the duties of the
guardian ad litem for a child subject to a proceeding under this
chapter, including an attorney specifically appointed by the court to
serve as a guardian ad litem, include but are not limited to the
following:
(a) To investigate, collect relevant information about the child's
situation, and report to the court factual information regarding the
best interests of the child;
(b) To meet with, interview, or observe the child, depending on the
child's age and developmental status, and report to the court any views
or positions expressed by the child on issues pending before the court;
(c) To monitor all court orders for compliance and to bring to the
court's attention any change in circumstances that may require a
modification of the court's order;
(d) To report to the court information on the legal status of a
child's membership in any Indian tribe or band;
(e) Court-appointed special advocates and guardians ad litem may
make recommendations based upon an independent investigation regarding
the best interests of the child, which the court may consider and weigh
in conjunction with the recommendations of all of the parties; and
(f) To represent and be an advocate for the best interests of the
child.
(2) The guardian ad litem's duties do not include making findings
under RCW 26.44.030 regarding alleged child abuse or neglect.
(3) A guardian ad litem shall be deemed an officer of the court for
the purpose of immunity from civil liability.
(((3))) (4) Except for information or records specified in RCW
13.50.100(7), the guardian ad litem shall have access to all
information available to the state or agency on the case. Upon
presentation of the order of appointment by the guardian ad litem, any
agency, hospital, school organization, division or department of the
state, doctor, nurse, or other health care provider, psychologist,
psychiatrist, police department, or mental health clinic shall permit
the guardian ad litem to inspect and copy any records relating to the
child or children involved in the case, without the consent of the
parent or guardian of the child, or of the child if the child is under
the age of thirteen years, unless such access is otherwise specifically
prohibited by law.
(((4))) (5) A guardian ad litem may release confidential
information, records, and reports to the office of the family and
children's ombudsman for the purposes of carrying out its duties under
chapter 43.06A RCW.
(((5))) (6) The guardian ad litem shall release case information in
accordance with the provisions of RCW 13.50.100."
Correct the title.
EFFECT: The striking amendment strikes all provisions of the
underlying bill and replaces those with the following provisions:
(1) Restores a provision of law establishing rights for all
caregivers to receive notice of hearings and to be heard in all
proceedings regarding children in their care.
(2) Requires DSHS and the court to consider written information
about the child submitted by persons who have a significant
relationship with the child and persons who have provided care to the
child within the 12 months preceding a hearing on changing the child's
placement.
(3) Requires DSHS to provide relative caregivers and other suitable
persons with whom a child has been placed and resided for 90 or more
days with the same five-day prior notice as required for foster parents
when a child's placement is being changed.
(4) Requires that when a child has been placed with and resided in
the home of a foster family, relative caregiver, or other suitable
person for twelve consecutive months or longer, the notice required
must be provided in writing and must specify the reasons for changing
the child's placement.
(5) Directs DSHS to report annually beginning September 1, 2011,
through September 1, 2015, regarding placement changes for children who
have resided in the home of a foster family, relative caregiver, or
other suitable person for twelve consecutive months or longer,
including the reasons for changing the placements of those children.
(6) Clarifies the investigative duties of a GAL in dependency and
termination cases to state that the GAL will make a referral to CPS if
the child discloses abuse or neglect in the course of the GAL's
investigation.