ESHB 1774 -
By Committee on Human Services & Corrections
NOT ADOPTED 04/07/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.34.130 and 2010 c 288 s 1 are each 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))
that maintains the child in 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 services to assist
the parents in maintaining the child in the home, including housing
assistance, if appropriate, 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 other suitable person,
the department, or a supervising agency for supervision of the child's
placement. The court may not order an Indian child, as defined in 25
U.S.C. Sec. 1903, to be removed from his or her home unless the court
finds, by clear and convincing evidence including testimony of
qualified expert witnesses, that the continued custody of the child by
the parent or Indian custodian is likely to result in serious emotional
or physical damage to the child.
(ii) The department or supervising agency has the authority to
place the child, subject to review and approval by the court (A) with
a relative as defined in RCW 74.15.020(2)(a), (B) 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, or (C) in a foster family home or group
care facility licensed pursuant to chapter 74.15 RCW.
(iii) The department may also consider placing the child, subject
to review and approval by the court, with a person with whom the
child's sibling or half-sibling is residing or a person who has adopted
the sibling or half-sibling of the child being placed as long as the
person has completed all required criminal history background checks
and otherwise appears to the department or supervising agency to be
competent to provide care for the child.
(2) 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.
(3) 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), including a placement provided for in subsection
(1)(b)(iii) of this section, 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, the child shall be placed with a person who is willing,
appropriate, and available to care for the child, and who is: (I)
Related to the child as defined in RCW 74.15.020(2)(a) with whom the
child has a relationship and is comfortable; or (II) a suitable person
as described in ((this)) subsection (1)(b) of this section. The court
shall consider the child's existing relationships and attachments when
determining placement.
(((2))) (4) When placing an Indian child in out-of-home care, the
department or supervising agency shall follow the placement preference
characteristics in RCW 13.34.250 and in 25 U.S.C. Sec. 1915.
(((3))) (5) Placement of the child with a relative or other
suitable person as described in subsection (1)(b) of this section 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 assistance, 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.
(((4))) (6) 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.
(((5))) (7) 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.
(((6))) (8) 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.
(((7))) (9) 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 or other suitable
person, the child shall remain in foster care and the court shall
direct the department or 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 or other person 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 or other
suitable persons, pursuant to this section, shall be contingent upon
cooperation by the relative or other suitable person 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 or other suitable person's home, subject to review by the
court.
Sec. 2 RCW 13.34.215 and 2010 c 180 s 4 are each amended to read
as follows:
(1) A child may petition the juvenile court to reinstate the
previously terminated parental rights of his or her parent under the
following circumstances:
(a) The child was previously found to be a dependent child under
this chapter;
(b) The child's parent's rights were terminated in a proceeding
under this chapter;
(c)(i) The child has not achieved his or her permanency plan
((within three years of a final order of termination)); or
(ii) While the child achieved a permanency plan, it has not since
been sustained;
(d) Three years have passed since the final order of termination
was entered; and
(((d))) (e) The child must be at least twelve years old at the time
the petition is filed. Upon the child's motion for good cause shown,
or on its own motion, the court may hear a petition filed by a child
younger than twelve years old.
(2) If the child is eligible to petition the juvenile court under
subsection (1) of this section and a parent whose rights have been
previously terminated contacts the department or supervising agency or
the child's guardian ad litem regarding reinstatement, the department
or supervising agency or the guardian ad litem must notify the eligible
child about his or her right to petition for reinstatement of parental
rights.
(3) A child seeking to petition under this section shall be
provided counsel at no cost to the child.
(4) The petition must be signed by the child in the absence of a
showing of good cause as to why the child could not do so.
(5) If, after a threshold hearing to consider the parent's apparent
fitness and interest in reinstatement of parental rights, the court
finds by a preponderance of the evidence that the best interests of the
child may be served by reinstatement of parental rights, the juvenile
court shall order that a hearing on the merits of the petition be held.
(6) The court shall give prior notice for any proceeding under this
section, or cause prior notice to be given, to the department or the
supervising agency, the child's attorney, and the child. The court
shall also order the department or supervising agency to give prior
notice of any hearing to the child's former parent whose parental
rights are the subject of the petition, any parent whose rights have
not been terminated, the child's current foster parent, relative
caregiver, guardian or custodian, and the child's tribe, if applicable.
(7) The juvenile court shall conditionally grant the petition if it
finds by clear and convincing evidence that the child has not achieved
his or her permanency plan and is not likely to imminently achieve his
or her permanency plan and that reinstatement of parental rights is in
the child's best interest. In determining whether reinstatement is in
the child's best interest the court shall consider, but is not limited
to, the following:
(a) Whether the parent whose rights are to be reinstated is a fit
parent and has remedied his or her deficits as provided in the record
of the prior termination proceedings and prior termination order;
(b) The age and maturity of the child, and the ability of the child
to express his or her preference;
(c) Whether the reinstatement of parental rights will present a
risk to the child's health, welfare, or safety; and
(d) Other material changes in circumstances, if any, that may have
occurred which warrant the granting of the petition.
(8) In determining whether the child has or has not achieved his or
her permanency plan or whether the child is likely to achieve his or
her permanency plan, the department or supervising agency shall provide
the court, and the court shall review, information related to any
efforts to achieve the permanency plan including efforts to achieve
adoption or a permanent guardianship.
(9)(a) If the court conditionally grants the petition under
subsection (7) of this section, the case will be continued for six
months and a temporary order of reinstatement entered. During this
period, the child shall be placed in the custody of the parent. The
department or supervising agency shall develop a permanency plan for
the child reflecting the plan to be reunification and shall provide
transition services to the family as appropriate.
(b) If the child must be removed from the parent due to abuse or
neglect allegations prior to the expiration of the conditional six-month period, the court shall dismiss the petition for reinstatement of
parental rights if the court finds the allegations have been proven by
a preponderance of the evidence.
(c) If the child has been successfully placed with the parent for
six months, the court order reinstating parental rights remains in
effect and the court shall dismiss the dependency.
(10) After the child has been placed with the parent for six
months, the court shall hold a hearing. If the placement with the
parent has been successful, the court shall enter a final order of
reinstatement of parental rights, which shall restore all rights,
powers, privileges, immunities, duties, and obligations of the parent
as to the child, including those relating to custody, control, and
support of the child. The court shall dismiss the dependency and
direct the clerk's office to provide a certified copy of the final
order of reinstatement of parental rights to the parent at no cost.
(11) The granting of the petition under this section does not
vacate or otherwise affect the validity of the original termination
order.
(12) Any parent whose rights are reinstated under this section
shall not be liable for any child support owed to the department
pursuant to RCW 13.34.160 or Title 26 RCW or costs of other services
provided to a child for the time period from the date of termination of
parental rights to the date parental rights are reinstated.
(13) A proceeding to reinstate parental rights is a separate action
from the termination of parental rights proceeding and does not vacate
the original termination of parental rights. An order granted under
this section reinstates the parental rights to the child. This
reinstatement is a recognition that the situation of the parent and
child have changed since the time of the termination of parental rights
and reunification is now appropriate.
(14) This section is retroactive and applies to any child who is
under the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
(15) The state, the department, the supervising agency, and its
employees are not liable for civil damages resulting from any act or
omission in the provision of services under this section, unless the
act or omission constitutes gross negligence. This section does not
create any duty and shall not be construed to create a duty where none
exists. This section does not create a cause of action against the
state, the department, the supervising agency, or its employees
concerning the original termination."
ESHB 1774 -
By Committee on Human Services & Corrections
NOT ADOPTED 04/07/2011
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "dependency matters; and amending RCW 13.34.130 and 13.34.215."
EFFECT: Provides that the department or supervising agency may
consider, with court approval, the placement of a child with a person
with whom the child's sibling or half-sibling is placed or with the
adoptive parent of the child's sibling or half-sibling as long as the
person passes a criminal background check and otherwise appears
competent to care for the child.
Provides that in a reinstatement of parental rights matter, a child
may petition for reinstatement if his or her permanency plan has not
been achieved or has not been sustained and 3 years have passed since
the parental rights were terminated.