BILL REQ. #: S-1795.1
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/23/09.
AN ACT Relating to housing services and assistance in dependency and termination matters; amending RCW 13.34.030 and 13.34.065; and reenacting and amending RCW 13.34.130 and 13.34.138.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.34.030 and 2003 c 227 s 2 are each amended to read
as follows:
For purposes of this chapter:
(1) "Abandoned" means when the child's parent, guardian, or other
custodian has expressed, either by statement or conduct, an intent to
forego, for an extended period, parental rights or responsibilities
despite an ability to exercise such rights and responsibilities. If
the court finds that the petitioner has exercised due diligence in
attempting to locate the parent, no contact between the child and the
child's parent, guardian, or other custodian for a period of three
months creates a rebuttable presumption of abandonment, even if there
is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under the age of
eighteen years.
(3) "Current placement episode" means the period of time that
begins with the most recent date that the child was removed from the
home of the parent, guardian, or legal custodian for purposes of
placement in out-of-home care and continues until: (a) The child
returns home; (b) an adoption decree, a permanent custody order, or
guardianship order is entered; or (c) the dependency is dismissed,
whichever occurs first.
(4) "Dependency guardian" means the person, nonprofit corporation,
or Indian tribe appointed by the court pursuant to this chapter for the
limited purpose of assisting the court in the supervision of the
dependency.
(5) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44 RCW by a
person legally responsible for the care of the child; or
(c) Has no parent, guardian, or custodian capable of adequately
caring for the child, such that the child is in circumstances which
constitute a danger of substantial damage to the child's psychological
or physical development.
(6) "Developmental disability" means a disability attributable to
mental retardation, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the secretary
to be closely related to mental retardation or to require treatment
similar to that required for individuals with mental retardation, which
disability originates before the individual attains age eighteen, which
has continued or can be expected to continue indefinitely, and which
constitutes a substantial handicap to the individual.
(7) "Guardian" means the person or agency that: (a) Has been
appointed as the guardian of a child in a legal proceeding other than
a proceeding under this chapter; and (b) has the legal right to custody
of the child pursuant to such appointment. The term "guardian" shall
not include a "dependency guardian" appointed pursuant to a proceeding
under this chapter.
(8) "Guardian ad litem" means a person, appointed by the court to
represent the best interests of a child in a proceeding under this
chapter, or in any matter which may be consolidated with a proceeding
under this chapter. A "court-appointed special advocate" appointed by
the court to be the guardian ad litem for the child, or to perform
substantially the same duties and functions as a guardian ad litem,
shall be deemed to be guardian ad litem for all purposes and uses of
this chapter.
(9) "Guardian ad litem program" means a court-authorized volunteer
program, which is or may be established by the superior court of the
county in which such proceeding is filed, to manage all aspects of
volunteer guardian ad litem representation for children alleged or
found to be dependent. Such management shall include but is not
limited to: Recruitment, screening, training, supervision, assignment,
and discharge of volunteers.
(10) "Housing services or assistance" means at least effective
referrals to federal, state, local, or private agencies or
organizations, assistance with forms, or financial subsidies or other
monetary assistance for housing.
(11) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public assistance:
Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits
transferred electronically, refugee resettlement benefits, medicaid, or
supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter
before the court because his or her available funds are insufficient to
pay any amount for the retention of counsel.
(((11))) (12) "Out-of-home care" means placement in a foster family
home or group care facility licensed pursuant to chapter 74.15 RCW or
placement in a home, other than that of the child's parent, guardian,
or legal custodian, not required to be licensed pursuant to chapter
74.15 RCW.
(((12))) (13) "Preventive services" means preservation services, as
defined in chapter 74.14C RCW, and other reasonably available services,
including housing services or assistance, capable of preventing the
need for out-of-home placement while protecting the child. ((Housing
services may include, but are not limited to, referrals to federal,
state, local, or private agencies or organizations, assistance with
forms and applications, or financial subsidies for housing.)) (14) "Shelter care" means temporary physical care in a
facility licensed pursuant to RCW 74.15.030 or in a home not required
to be licensed pursuant to RCW 74.15.030.
(13)
(((14))) (15) "Sibling" means a child's birth brother, birth
sister, adoptive brother, adoptive sister, half-brother, or half-sister, or as defined by the law or custom of the Indian child's tribe
for an Indian child as defined in 25 U.S.C. Sec. 1903(4).
(((15))) (16) "Social study" means a written evaluation of matters
relevant to the disposition of the case and shall contain the following
information:
(a) A statement of the specific harm or harms to the child that
intervention is designed to alleviate;
(b) A description of the specific services and activities, for both
the parents and child, that are needed in order to prevent serious harm
to the child; the reasons why such services and activities are likely
to be useful; the availability of any proposed services; and the
agency's overall plan for ensuring that the services will be delivered.
The description shall identify the services chosen and approved by the
parent;
(c) If removal is recommended, a full description of the reasons
why the child cannot be protected adequately in the home, including a
description of any previous efforts to work with the parents and the
child in the home; the in-home treatment programs that have been
considered and rejected; the preventive services, including housing
services and assistance, that have been offered or provided and have
failed to prevent the need for out-of-home placement, unless the
health, safety, and welfare of the child cannot be protected adequately
in the home; and the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a
result of removal;
(e) A description of the steps that will be taken to minimize the
harm to the child that may result if separation occurs including an
assessment of the child's relationship and emotional bond with any
siblings, and the agency's plan to provide ongoing contact between the
child and the child's siblings if appropriate; and
(f) Behavior that will be expected before determination that
supervision of the family or placement is no longer necessary.
Sec. 2 RCW 13.34.065 and 2008 c 267 s 2 are each amended to read
as follows:
(1)(a) When a child is taken into custody, the court shall hold a
shelter care hearing within seventy-two hours, excluding Saturdays,
Sundays, and holidays. The primary purpose of the shelter care hearing
is to determine whether the child can be immediately and safely
returned home while the adjudication of the dependency is pending.
(b) Any parent, guardian, or legal custodian who for good cause is
unable to attend the shelter care hearing may request that a subsequent
shelter care hearing be scheduled. The request shall be made to the
clerk of the court where the petition is filed prior to the initial
shelter care hearing. Upon the request of the parent, the court shall
schedule the hearing within seventy-two hours of the request, excluding
Saturdays, Sundays, and holidays. The clerk shall notify all other
parties of the hearing by any reasonable means.
(2)(a) The department of social and health services shall submit a
recommendation to the court as to the further need for shelter care in
all cases in which it is the petitioner. In all other cases, the
recommendation shall be submitted by the juvenile court probation
counselor.
(b) All parties have the right to present testimony to the court
regarding the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of
need for shelter care must be supported by sworn testimony, affidavit,
or declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify
the parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter
care hearing;
(ii) The nature of the shelter care hearing, the rights of the
parents, and the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by
counsel, the right to be represented. If the parent, guardian, or
custodian is indigent, the court shall appoint counsel as provided in
RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the
shelter care hearing, the court shall determine, on the record and with
the parties present, whether such waiver is knowing and voluntary. A
parent may not waive his or her right to the shelter care hearing
unless he or she appears in court and the court determines that the
waiver is knowing and voluntary. Regardless of whether the court
accepts the parental waiver of the shelter care hearing, the court must
provide notice to the parents of their rights required under (a) of
this subsection and make the finding required under subsection (4) of
this section.
(4) At the shelter care hearing the court shall examine the need
for shelter care and inquire into the status of the case. The
paramount consideration for the court shall be the health, welfare, and
safety of the child. At a minimum, the court shall inquire into the
following:
(a) Whether the notice required under RCW 13.34.062 was given to
all known parents, guardians, or legal custodians of the child. The
court shall make an express finding as to whether the notice required
under RCW 13.34.062 was given to the parent, guardian, or legal
custodian. If actual notice was not given to the parent, guardian, or
legal custodian and the whereabouts of such person is known or can be
ascertained, the court shall order the supervising agency or the
department of social and health services to make reasonable efforts to
advise the parent, guardian, or legal custodian of the status of the
case, including the date and time of any subsequent hearings, and their
rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the
adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative;
(d) What services, including housing services or assistance if
appropriate, were provided to the family to prevent or eliminate the
need for removal of the child from the child's home;
(e) Is the placement proposed by the agency the least disruptive
and most family-like setting that meets the needs of the child;
(f) Whether it is in the best interest of the child to remain
enrolled in the school, developmental program, or child care the child
was in prior to placement and what efforts have been made to maintain
the child in the school, program, or child care if it would be in the
best interest of the child to remain in the same school, program, or
child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in 25
U.S.C. Sec. 1903, whether the provisions of the Indian child welfare
act apply, and whether there is compliance with the Indian child
welfare act, including notice to the child's tribe;
(i) Whether, as provided in RCW 26.44.063, restraining orders, or
orders expelling an allegedly abusive household member from the home of
a nonabusive parent, guardian, or legal custodian, will allow the child
to safely remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate
services are needed. The court may not order a parent to undergo
examinations, evaluation, or services at the shelter care hearing
unless the parent agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family
visitation.
(5)(a) The court shall release a child alleged to be dependent to
the care, custody, and control of the child's parent, guardian, or
legal custodian unless the court finds there is reasonable cause to
believe that:
(i) After consideration of the specific services that have been
provided, reasonable efforts have been made to prevent or eliminate the
need for removal of the child from the child's home and to make it
possible for the child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to
provide supervision and care for such child; or
(B) The release of such child would present a serious threat of
substantial harm to such child, notwithstanding an order entered
pursuant to RCW 26.44.063; or
(C) The parent, guardian, or custodian to whom the child could be
released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court does not release the child to his or her parent,
guardian, or legal custodian, the court shall order placement with a
relative, unless there is reasonable cause to believe the health,
safety, or welfare of the child would be jeopardized or that the
efforts to reunite the parent and child will be hindered. The relative
must be willing and available to:
(i) Care for the child and be able to meet any special needs of the
child;
(ii) Facilitate the child's visitation with siblings, if such
visitation is part of the supervising agency's plan or is ordered by
the court; and
(iii) Cooperate with the department in providing necessary
background checks and home studies.
(c) If the child was not initially placed with a relative, and the
court does not release the child to his or her parent, guardian, or
legal custodian, the supervising agency shall make reasonable efforts
to locate a relative pursuant to RCW 13.34.060(1).
(d) If a relative is not available, the court shall order continued
shelter care or order placement with another suitable person, and the
court shall set forth its reasons for the order. If the court orders
placement of the child with a person not related to the child and not
licensed to provide foster care, the placement is subject to all terms
and conditions of this section that apply to relative placements.
(e) Any placement with a relative, or other person approved by the
court pursuant to this section, shall be contingent upon cooperation
with the agency case plan and compliance with court orders related to
the care and supervision of the child including, but not limited to,
court orders regarding parent-child contacts, sibling contacts, and any
other conditions imposed by the court. Noncompliance with the case
plan or court order is grounds for removal of the child from the home
of the relative or other person, subject to review by the court.
(f) Uncertainty by a parent, guardian, legal custodian, relative,
or other suitable person that the alleged abuser has in fact abused the
child shall not, alone, be the basis upon which a child is removed from
the care of a parent, guardian, or legal custodian under (a) of this
subsection, nor shall it be a basis, alone, to preclude placement with
a relative under (b) of this subsection or with another suitable person
under (d) of this subsection.
(6)(a) A shelter care order issued pursuant to this section shall
include the requirement for a case conference as provided in RCW
13.34.067. However, if the parent is not present at the shelter care
hearing, or does not agree to the case conference, the court shall not
include the requirement for the case conference in the shelter care
order.
(b) If the court orders a case conference, the shelter care order
shall include notice to all parties and establish the date, time, and
location of the case conference which shall be no later than thirty
days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or
hearing as an alternative to the case conference required under RCW
13.34.067 so long as the conference, case staffing, or hearing ordered
by the court meets all requirements under RCW 13.34.067, including the
requirement of a written agreement specifying the services to be
provided to the parent.
(7)(a) A shelter care order issued pursuant to this section may be
amended at any time with notice and hearing thereon. The shelter care
decision of placement shall be modified only upon a showing of change
in circumstances. No child may be placed in shelter care for longer
than thirty days without an order, signed by the judge, authorizing
continued shelter care.
(b)(i) An order releasing the child on any conditions specified in
this section may at any time be amended, with notice and hearing
thereon, so as to return the child to shelter care for failure of the
parties to conform to the conditions originally imposed.
(ii) The court shall consider whether nonconformance with any
conditions resulted from circumstances beyond the control of the
parent, guardian, or legal custodian and give weight to that fact
before ordering return of the child to shelter care.
(8)(a) If a child is returned home from shelter care a second time
in the case, or if the supervisor of the caseworker deems it necessary,
the multidisciplinary team may be reconvened.
(b) If a child is returned home from shelter care a second time in
the case a law enforcement officer must be present and file a report to
the department.
Sec. 3 RCW 13.34.130 and 2007 c 413 s 6 and 2007 c 412 s 2 are
each reenacted and amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has
been proven by a preponderance of the evidence that the child is
dependent within the meaning of RCW 13.34.030 after consideration of
the social study prepared pursuant to RCW 13.34.110 and after a
disposition hearing has been held pursuant to RCW 13.34.110, the court
shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the
case:
(a) Order a disposition other than removal of the child from his or
her home, which shall provide a program designed to alleviate the
immediate danger to the child, to mitigate or cure any damage the child
has already suffered, and to aid the parents so that the child will not
be endangered in the future. In determining the disposition, the court
should choose those services, including housing services and
assistance, that least interfere with family autonomy and are adequate
to protect the child.
(b) Order the child to be removed from his or her home and into the
custody, control, and care of a relative or the department or a
licensed child placing agency for supervision of the child's placement.
The department or agency supervising the child's placement has the
authority to place the child, subject to review and approval by the
court (i) with a relative as defined in RCW 74.15.020(2)(a), (ii) in a
foster family home or group care facility licensed pursuant to chapter
74.15 RCW, or (iii) in the home of another suitable person if the child
or family has a preexisting relationship with that person, and the
person has completed all required criminal history background checks
and otherwise appears to the department or supervising agency to be
suitable and competent to provide care for the child. Absent good
cause, the department or supervising agency shall follow the wishes of
the natural parent regarding the placement of the child in accordance
with RCW 13.34.260. The department or supervising agency may only
place a child with a person not related to the child as defined in RCW
74.15.020(2)(a) when the court finds that such placement is in the best
interest of the child. Unless there is reasonable cause to believe
that the health, safety, or welfare of the child would be jeopardized
or that efforts to reunite the parent and child will be hindered, such
child shall be placed with a person who is: (A) Related to the child
as defined in RCW 74.15.020(2)(a) with whom the child has a
relationship and is comfortable; and (B) willing and available to care
for the child.
(2) Placement of the child with a relative under this subsection
shall be given preference by the court. An order for out-of-home
placement may be made only if the court finds that reasonable efforts
have been made to prevent or eliminate the need for removal of the
child from the child's home and to make it possible for the child to
return home, specifying the services, including housing services and
assistance if appropriate, that have been provided to the child and the
child's parent, guardian, or legal custodian, and that preventive
services have been offered or provided and have failed to prevent the
need for out-of-home placement, unless the health, safety, and welfare
of the child cannot be protected adequately in the home, and that:
(a) There is no parent or guardian available to care for such
child;
(b) The parent, guardian, or legal custodian is not willing to take
custody of the child; or
(c) The court finds, by clear, cogent, and convincing evidence, a
manifest danger exists that the child will suffer serious abuse or
neglect if the child is not removed from the home and an order under
RCW 26.44.063 would not protect the child from danger.
(3) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section, the court shall consider
whether it is in a child's best interest to be placed with, have
contact with, or have visits with siblings.
(a) There shall be a presumption that such placement, contact, or
visits are in the best interests of the child provided that:
(i) The court has jurisdiction over all siblings subject to the
order of placement, contact, or visitation pursuant to petitions filed
under this chapter or the parents of a child for whom there is no
jurisdiction are willing to agree; and
(ii) There is no reasonable cause to believe that the health,
safety, or welfare of any child subject to the order of placement,
contact, or visitation would be jeopardized or that efforts to reunite
the parent and child would be hindered by such placement, contact, or
visitation. In no event shall parental visitation time be reduced in
order to provide sibling visitation.
(b) The court may also order placement, contact, or visitation of
a child with a step-brother or step-sister provided that in addition to
the factors in (a) of this subsection, the child has a relationship and
is comfortable with the step-sibling.
(4) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section and placed into
nonparental or nonrelative care, the court shall order a placement that
allows the child to remain in the same school he or she attended prior
to the initiation of the dependency proceeding when such a placement is
practical and in the child's best interest.
(5) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section, the court may order that
a petition seeking termination of the parent and child relationship be
filed if the requirements of RCW 13.34.132 are met.
(6) If there is insufficient information at the time of the
disposition hearing upon which to base a determination regarding the
suitability of a proposed placement with a relative, the child shall
remain in foster care and the court shall direct the supervising agency
to conduct necessary background investigations as provided in chapter
74.15 RCW and report the results of such investigation to the court
within thirty days. However, if such relative appears otherwise
suitable and competent to provide care and treatment, the criminal
history background check need not be completed before placement, but as
soon as possible after placement. Any placements with relatives,
pursuant to this section, shall be contingent upon cooperation by the
relative with the agency case plan and compliance with court orders
related to the care and supervision of the child including, but not
limited to, court orders regarding parent-child contacts, sibling
contacts, and any other conditions imposed by the court. Noncompliance
with the case plan or court order shall be grounds for removal of the
child from the relative's home, subject to review by the court.
Sec. 4 RCW 13.34.138 and 2007 c 413 s 8 and 2007 c 410 s 1 are
each reenacted and amended to read as follows:
(1) Except for children whose cases are reviewed by a citizen
review board under chapter 13.70 RCW, the status of all children found
to be dependent shall be reviewed by the court at least every six
months from the beginning date of the placement episode or the date
dependency is established, whichever is first. The purpose of the
hearing shall be to review the progress of the parties and determine
whether court supervision should continue.
(a) The initial review hearing shall be an in-court review and
shall be set six months from the beginning date of the placement
episode or no more than ninety days from the entry of the disposition
order, whichever comes first. The requirements for the initial review
hearing, including the in-court review requirement, shall be
accomplished within existing resources.
(b) The initial review hearing may be a permanency planning hearing
when necessary to meet the time frames set forth in RCW 13.34.145
(1)(a) or 13.34.134.
(2)(a) A child shall not be returned home at the review hearing
unless the court finds that a reason for removal as set forth in RCW
13.34.130 no longer exists. The parents, guardian, or legal custodian
shall report to the court the efforts they have made to correct the
conditions which led to removal. If a child is returned, casework
supervision shall continue for a period of six months, at which time
there shall be a hearing on the need for continued intervention.
(b) Prior to the child returning home, the department must complete
the following:
(i) Identify all adults residing in the home and conduct background
checks on those persons;
(ii) Identify any persons who may act as a caregiver for the child
in addition to the parent with whom the child is being placed and
determine whether such persons are in need of any services in order to
ensure the safety of the child, regardless of whether such persons are
a party to the dependency. The department or supervising agency may
recommend to the court and the court may order that placement of the
child in the parent's home be contingent on or delayed based on the
need for such persons to engage in or complete services to ensure the
safety of the child prior to placement. If services are recommended
for the caregiver, and the caregiver fails to engage in or follow
through with the recommended services, the department or supervising
agency must promptly notify the court; and
(iii) Notify the parent with whom the child is being placed that he
or she has an ongoing duty to notify the department or supervising
agency of all persons who reside in the home or who may act as a
caregiver for the child both prior to the placement of the child in the
home and subsequent to the placement of the child in the home as long
as the court retains jurisdiction of the dependency proceeding or the
department is providing or monitoring either remedial services to the
parent or services to ensure the safety of the child to any caregivers.
Caregivers may be required to engage in services under this
subsection solely for the purpose of ensuring the present and future
safety of a child who is a ward of the court. This subsection does not
grant party status to any individual not already a party to the
dependency proceeding, create an entitlement to services or a duty on
the part of the department or supervising agency to provide services,
or create judicial authority to order the provision of services to any
person other than for the express purposes of this section or RCW
13.34.025 or if the services are unavailable or unsuitable or the
person is not eligible for such services.
(c) If the child is not returned home, the court shall establish in
writing:
(i) Whether the agency is making reasonable efforts to provide
services to the family and eliminate the need for placement of the
child. If additional services, including housing services and
assistance, are needed to facilitate the return of the child to the
child's parents, the court shall order that reasonable services be
offered specifying such services;
(ii) Whether there has been compliance with the case plan by the
child, the child's parents, and the agency supervising the placement;
(iii) Whether progress has been made toward correcting the problems
that necessitated the child's placement in out-of-home care;
(iv) Whether the services set forth in the case plan and the
responsibilities of the parties need to be clarified or modified due to
the availability of additional information or changed circumstances;
(v) Whether there is a continuing need for placement;
(vi) Whether the child is in an appropriate placement which
adequately meets all physical, emotional, and educational needs;
(vii) Whether preference has been given to placement with the
child's relatives;
(viii) Whether both in-state and, where appropriate, out-of-state
placements have been considered;
(ix) Whether the parents have visited the child and any reasons why
visitation has not occurred or has been infrequent;
(x) Whether terms of visitation need to be modified;
(xi) Whether the court-approved long-term permanent plan for the
child remains the best plan for the child;
(xii) Whether any additional court orders need to be made to move
the case toward permanency; and
(xiii) The projected date by which the child will be returned home
or other permanent plan of care will be implemented.
(d) The court at the review hearing may order that a petition
seeking termination of the parent and child relationship be filed.
(3)(a) In any case in which the court orders that a dependent child
may be returned to or remain in the child's home, the in-home placement
shall be contingent upon the following:
(i) The compliance of the parents with court orders related to the
care and supervision of the child, including compliance with an agency
case plan; and
(ii) The continued participation of the parents, if applicable, in
available substance abuse or mental health treatment if substance abuse
or mental illness was a contributing factor to the removal of the
child.
(b) The following may be grounds for removal of the child from the
home, subject to review by the court:
(i) Noncompliance by the parents with the agency case plan or court
order;
(ii) The parent's inability, unwillingness, or failure to
participate in available services or treatment for themselves or the
child, including substance abuse treatment if a parent's substance
abuse was a contributing factor to the abuse or neglect; or
(iii) The failure of the parents to successfully and substantially
complete available services or treatment for themselves or the child,
including substance abuse treatment if a parent's substance abuse was
a contributing factor to the abuse or neglect.
(c) In a pending dependency case in which the court orders that a
dependent child may be returned home and that child is later removed
from the home, the court shall hold a review hearing within thirty days
from the date of removal to determine whether the permanency plan
should be changed, a termination petition should be filed, or other
action is warranted. The best interests of the child shall be the
court's primary consideration in the review hearing.
(4) The court's ability to order housing services and assistance
under ((RCW 13.34.130 and this section)) this chapter is: (a) Limited
to cases in which homelessness or the lack of adequate and safe housing
is the primary reason for an out-of-home placement; and (b) subject to
the availability of funds appropriated for this specific purpose. For
purposes of this section, "homelessness or the lack of adequate and
safe housing" constitutes the primary reason for out-of-home placement
when the provision of housing services or assistance would likely
prevent the need for out-of-home placement or shorten the length of
stay in out-of-home placement. Nothing in this section shall be
construed to create an entitlement to housing assistance and services,
nor create judicial authority to order the provision of services to any
person or family if the services or funding are unavailable or the
child or family is not eligible for such services.
(5) The court shall consider the child's relationship with siblings
in accordance with RCW 13.34.130(3).