BILL REQ. #: S-2045.1
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SUBSTITUTE SENATE BILL 5510
_____________________________________________| State of Washington | 61st Legislature | 2009 Regular Session |
By Senate Human Services & Corrections (originally sponsored by Senators Stevens, Hargrove, Swecker, and Shin)READ FIRST TIME 02/25/09.
AN ACT Relating to notification in dependency matters; and
reenacting and amending RCW 13.34.062.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.34.062 and 2007 c 413 s 4 and 2007 c 409 s 5 are
each reenacted and amended to read as follows:
(1)(a) Whenever a child is taken into custody by child protective
services pursuant to a court order issued under RCW 13.34.050 or when
child protective services is notified that a child has been taken into
custody pursuant to RCW 26.44.050 or 26.44.056, child protective
services shall make reasonable efforts to inform the parent, guardian,
or legal custodian of the fact that the child has been taken into
custody, the reasons why the child was taken into custody, and their
legal rights under this title, including the right to a shelter care
hearing, as soon as possible. Notice must be provided in an
understandable manner and take into consideration the parent's,
guardian's, or legal custodian's primary language, level of education,
and cultural issues.
(b) In no event shall the notice required by this section be
provided to the parent, guardian, or legal custodian more than twenty-
four hours after the child has been taken into custody or twenty-four
hours after child protective services has been notified that the child
has been taken into custody.
(2)(a) The notice of custody and rights may be given by any means
reasonably certain of notifying the parents including, but not limited
to, written, telephone, or in person oral notification. If the initial
notification is provided by a means other than writing, child
protective services shall make reasonable efforts to also provide
written notification.
(b) The written notice of custody and rights required by this
section shall be in substantially the following form:
"NOTICE
Your child has been placed in temporary custody under the
supervision of Child Protective Services (or other person or agency).
You have important legal rights and you must take steps to protect your
interests.
1. A court hearing will be held before a judge within 72 hours of
the time your child is taken into custody excluding Saturdays, Sundays,
and holidays. You should call the court at (insert appropriate
phone number here) for specific information about the date, time,
and location of the court hearing.
2. You have the right to have a lawyer represent you at the
hearing. Your right to representation continues after the shelter care
hearing. You have the right to records the department intends to rely
upon. A lawyer can look at the files in your case, talk to child
protective 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.
4. If your hearing occurs before a court commissioner, you have the
right to have the decision of the court commissioner reviewed by a
superior court judge. To obtain that review, you must, within ten days
after the entry of the decision of the court commissioner, file with
the court a motion for revision of the decision, as provided in RCW
2.24.050.
You should be present at any shelter care hearing. If you do not
come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for more
information about your child. The caseworker's name and telephone
number are: (insert name and telephone number) .
5. You have a right to a case conference to develop a written
service agreement following the shelter care hearing. The service
agreement may not conflict with the court's order of shelter care. You
may request that a multidisciplinary team, family group conference, or
prognostic staffing be convened for your child's case. You may
participate in these processes with your counsel present.
6. If your child is placed in the custody of the department of
social and health services or other supervising agency, immediately
following the shelter care hearing, the court will enter an order
granting the department or other supervising agency the right to
inspect and copy all health, medical, mental health, and education
records of the child, directing health care providers to release such
information without your further consent, and granting the department
or supervising agency or its designee the authority and responsibility,
where applicable, to:
(1) Notify the child's school that the child is in out-of-home
placement;
(2) Enroll the child in school;
(3) Request the school transfer records;
(4) Request and authorize evaluation of special needs;
(5) Attend parent or teacher conferences;
(6) Excuse absences;
(7) Grant permission for extracurricular activities;
(8) Authorize medications which need to be administered during
school hours and sign for medical needs that arise during school hours;
and
(9) Complete or update school emergency records.
7. You should be aware that the department of social and health
services undertakes concurrent planning in dependency cases.
Concurrent planning is the pursuit of reunification of the child with
the parent at the same time an alternative permanent plan, like
adoption or guardianship, is being developed.
8. A dependency petition begins a judicial process which, if the
court finds the child dependent, could result in a permanent loss of
your parental rights if you fail to engage in the services offered to
you by the department of social and health services."
(c) Upon receipt of the written notice, the parent, guardian, or
legal custodian shall acknowledge such notice by signing a receipt
prepared by child protective services. If the parent, guardian, or
legal custodian does not sign the receipt, the reason for lack of a
signature shall be written on the receipt. The receipt shall be made
a part of the court's file in the dependency action.
(d) If after making reasonable efforts to provide notification,
child protective services is unable to determine the whereabouts of the
parents, guardian, or legal custodian, the notice shall be delivered or
sent to the last known address of the parent, guardian, or legal
custodian.
(3) If child protective services is not required to give notice
under this section, the juvenile court counselor assigned to the matter
shall make all reasonable efforts to advise the parents, guardian, or
legal custodian of the time and place of any shelter care hearing,
request that they be present, and inform them of their basic rights as
provided in RCW 13.34.090.
(4) Reasonable efforts to advise and to give notice, as required in
this section, shall include, at a minimum, investigation of the
whereabouts of the parent, guardian, or legal custodian. If such
reasonable efforts are not successful, or the parent, guardian, or
legal custodian does not appear at the shelter care hearing, the
petitioner shall testify at the hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and to
advise, the parent, guardian, or legal custodian; and
(b) Whether actual advice of rights was made, to whom it was made,
and how it was made, including the substance of any oral communication
or copies of written materials used.
(5) The new requirements added to the notice form in subsection
(2)(b) of this section must be included the first time the department
prints notice forms after the effective date of this section.
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