H-4017              _______________________________________________

                                                   HOUSE BILL NO. 1588

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Anderson, Winsley, Brekke, Leonard, Jacobsen, Cole, Crane and Rust

Read first time 1/20/88 and referred to Committee on Human Services.

AN ACT Relating to dependency proceedings; and amending RCW 13.34.080 and 13.34.180.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 7, chapter 160, Laws of 1913 as last amended by section 41, chapter 155, Laws of 1979 and RCW 13.34.080  are each amended to read as follows:

          In a dependency case where it appears by the petition or verified statement, that the person standing in the position of natural or legal guardian of the person of any child, is a nonresident of this state, or that the name or place of residence or whereabouts of such person is unknown, as well as in all cases where, after due diligence, the officer has been unable to make service of the summons or notice provided for in RCW 13.34.070, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his last known place of residence, the court shall direct the clerk to publish notice in a legal newspaper printed in the county, qualified to publish summons, once a week for three consecutive weeks, with the first publication of the notice to be at least twenty-five days prior to the date fixed for the hearing.  Additionally, publication may proceed simultaneously with efforts to provide personal service or service by mail for good cause shown, when there is reason to believe that personal service or service by mail will not be successful.  Such notice shall be directed to the parent, parents, or other person claiming the right to the custody of the child, if their names are known, or if unknown, the phrase "To whom it may concern" shall be used and apply to, and be binding upon, any such persons whose names are unknown.  The name of the court, the name of the child (or children if of one family), the date of the filing of the petition, the date of hearing, and the object of the proceeding in general terms shall be set forth, and the whole shall be subscribed by the clerk.  There shall be filed with the clerk an affidavit showing due publication of the notice, and the cost of publication shall be paid by the county at not to exceed the rate paid by the county for other legal notices.  The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been designated as provided in this section.

        Sec. 2.  Section 46, chapter 291, Laws of 1977 ex. sess. as last amended by section 6, chapter 524, Laws of 1987 and RCW 13.34.180 are each amended to read as follows:

          A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child.  Such petition shall conform to the requirements of RCW 13.34.040 and shall allege:

          (1) That the child has been found to be a dependent child under RCW 13.34.030(2); and

          (2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and

          (3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(2); and

           (4) That the services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; and

          (5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and

           (6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home;

          (7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.