SENATE BILL REPORT

SB 6538

BYSenators Smith, Stratton, Vognild, Bailey, Craswell and Rasmussen

Pertaining to termination of parental rights.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 10, 1990; January 16, 1990; January 18, 1990

Majority Report:     That Substitute Senate Bill No. 6538 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

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

Senate Staff:Lidia Mori (786-7755)

                January 18, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 5, 1990; February 6, 1990

Majority Report:     That Second Substitute Senate Bill No. 6538 be substituted therefor, and the second substitute bill do pass.

     Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Hayner, Johnson, Lee, Moore, Newhouse, Niemi, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Karen Hayes (786-7711)

                February 7, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 6, 1990

BACKGROUND:

There currently exist many open cases pertaining to the termination of parental rights.  These cases remain open due to an insufficient number of attorneys general to handle the cases as well as public defenders to represent the parents. 

A review hearing is held six months after a child has been found to be dependent and a disposition order has been entered by the court.  At that time a judge can order that a petition for termination of parental rights be filed. 

There are five allegations that must be established by clear, cogent and convincing evidence before a judge will order that parental rights be terminated.  One of the allegations that must be established is that the child has been removed from the custody of the parent for at least six months.  Under current law, establishment of that allegation can be waived by the court if the other five allegations set forth in the statute are established beyond a reasonable doubt.

SUMMARY:

After the dependency of a child has been established, the court will hold a disposition hearing and can, at that time, require that a petition for termination of parental rights be filed if it is recommended by the supervising agency and is in the best interests of the child.  The court must find that aggravated circumstances exist and is provided with a list of conditions to consider in making that determination.  At the disposition hearing, the agency charged with the child's care is required to provide the court with a permanent plan of care which can include adoption, guardianship, return of the child to the home of the parents or placement in the home of a relative or in foster care with a long-term, written agreement. 

At the hearing regarding the issue of termination of parental rights, a court may waive the need to prove the allegation that reasonable services were provided to correct the parental deficiencies.  The court may waive this only if the four other allegations described in the statute are established beyond a reasonable doubt.  The court is provided with a list of conditions for which this waiver may be appropriate.

EFFECT OF PROPOSED SUBSTITUTE:

At the disposition hearing, the judge need not consider whether the child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian in determining the need for an out-of-home placement. 

Three conditions are added to the list which is provided to the court to use in considering whether to order that a petition for termination of parental rights be filed.  Those conditions focus on psychological incapacity or mental deficiency, failure to participate regularly in court-ordered treatment programs and failure to maintain visitation with the child.  This list of conditions is also used by the judge at the hearing on termination of parental rights in determining whether to waive proof that reasonable services were provided.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The appropriation of $1,539,459 is removed and the bill is contingent upon funding in the budget.

Appropriation:  none

Revenue:   none

Fiscal Note:    available

Senate Committee - Testified:   CHILDREN & FAMILY SERVICES:  James Upton, Carla Ashton, Clark County Foster Parent Association; Josef Shaffer, Clark County Foster Parent Association; Linda Holcomb, Clark County Foster Parent Association; Barrett Knudsen, Greg Holmquist, Jon Weeden, Katherine Briar, Division of Children and Family Services; LeeAnn Miller, Assistant Attorney General

Senate Committee - Testified:   WAYS & MEANS:  Katherine Briar, Division of Children and Family Services, DSHS (neutral)