BILL REQ. #:  S-1142.2 

Read first time 02/03/09.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to foster child placements; amending RCW 13.34.060; reenacting and amending RCW 13.34.130; and adding a new section to chapter 13.34 RCW.

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

Sec. 1   RCW 13.34.060 and 2007 c 413 s 3 are each amended to read as follows:
     (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility.
     (2)(a) Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care, pending a court hearing, shall be with any person described in RCW 74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any special needs of the child and the court must find that such placement is in the best interests of the child. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the supervising agency's plan or is ordered by the court.
     (b) If a child is not initially placed with a relative or other suitable person requested by the parent pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative or other suitable person requested by the parent on the next business day after the child is taken into custody.
     (c) The supervising agency shall document its effort to place the child with a relative or other suitable person requested by the parent pursuant to this section. Nothing within this subsection (2) establishes an entitlement to services or a right to a particular placement.
     (d) If a parent requests the relative placement, there is a presumption that the placement does not hinder reunification of the child with the parent. If the parent objects to the relative placement, there is a presumption that the placement does hinder reunification of the child with the parent. The department has the burden to overcome these presumptions by a preponderance of the evidence.
     (3) When the parent requests that the child be placed with a relative, that placement may not be contingent upon the completion of a home study.
     (4) Whenever a child is taken into custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care.

Sec. 2   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 assistance, that least interfere with family autonomy and are adequate to protect the child.
     (b)(i) 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.
     (ii) Absent good cause, the department or supervising agency shall follow the wishes of the parent regarding placement of the child as provided in RCW 13.34.260.
     (iii) If the parent requests the relative placement, there is a presumption that the placement does not hinder reunification of the child with the parent. If the parent objects to a relative placement, there is a presumption that the placement does hinder reunification of the child with the parent. The department has the burden of overcoming these presumptions by a preponderance of evidence.
     (iv) If the child is not placed with a relative as requested by the parent, 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))) (A) with a relative as defined in RCW 74.15.020(2)(a), (((ii))) (B) in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW, or (((iii))) (C) 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.))
     (v) 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) When a child is placed with a relative, that placement may not be contingent upon the completion of a home study.
     (3) 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 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))) (4) 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))) (5) 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))) (6) 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))) (7) 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, and the parent agrees with the relative placement, 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.

NEW SECTION.  Sec. 3   A new section is added to chapter 13.34 RCW to read as follows:
     When the placement of a child with a relative or foster parent is currently threatened, the relative or foster parent, with written approval of the parent, has the right to be heard regarding the threatened placement. This right includes the right to be represented by counsel at his or her own expense, the right to cross-examine witnesses on the issue of placement, and the right to receive, two days prior to the hearing on the matter, all documentation filed with the court regarding the relative or foster parent, as well as copies of all information contained in the department's file regarding the child that pertains to the foster parent or relative, subject to the exceptions stated in RCW 13.50.100(7). For purposes of this section, "threatened" means the department or the supervising agency has indicated that it plans to remove the child, or already has removed the child on an alleged emergency basis, from the placement with the relative or foster parent. The rights granted in this section do not confer party status on the relative or foster parent.