BILL REQ. #:  S-0937.1 

Read first time 01/26/09.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to notification in dependency matters; amending RCW 13.34.132; and adding a new section to chapter 13.34 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 13.34 RCW to read as follows:
     (1) The department of social and health services or other supervising agency shall provide written notice to the child's parents, before the hearing on the disposition of the dependency petition, that concurrent permanency planning in dependency matters will occur along with an explanation of what concurrent planning is. The notice must also state that the parent's failure to engage in services may have serious consequences, including the termination of his or her parental rights. The notice must also state that even if the parent who receives the notice wishes the permanency plan to be placement of the child with the other parent, it is still important for both parents to engage in services.
     (2) If, after the dependency has been established, the parent has not engaged in services for six consecutive months, the department of social and health services shall provide written notice to the parent that his or her failure to participate in services could have serious consequences including the termination of parental rights.

Sec. 2   RCW 13.34.132 and 2000 c 122 s 16 are each amended to read as follows:
     A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:
     (1) The court has removed the child from his or her home pursuant to RCW 13.34.130;
     (2) Termination is recommended by the supervising agency;
     (3) Termination is in the best interests of the child; and
     (4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
     (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
     (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
     (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
     (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
     (e) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;
     (f) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
     (g) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
     (h) An infant under three years of age has been abandoned;
     (i) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020; or
     (j) Failure of the parent to have contact with the child for fifteen consecutive months, but only if the parent was properly notified of the consequences of this failure, was provided an opportunity to have a relationship with the child after the dependency petition was filed and termination of parental rights is in the child's best interest.