SENATE BILL REPORT

SB 6311

BYSenators Bailey, Kiskaddon and West

Amending dependency provisions.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 27, 1988

Senate Staff:Jennifer Strus (786-7472)

AS OF JANUARY 26, 1988

BACKGROUND:

In 1987 the Legislature amended the intent language of the child abuse chapter to clarify that CPS' goal is to protect a child's right to safety.  The rights of basic nurture, mental and physical safety of a child must prevail when they conflict with the legal rights of the parents.

The Washington State Code Review Panel has recommended that the "best interests of the child" be the controlling doctrine in all dependency proceedings.  A child's presence in the dependency system presupposes a vulnerability; the family's presence in the dependency system implies a family in crisis.  Family preservation is a legitimate and compelling state interest; however, state policy should not place family preservation at the level where it puts children at risk.

SUMMARY:

The intent language of the chapters dealing with dependency, families in conflict, child abuse and child welfare services is clarified to reflect that while the family is the primary resource for a child's healthy development, if the child is at risk of mental or physical harm, the state shall intervene on the child's behalf.  The best interests of the child will prevail when there is a conflict between the rights of the parents and the best interests of the child.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1988