5597 AMS DELV S2171.2

SB 5597  - S AMD216
     By Senator Delvin

NOT CONSIDERED 05/25/2011

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   A new section is added to chapter 26.33 RCW to read as follows:
     (1) When an order terminating parental rights entered under either chapter 13.34 RCW or this chapter is appealed, the department shall notify all parties to the appeal of the termination order that adoption proceedings pertaining to the child or children subject to the termination order have been initiated. The notification must occur within twenty days after the adoption proceedings have been initiated or within twenty days after the notice of appeal has been filed, whichever is later, but in all cases before the entry of a final adoption order.
     (2) When an adoption petition is filed on a child whose parent's rights have been terminated under chapter 13.34 RCW, the petitioner must notify the court hearing the adoption petition if an appeal from the order terminating parental rights has been filed. The notification must occur within twenty days after the adoption petition has been filed or within twenty days after the notice of appeal has been filed, whichever is later, but in all cases before the entry of a final adoption order.

NEW SECTION.  Sec. 2   A new section is added to chapter 26.33 RCW to read as follows:
     A court cannot enter a final order of adoption in a case in which the adoption of a child would be finalized while an appeal by the child's parent from an order terminating that parent's rights is still pending, unless it first finds that to permit the adoption to proceed while the appeal is pending is in the child's best interests."

SB 5597  - S AMD
     By Senator Delvin

NOT CONSIDERED 05/25/2011

     On page 1, line 1 of the title, after "rights;" strike the remainder of the title and insert "and adding new sections to chapter 26.33 RCW."

EFFECT:  DSHS is required to notify all parties to the parental rights termination order that is appealed, that an appeal from that order has been filed. The notification must occur within 20 days after adoption proceedings have been initiated or within 20 days after the notice of appeal has been filed, whichever is later, but in all cases before the entry of a final adoption order. The petitioner in an adoption filed after an order terminating parental rights has been entered must notify the court hearing the adoption matter if an appeal from that order has been filed.
     A court cannot enter a final order of adoption while an appeal of the child's parent's rights is pending unless the court finds that allowing the adoption to be finalized is in the child's best interests.

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