SENATE BILL REPORT

SB 6310

BYSenators Kiskaddon and Bailey

Revising certain procedures governing dependency proceedings.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 27, 1988; February 3, 1988

Majority Report:  That Substitute Senate Bill No. 6310 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Jennifer A. Strus (786-7472)

                  February 22, 1988

AS PASSED SENATE, FEBRUARY 10, 1988

BACKGROUND:

RCW 13.34.040 provides that "any person may file" a dependency petition.  The termination statute, RCW 13.34. 180 contains no such language.  This inconsistency leaves the question of who may file a termination petition to judicial interpretation.  Consequently, this question is decided on a case-by-case basis, which creates a barrier to private agencies and guardians ad litem in their effort to establish a solid permanent plan for a child in a timely fashion.

Under RCW 13.34.080, notice by publication may be ordered only "after due diligence" in attempting personal service or service by mail.  This section creates an unnecessary delay in those cases where it is clear that personal service cannot be accomplished.

SUMMARY:

The amendment to RCW 13.34.040 allows any party to the dependency proceedings, including private agencies and guardians, to file a termination petition.

The amendment to RCW 13.34.080 allows notice by publication to proceed at the same time as personal service and service by mail, but only for good cause shown and only when there is reason to believe that personal service or service by mail will be unsuccessful.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1988

Senate Committee - Testified: Patsy Smith, Washington State Code Review Panel (for); Bailey deIongh, King County Public Defender's Office (for); Marilyn Gunther, Coalition of Concerned Citizens (against)