SENATE BILL REPORT

ESHB 1586

BYHouse Committee on Human Services (originally sponsored by Representatives Jones, Brekke, Anderson, Crane, P. King and Rust)

Revising rules for dependency proceedings.

House Committe on Human Services

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 24, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Garrett, McDonald, Stratton.

Senate Staff:Jean Soliz (786-7755)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 25, 1988

BACKGROUND:

Children who are in need of state protection must first be found to be dependent by juvenile court order.  If there is reasonable cause to believe that abuse or neglect has occurred, law enforcement officers may remove a child from the home.

A child may remain in temporary care in the custody of the Department of Social and Health Services under a shelter order until the child is returned home or until the state seeks jurisdiction over the child by filing a dependency petition.

Although current law states that the dependency hearing must occur within 45 days of the filing of the petition, the hearings are often postponed for long periods of time.

Because of these delays children often remain in temporary situations to their detriment and parents are deprived of the right to prove that the child should be returned home. In addition, children and families are deprived of services which could assist the family to heal.

The court is required to approve a disposition plan for each child found to be dependent.  Although a disposition plan must set forth steps that families and the department must complete to improve the situation, plans are often nonspecific and monitoring is not always effective.  Children remain in temporary situations without social services for long periods of time because of these practices.

SUMMARY:

The time limit for holding a hearing on a dependency is expanded to seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found.  The party requesting a continuance has the burden of proving that exceptional circumstances exist.

Disposition plans shall be consistent with the best interests of children, and shall include a goal of achieving permanence for the child.  The service plans and parental requirements shall have time limits and court reviews of the plans shall include findings regarding completion of the requirements.

If a dependency has lasted for two years, a court is required to approve a permanent plan for the child, order that a petition for termination be filed, or dismiss the dependency.  A dependency may be continued unless the court finds, based upon clear, cogent and convincing evidence that it is in the best interest of the child to continue the dependency.

The options for a court ordered permanent plan of care are specified to include adoption, guardianship or placement in the home of the parent.  The burden of proof by which a court may continue a dependency must be made only if the court finds by a preponderance of the evidence that the child's best interests will be served by the continuance.

SUMMARY OF PROPOSED SENATE AMENDMENT:

All aspects of the plan shall include the goal of achieving permanence for the child, rather than best interests.  Language is added to require courts to schedule dependency hearings on an expedited basis in order to comply with the time limit.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1988

Senate Committee - Testified: Representative Jones, original sponsor (for)