H-1693              _______________________________________________

                                                   HOUSE BILL NO. 2199

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Moyer, Leonard, Raiter, Wolfe, Bristow, Rasmussen and Winsley

Read first time 3/2/89 and referred to Committee on Human Services.

AN ACT Relating to termination of parental rights in adoption; and amending RCW 26.33.120.

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

        Sec. 1.  Section 12, chapter 155, Laws of 1984 as amended by section 6, chapter 170, Laws of 1987 and RCW 26.33.120 are each amended to read as follows:

          (1) Except in the case of an Indian child and his or her parent, the parent-child relationship of a parent may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and:

(a) That the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child; or

(b) That the parent is not capable of adequately caring for the child such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

          (2) Except in the case of an Indian child and his or her alleged father, the parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that:

          (a) The alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations and is withholding consent to adoption contrary to the best interest of the child; ((or))

          (b) He is not the father; or

(c) He is not capable of adequately caring for the child such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

          (3) The parent-child relationship of a parent or an alleged father may be terminated if the parent or alleged father fails to appear after being notified of the hearing in the manner prescribed by RCW 26.33.310.

          (4) The parent-child relationship of an Indian child and his or her parent or alleged father where paternity has been claimed or established, may be terminated only pursuant to the standards set forth in 25 U.S.C. Sec. 1912(f).