SENATE BILL REPORT

2SHB 2122

BYHouse Committee on Appropriations (originally sponsored by Representative Hargrove)

Making changes regarding dependency proceedings.

House Committe on Human Services

Rereferred House Committee on Appropriations

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1990; February 23, 1990

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  February 23, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 26, 1990

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Gaspard, Johnson, Lee, Newhouse, Niemi, Saling, Smith, Wojahn.

Senate Staff:Karen Hayes (786-7711)

                  February 27, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 26, 1990

BACKGROUND:

When children are removed from their home based on allegations of child abuse and neglect they are placed in shelter care.  If their stay in shelter care exceeds 72 hours, a judicial hearing may be requested by the parent, guardian, or child.  The court must make reasonable efforts to notify parents or guardians of the judicial hearing.

Federal law requires courts to determine whether reasonable efforts have been made to eliminate or prevent the need for out-of-home placement.  False or inaccurate information in records maintained by agencies involved in dependency actions is not routinely corrected or expunged.

Parents or guardians who are involved in allegations of child abuse or neglect often are not familiar with their legal rights in court actions involving them and their children.

SUMMARY:

A shelter care hearing is required within 72 hours of the child being placed in shelter care.  The hearing may be waived by an order of the court.  The procedures used by Child Protective Services to notify parents or guardians when their child is taken into custody following reports of child abuse or neglect are clarified.  The notice must be received within 24 hours and must be both oral and written, if possible.  Notification procedures for absent or missing parents are clarified.  Parents or legal guardians who, for good cause, cannot attend a shelter care hearing may request a subsequent shelter care hearing.

Visitation with children removed from a parent's or guardian's home will be limited or denied only if it is necessary to protect the child.  Persons summoned as part of a dependency petition must receive written notice no later than 15 court days before the hearing.

When the court determines whether reasonable efforts have been made to eliminate or prevent the need for out-of-home placement, it must specify the services that have been provided to achieve these goals.

Parents or guardians whose parental rights may be terminated are entitled to written notice prior to the termination hearing.  False or inaccurate information related to dependency proceedings must be purged from any Department of Social and Health Services files if ordered by the court.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE WAYS & MEANS AMENDMENT:

The statutory definition of indigency as it relates to the provision of legal counsel replaces language which describes the meaning of "substantial financial hardship."

The act is made contingent upon funding in the budget.

Senate Committee - Testified: LAW & JUSTICE:  Representative Hargrove, original prime sponsor (pro); Timothy Sells, Public Defender (pro); Kern Cleven, SCRAP (pro); Gladys Burns, private citizen (pro); Leigh Anne Miller, DSHS; Richard Winters, DSHS Program Manager, Children and Family Services

Senate Committee - Testified: WAYS & MEANS:  Representative Hargrove, original prime sponsor (pro); Kern Cleven, Washington Association of Criminal Defense Lawyers (pro); Leigh Anne Miller, DSHS (pro); Kathy Sullivan, DSHS (pro)