H-4071              _______________________________________________

                                                   HOUSE BILL NO. 1911

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Valle and Brekke

Read first time 1/29/88 and referred to Committee on Human Services.

AN ACT Relating to dependent children; amending RCW 13.34.020; and adding a new section to chapter 13.32A RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 13.32A RCW to read as follows:

          If the juvenile court for any reason fails to act on a petition  for alternative residential placement as required by this chapter, the attorney general or any party to the action may institute proceedings to obtain a writ of mandamus pursuant to chapter 7.16 RCW to compel appropriate action from the court.

        Sec. 2.  Section 30, chapter 291, Laws of 1977 ex. sess. as amended by section 2, chapter 524, Laws of 1987 and RCW 13.34.020 are each amended to read as follows:

          The legislature declares that the family unit is a fundamental resource of American life which should be nurtured.  Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized.  When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail.

The legislature intends that a child not be declared to be dependent if the custodial parent or guardian is not abusive or neglectful and is both willing and able to provide adequate care and support for the child.  If the child is alleged to be in danger of abuse from a noncustodial parent, it is the intent of the legislature that protection be provided by domestic violence and harassment laws and not from this chapter.