HOUSE BILL REPORT
HB 2122
BYRepresentative Hargrove
Making changes regarding dependency proceedings.
House Committe on Human Services
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (10)
Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Hargrove, Leonard, Padden, Raiter and Winsley.
Minority Report: Without recommendation. (1)
Signed by Representative Brekke.
House Staff:Jean Wessman (786-7132)
Rereferred House Committee on Appropriations
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. (25)
Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Bowman, Braddock, Brekke, Dorn, Doty, Ebersole, Hine, Inslee, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.
House Staff: Michelle Hauth (786-7384)
AS REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 3, 1990
BACKGROUND:
A child who is removed from the home because of alleged child abuse and neglect is placed into shelter care. Shelter care is defined as temporary physical care in either a licensed facility or the home of a relative, not to exceed 72 hours excluding weekends and holidays. If shelter care is extended beyond the 72 hours, a hearing may be requested by the parent(s), guardian, custodian, or child.
The juvenile court counselor assigned to the case shall make reasonable efforts to notify the parent(s), guardian, or custodian of the shelter care hearing. At the hearing the court shall appoint counsel unless the right to counsel has been waived. The court shall determine the need for continued shelter care.
The summons to a dependency fact-finding hearing is required to be served at least five days before the hearing or if mailed at least 10 days before the hearing. At any dependency proceeding, the parties to the proceeding have the right to counsel and if indigent to have one appointed by the court.
The court is required to find that reasonable efforts to eliminate or prevent an out-of-home placement have been made prior to ordering that a child be removed from the home or continued in an out-of-home placement. Regular visitation is to be encouraged while a child is in placement.
The agency shall never knowingly record inaccurate information. Parents do not have unrestricted access to all records maintained by an agency relating to a dependency action. A court order is not required to release records to other participants in the juvenile justice or care systems.
SUMMARY:
SUBSTITUTE BILL: A shelter care hearing is required within 72 hours, excluding weekends and holidays, of the time the child is placed in custody. Any waiver of the hearing must be determined by the court.
No longer than 24 hours after the child has been taken into custody or Child Protective Services (CPS) notified of the custody, CPS shall notify the parent(s), guardian, or legal custodian of the custody and of their legal rights. The notice shall be both oral and in writing, and contain specific language covering certain rights. If the whereabouts of the parent(s), guardian, or legal custodian are unknown, the notice shall be mailed to the last known address. The juvenile court counselor shall investigate the whereabouts of the parent(s), guardian, or legal custodian if unknown and either testify at the shelter care hearing or make a declaration concerning their investigation. The court shall hear evidence and make findings regarding the notification process. Hearsay evidence must be supported by sworn affidavit or declaration.
During the hearing, the court is to consider what specific services have or have not been provided to prevent or eliminate the child's removal from the home. If the court does not return the child to his or her home, it shall enter findings regarding the notification process and when the parent(s), guardian, or legal custodian was not notified, the department shall make reasonable efforts to advise them of the status of the case.
The fact-finding hearing on a petition for dependency shall be held no later than 75 days after the filing of the petition. The summons notifying the parent(s), guardian, or legal custodian of the hearing shall include the right to appointed counsel, if indigent, and how to obtain counsel. The summons shall be served no later than 15 court days before the hearing. Notice of the summons shall be published in the county in which the parent, guardian, or legal custodian is believed to reside.
Counsel shall be provided at all stages of the dependency proceeding, unless waived by the court, to any party financially unable to obtain counsel. Ability to make partial payment or to have others pay for counsel shall not be considered in providing counsel. Any order issued requiring the signature of the parent(s), guardian, or legal custodian, in all stages of the dependency shall be provided first to counsel.
A dependency order that removes the child from his or her home may be made only if the specific services that have or have not been provided to reunify the family are considered by the court.
Visitation between the child and his or her natural parent(s), guardian, or legal custodian after the child has been removed from the home shall be unsupervised, unless there is a demonstrated risk of harm to the child.
The court shall consider the specific services provided or offered to reunify the family at dependency review hearings. Any dependency order may only be changed upon a showing of a change in circumstance.
If the parent(s), guardian, or legal custodian prevails at the fact-finding hearing, they are entitled to reimbursement of all attorney's fees and costs incurred.
Notification of a termination of parental rights petition shall be given at least 15 days prior to the time of the termination hearing. The notification form and process shall be similar to the specific notification issued for the original taking into custody of the child and shelter care hearing.
Any information that is proven false or inaccurate at any of the dependency proceedings shall be removed from agency files. Confidentiality of persons or organizations reporting the allegation of abuse or neglect shall be maintained. Records may only be released upon a court order granting such release except to law enforcement.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The intent section is deleted. The requirement on the notification to provide a local contact for rescheduling the shelter care hearing is deleted. The requirement that records to which the parent(s), guardian, or legal custodian have unrestricted access be provided within 72 hours of the child being taken into custody and three days prior to the fact-finding hearing is deleted.
The requirement that the public pay for investigative services for the parent(s), guardian, or legal custodian is deleted. A set number of hours of supervised visitation is not specified. Only specific information that is false or inaccurate may be expunged from the records. Unrestricted access to all records regarding the dependency action is not allowed. Law enforcement may obtain information without a court order. The appropriation section for investigative services is deleted.
CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS (SECOND SUBSTITUTE BILL): The second substitute bill has many technical changes to clarify the parental notification requirements by CPS regarding the shelter care hearings.
In addition, coverage of this legislation is extended to include the guardian or legal custodian.
Shelter care hearings will be rescheduled if the parent(s), guardian or legal custodian gives prior notice as to why he or she was unable to attend the first hearing.
The parent(s), guardian, or legal custodian shall be provided the opportunity to review agency records to which he or she has legal access prior to the hearing.
Deletes the department's required payment of the parent's legal fees and costs if the parent(s), guardian or legal custodian prevails at a fact-finding hearing.
Visitation may be limited or denied only if the court determines it is necessary to protect the child.
The appropriation clause is deleted.
Appropriation: (Human Services Committee) Unspecified appropriation.
(Appropriations Committee) None.
Fiscal Note: Requested on Second Substitute House Bill February 1, 1990.
House Committee ‑ Testified For: (Human Services) Bailey de Iongh, Public Defender; Dianna Carlson, Pierce County Legal Aid; Wynn M. Engel, Former Accused Father; Robert Hutton, Former Accused Father; David Ridgway, Former Accused Father; Ken Williams, Attorney; John Hayden, Attorney; Ralph Everhart, Accused Parent; and Kim Everhart, Accused Parent.
(Appropriations) Representative Hargrove, prime sponsor; Steve Ross, Washington Defender Association; Dennis Ichikawa, SCRAP and Parents & Dependency; Timothy Sell, Washington Defender Association; and Lee Ann Miller, Attorney General, Department of Social & Health Services.
House Committee - Testified Against: (Human Services) Katharine Briar, Department of Social & Health Services.
(Appropriations) Lee Ann Miller, Attorney General, Department of Social & Health Services.
House Committee - Testimony For: (Human Services) Shelter care hearings should be required statewide because parents should be involved immediately when a child is removed from the home. They should be allowed to be represented by counsel right from the beginning of the dependency process. Some out-of-home placements could be avoided if parents and counsel are involved early in the process. The state does not always notify parents immediately when a child is taken into custody. If the notification process is formalized in law, the department will be more responsible in fully informing parents of what is happening to them and what are their legal rights.
If the department is wrong about the allegations and the parent is not guilty, then the state should be responsible for reimbursing the parent for legal and investigative costs. Parents should have freer access to whatever information is available regarding the reasons for the dependency petition. They should also have greater opportunity to have counsel appointed for them at the state's expense. The department should be held to greater accountability for its actions.
(Appropriations) This is primarily a notification bill. This will reduce the protracted legal proceedings of non-custodial parents. It is anticipated that this bill would enable better relations between caseworkers and clients.
DSHS has worked with the sponsor over the past year to reach agreement with the sections that would pose significant fiscal impact.
House Committee - Testimony Against: (Human Services) The bill could have a significant fiscal impact and divert funds from other areas where they could be better utilized.
(Appropriations) DSHS has not received sufficient time to review the final second substitute. At this time, DSHS has no official position of 2SHB 2122, but since it is not in the governor's supplemental budget, the department cannot support this bill.