SENATE BILL REPORT

SB 6276

BYSenators Sutherland and Bauer

Delineating examples of parental behavior that would represent a manifest danger to a child.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 31, 1990; February 2, 1990

Majority Report:  That Substitute Senate Bill No. 6276 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Lidia Mori (786-7755)

                  February 6, 1990

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 2, 1990

BACKGROUND:

After it has been proven that a child is dependent and a disposition hearing has been held, the court may either return the child home or enter an order for out-of-home placement.  The court may enter an order for out-of-home placement only if it finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from his or her home.  The court must also find that there is no parent or guardian available and willing to take custody of the child or that the child is not willing to reside in the custody of that person.  The child may also be placed in out-of-home care if a manifest danger exists such that the child will suffer serious abuse or neglect if not removed from his or her home.  There is concern that sometimes in such situations the rights of parents to their children are given more weight than the rights of children to a safe and stable home.

SUMMARY:

Manifest danger is defined to include severe cases of emotional or mental illness, mental deficiency or conduct toward any child that is abusive, cruel, or sexual in nature.  It includes situations where the parent uses liquors or controlled substances in an addictive or habitual manner and parental ability has been substantially impaired.  The definition of manifest danger also includes physical neglect of the child by the parent.

EFFECT OF PROPOSED SUBSTITUTE:

Manifest danger is defined to include mental disorder or mental deficiency of the parent of such nature and duration as to render the parent incapable of providing proper care for the child.  Manifest danger also includes abuse or neglect of the child as defined in RCW 26.44.  Use by a parent of intoxicating liquors or controlled substances to the extent that parental ability is substantially impaired falls within the definition of manifest danger.  The failure of the parent to protect the child from abuse or neglect by any person after becoming aware of it also constitutes manifest danger.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: Senator Sutherland, prime sponsor; Toni Zarelli, Court Appointed Special Advocate; Terri Sinclair; Shirley Smith; Jo Waddell, Clark County CASA program; Lee Ann Miller, Assistant AG for DSHS