SB 5597 -
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 -
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.