SECOND SUBSTITUTE HOUSE BILL NO. 2122
AS AMENDED BY FREE CONFERENCE COMMITTEE
C 246 L 90
State of Washington 51st Legislature 1989 Regular Session
By House Committee on Appropriations (originally sponsored by Representative Hargrove)
Read first time 2/6/90.
AN ACT Relating to dependency proceedings and termination of parental rights; and amending RCW 13.34.060, 13.34.070, 13.34.080, 13.34.090, 13.34.130, 13.34.150, 13.34.180, 13.50.010, 13.50.100, and 26.44.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 524, Laws of 1987 and RCW 13.34.060 are each amended to read as follows:
(1) A child
taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately
placed in shelter care. A child taken by a relative of the child in violation
of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when
permitted under RCW 13.34.055. "Shelter care" means temporary
physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not
required to be licensed pursuant to that section. Whenever a child is taken
into such custody pursuant to this section, the supervising agency may
authorize evaluations of the child's physical or emotional condition, routine
medical and dental examination and care, and all necessary emergency care.
In no case may a child who is taken into custody pursuant to RCW 13.34.055,
13.34.050, or 26.44.050 be detained in a secure detention facility. No child
may be held longer than seventy-two hours, excluding Saturdays, Sundays and
holidays, after such child is taken into custody unless a court order has been
entered for continued shelter care. The child and his or her parent, guardian,
or custodian shall be informed that they have a right to a shelter care
hearing. The court shall hold a shelter care hearing ((
if one is requested))
within seventy-two hours after the child is taken into custody, excluding
Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian
desires to waive the shelter care hearing, the court shall determine, on the
record and with the parties present, that such waiver is knowing and voluntary.
(2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event longer than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.
The written notice of custody and rights shall be in substantially the following form:
Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.
1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody. You should call the court at...(insert appropriate phone number here)... for specific information about the date, time, and location of the court hearing.
2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: !sc.,3(explain local procedure)!sc.,3.
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
You should be present at this hearing. If you do not come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are: !sc.,3(insert name and telephone number)!sc.,3"
Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.
If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.
(3) If child protective services is not required to give notice under subsection (2) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.
(4) Reasonable efforts to advise and to give notice, as required in
subsections (2) and (3) of this section, shall include, at a minimum,
investigation of the whereabouts of the parent, guardian, or legal custodian.
If such reasonable efforts are not successful, or the parent, guardian, or
legal custodian does not appear at the shelter care hearing, the juvenile court
counselor or caseworker shall testify at the hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and
(b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.
(5) At the commencement of the shelter care hearing the court shall advise the parties of their basic rights as provided in RCW 13.34.090 and shall appoint counsel pursuant to RCW 13.34.090 if counsel has not been retained by the parent or guardian and if the parent or guardian is indigent, unless the court finds that the right to counsel has been expressly and voluntarily waived in court.
(6) The court shall hear evidence regarding notice given to, and
efforts to notify, the parent, guardian, or legal custodian and shall
examine the need for shelter care. The court shall make an express finding
as to whether the notice required under subsections (2) and (3) of this section
was given to the parent, guardian, or legal custodian. All parties have
the right to present testimony to the court regarding the need or lack of need
for shelter care. Hearsay evidence before the court regarding the need or
lack of need for shelter care must be supported by sworn testimony, affidavit,
or declaration of the person offering such evidence.
(7) The juvenile court probation counselor shall submit a recommendation
to the court as to the further need for shelter care, except that such
recommendation shall be submitted by the department of social and health
services in cases where the petition alleging dependency has been filed by the
department of social and health services, unless otherwise ordered by the
(8) The court shall release a child alleged to be dependent to the care,
custody, and control of the child's parent, guardian, or legal custodian unless
the court finds there is reasonable cause to believe that:
(a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or
(ii) The release of such child would present a serious threat of substantial harm to such child; or
(iii) The parent, guardian, or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070.
If the court does not release the child to his or her parent, guardian, or legal custodian, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether subsections (2) and (3) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.
(9) An order releasing the child on any conditions specified in this
section may at any time be amended, with notice and hearing thereon, so as to
return the child to shelter care for failure of the parties to conform to the
conditions originally imposed.
(10) A shelter care order issued pursuant to this section may be amended
at any time with notice and hearing thereon. The shelter care decision of
placement shall be modified only upon a showing of change in circumstances. No
child may be detained for longer than thirty days without an order, signed by
the judge, authorizing continued shelter care.
(11) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. The hearing shall be held within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.
Sec. 2. Section 6, chapter 160, Laws of 1913 as last amended by section 2, chapter 194, Laws of 1988 and RCW 13.34.070 are each amended to read as follows:
(1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.
(4) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.
(5) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.
(6) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (4) or (5) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT TO RCW 13.34.070.
(7) If a
party to be served with a summons can be found within the state, the summons
shall be served upon the party personally ((
at least five)) as soon
as possible following the filing of the petition, but in no case later than
fifteen court days before the fact-finding hearing, or such time as set by
the court. If the party is within the state and cannot be personally served,
but the party's address is known or can with reasonable diligence be
ascertained, the summons may be served upon the party by mailing a copy thereof
by certified mail (( at least ten)) as soon as possible following the
filing of the petition, but in no case later than fifteen court days before
the hearing, or such time as set by the court. If a party other than the child
is without the state but can be found or the address is known, or can with
reasonable diligence be ascertained, service of the summons may be made either
by delivering a copy thereof to the party personally or by mailing a copy
thereof to the party by certified mail at least ten court days before the
fact-finding hearing, or such time as set by the court.
(8) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.
(9) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.
Sec. 3. Section 7, chapter 160, Laws of 1913 as last amended by section 1, chapter 201, Laws of 1988 and RCW 13.34.080 are each amended to read as follows:
In a dependency case where it appears by the petition or verified statement, that the person standing in the position of natural or legal guardian of the person of any child, is a nonresident of this state, or that the name or place of residence or whereabouts of such person is unknown, as well as in all cases where, after due diligence, the officer has been unable to make service of the summons or notice provided for in RCW 13.34.070, and a copy of the notice has been deposited in the post office, postage prepaid, directed to such person at his last known place of residence, the court shall direct the clerk to publish notice in a legal newspaper printed in the county, qualified to publish summons, once a week for three consecutive weeks, with the first publication of the notice to be at least twenty-five days prior to the date fixed for the hearing. If the parent, guardian, or legal custodian is believed to be a resident of another state or a county other than the county in which the petition has been filed, notice also shall be published in the county in which the parent, guardian, or legal custodian is believed to reside. Additionally, publication may proceed simultaneously with efforts to provide personal service or service by mail for good cause shown, when there is reason to believe that personal service or service by mail will not be successful. Such notice shall be directed to the parent, parents, or other person claiming the right to the custody of the child, if their names are known, or if unknown, the phrase "To whom it may concern" shall be used and apply to, and be binding upon, any such persons whose names are unknown. The name of the court, the name of the child (or children if of one family), the date of the filing of the petition, the date of hearing, and the object of the proceeding in general terms shall be set forth, and the whole shall be subscribed by the clerk. There shall be filed with the clerk an affidavit showing due publication of the notice, and the cost of publication shall be paid by the county at not to exceed the rate paid by the county for other legal notices. The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been designated as provided in this section.
Sec. 4. Section 37, chapter 291, Laws of 1977 ex. sess. as amended by section 42, chapter 155, Laws of 1979 and RCW 13.34.090 are each amended to read as follows:
(1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.
At all stages of a proceeding in which a child is alleged to be dependent
pursuant to RCW 13.34.030(2), the child's parent ((
or legal custodian has the right to be represented by counsel, and if
indigent, to have counsel appointed for him or her by the court. Unless
waived in court, counsel shall be provided to the child's parent, guardian, or
legal custodian, if such person (a) has appeared in the proceeding or requested
the court to appoint counsel and (b) is financially unable to obtain counsel
because of indigency as defined in chapter 10.101 RCW.
(3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.
(4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, within twenty days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel.
Sec. 5. Section 17, chapter 17, Laws of 1989 1st ex. sess. and RCW 13.34.130 are each amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, as now or hereafter amended, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030(2); after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.
(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that:
(i) There is no parent or guardian available to care for such child;
(ii) The child is unwilling to reside in the custody of the child's parent, guardian, or legal custodian;
(iii) The parent, guardian, or legal custodian is not willing to take custody of the child;
(iv) A manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or
(v) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.
(2) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(a) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.
(b) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.
(c) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(d) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.
(3) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.
(4) The status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall establish in writing:
(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration has been given to placement with the child's relatives;
(iii) Whether there is a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
Sec. 6. Section 15, chapter 160, Laws of 1913 as amended by section 43, chapter 291, Laws of 1977 ex. sess. and RCW 13.34.150 are each amended to read as follows:
made by the court in the case of a dependent child may ((
at any time))
be changed, modified, or set aside, (( as to the judge may seem meet
and proper)) only upon a showing of a change in circumstance.
Sec. 7. Section 46, chapter 291, Laws of 1977 ex. sess. as last amended by section 2, chapter 201, Laws of 1988 and RCW 13.34.180 are each amended to read as follows:
A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(7), and shall allege:
(1) That the child has been found to be a dependent child under RCW 13.34.030(2); and
(2) That the court has entered a dispositional order pursuant to RCW 13.34.130; and
(3) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030(2); and
(4) That the services ordered under RCW 13.34.130 have been offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been offered or provided; and
(5) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and
(6) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home;
(7) In lieu of the allegations in subsections (1) through (6) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.
Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:
A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.
1. You have the right to a fact-finding hearing before a judge.
2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of social and health services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: !sc.,3(explain local procedure)!sc.,3
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
You should be present at this hearing.
You may call ...(insert agency)... for more information about your child. The agency's name and telephone number are ...(insert name and telephone number)..."
Sec. 8. Section 8, chapter 155, Laws of 1979 as amended by section 11, chapter 288, Laws of 1986 and RCW 13.50.010 are each amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, and persons or public or private agencies having children committed to their custody;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;
(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to insure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notorized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
Sec. 9. Section 10, chapter 155, Laws of 1979 as amended by section 20, chapter 191, Laws of 1983 and RCW 13.50.100 are each amended to read as follows:
(1) This section governs records not covered by RCW 13.50.050.
(2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.
(3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the state-wide juvenile court information system.
(4) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:
(a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or
(b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile; or
(c) That the department of social and health services may delete the name and identifying information regarding persons or organizations who have reported suspected child abuse or neglect.
(5) A juvenile or his or her parent denied access to any records following an agency determination under subsection (4) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsections (4) (a) and (b) of this section.
(6) The person making a motion under subsection (5) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(7) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (4) of this section.
(8) Information concerning a juvenile or a juvenile's family contained in records covered by this section may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
Sec. 10. Section 4, chapter 183, Laws of 1985 and RCW 26.44.115 are each amended to read as follows:
If a child
is taken into custody by child protective services pursuant to a court order
issued under RCW 13.34.050, the child protective services worker shall take
reasonable steps to advise the parents immediately, regardless of the time of
day, that the child has been taken into custody, the reasons why the child was
taken into custody, and general information about the child's placement. ((
may be given by any means reasonably certain of notifying the parents,
including but not limited to, written, telephonic, or in-person oral
notification. If the initial notification is provided by a means other than
writing, the information shall also be provided to the parent in writing as
soon thereafter as possible)) The department shall comply with RCW
13.34.060 when providing notice under this section.
NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.