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FORTY-THIRD DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 23, 1998
The Senate was called to order at 10:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senator Hale. On motion of Senator Swecker, Senator Hale was excused.
The Sergeant at Arms Color Guard, consisting of Pages Justin Nielson and Casey West, presented the Colors. Reverend Edsel Goldson, pastor of the Tumwater Methodist Church, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
February 20, 1998
HB 1046 Prime Sponsor, Representative Carlson: Requiring personal flotation devices for children on certain recreational vessels. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 19, 1998
2SHB 1065 Prime Sponsor, House Committee on Financial Institutions and Insurance: Filing certain insurance related corporate documents. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Heavey and Kline.
Passed to Committee on Rules for second reading.
February 19, 1998
EHB 1186 Prime Sponsor, Representative Hickel: Changing duties for aiding injured persons and the penalties for second degree murder. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass as amended. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
February 19, 1998
SHB 1193 Prime Sponsor, House Committee on Government Administration: Controlling personal service contracts. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass as amended. Signed by Senators Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
February 19, 1998
EHB 1205 Prime Sponsor, Representative Lambert: Prohibiting specified sex offenses against children. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Long and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senator Fairley.
Passed to Committee on Rules for second reading.
February 20, 1998
ESHB 1230 Prime Sponsor, House Committee on Education: Protecting students' religious rights. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson, Rasmussen and Zarelli.
Passed to Committee on Rules for second reading.
February 20, 1998
SHB 1510 Prime Sponsor, House Committee on Government Administration: Regulating statements of financial matters. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass as amended. Signed by Senators Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
February 18, 1998
SHB 1672 Prime Sponsor, House Committee on Law and Justice: Prohibiting the use of intoxication as a defense. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Kline, Long, Stevens and Thibaudeau.
Passed to Committee on Rules for second reading.
February 20, 1998
HB 1673 Prime Sponsor, Representative Dunn: Allowing parents to decline having their children in the transitional bilingual program. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senator McAuliffe.
Passed to Committee on Rules for second reading.
February 19, 1998
ESHB 1769 Prime Sponsor, House Committee on Health Care: Providing for the electronic transfer of prescriptions. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
SHB 1867 Prime Sponsor, House Committee on Health Care: Revising provisions for food sanitation and safety. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
HB 2144 Prime Sponsor, Representative Smith: Designating depositaries. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Heavey and Kline.
Passed to Committee on Rules for second reading.
February 18, 1998
SHB 2295 Prime Sponsor, House Committee on Law and Justice: Revising procedures for staggering of terms for new court of appeals positions. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, Stevens and Thibaudeau.
Passed to Committee on Rules for second reading.
February 19, 1998
SHB 2321 Prime Sponsor, House Committee on Financial Institutions and Insurance: Allowing consumer loan companies to charge borrowers fees for services provided by third parties. Reported by Committee on Financial Institutions, Insurance and Housing
MAJORITY Recommendation: Do pass. Signed by Senators Winsley, Chair; Benton, Vice Chair; Finkbeiner, Heavey and Kline.
Passed to Committee on Rules for second reading.
February 20, 1998
HB 2328 Prime Sponsor, Representative Sterk: Allowing for an extra unclassified employee in a sheriff's office that has adopted a system of community-oriented policing. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Hale, Vice Chair; Haugen, Horn and Patterson.
Passed to Committee on Rules for second reading.
February 20, 1998
ESHB 2330 Prime Sponsor, House Committee on Education: Authorizing church schools. Reported by Committee on Education
MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson and Zarelli.
MINORITY Recommendation: Do not pass. Signed by Senators McAuliffe and Rasmussen.
Passed to Committee on Rules for second reading.
February 18, 1998
HB 2361 Prime Sponsor, Representative Sheahan: Revising notice requirements in proceedings involving support and income-withholding orders. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Long, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
February 19, 1998
SHB 2364 Prime Sponsor, House Committee on Health Care: Extending the time for the secretary of health to establish administrative procedures and requirements for health professions. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
ESHB 2462 Prime Sponsor, House Committee on Health Care: Providing for the registration of surgical technologists. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
SHB 2556 Prime Sponsor, House Committee on Child and Family Service: Making changes concerning the federal child abuse prevention and treatment act. Reported by Committee on Human Services and Corrections
MAJORITY Recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators Long, Chair; Zarelli, Vice Chair; Franklin, Hargrove, Kohl, Schow and Stevens.
Referred to Committee on Ways and Means.
February 20, 1998
SHB 2634 Prime Sponsor, House Committee on Child and Family Service: Denying public assistance to fugitives from justice. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
SHB 2688 Prime Sponsor, House Committee on Health Care: Modifying the educational requirements for licensure as a hearing instrument fitter/dispenser. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
HB 2692 Prime Sponsor, Representative Clements: Clarifying references to food stamps or food stamp benefits transferred electronically. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
HB 2698 Prime Sponsor, Representative B. Thomas: Resolving conflicts in lodging tax statutes enacted in 1997. Reported by Committee on Government Operations
MAJORITY Recommendation: Do pass. Signed by Senators Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Passed to Committee on Rules for second reading.
February 19, 1998
HB 2704 Prime Sponsor, Representative Skinner: Creating inactive license status for physical therapists. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
HB 2788 Prime Sponsor, Representative Backlund: Training nursing assistants. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
HB 2797 Prime Sponsor, Representative Regala: Modifying the membership of the natural heritage advisory council. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 20, 1998
SHB 2826 Prime Sponsor, House Committee on Natural Resources: Authorizing distribution of nonhighway vehicle funds to nonprofit off-road vehicle organizations. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 20, 1998
ESHB 2900 Prime Sponsor, House Committee on Child and Family Service: Providing for pro rata calculation of temporary assistance for needy families grants. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 19, 1998
ESHB 2901 Prime Sponsor, House Committee on Child and Family Service: Requiring a WorkFirst job search component. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
SHB 2914 Prime Sponsor, House Committee on Health Care: Diagnosing and reporting sexually transmitted diseases. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
EHB 2920 Prime Sponsor, Representative Skinner: Clarifying continuing education requirements for counselors. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
HB 3022 Prime Sponsor, Representative Boldt: Authorizing interstate agreements for public assistance cross matches. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Strannigan and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
HB 3103 Prime Sponsor, Representative Dickerson: Requiring newborn screening for exposure to harmful drugs. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley, Franklin and Wojahn.
Passed to Committee on Rules for second reading.
February 20, 1998
HJM 4029 Prime Sponsor, Representative Buck: Regarding the Olympic National Park as a Biosphere Reserve within the Man and Biosphere Program. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Morton, Snyder and Swecker.
Passed to Committee on Rules for second reading.
February 20, 1998
HJM 4030 Prime Sponsor, Representative Backlund: Petitioning for Medicaid flexibility. Reported by Committee on Health and Long-Term Care
MAJORITY Recommendation: Do pass. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Fairley and Strannigan.
Passed to Committee on Rules for second reading.
February 20 1998
HJM 4032 Prime Sponsor, Representative Buck: Regarding salmon and steelhead under the federal Endangered Species Act. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 20, 1998
SHJM 4035 Prime Sponsor, House Committee on Natural Resources: Urging legislation facilitating forest land exchange. Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: Do pass. Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
REPORT OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENT
February 20, 1998
GA 9290 KELLY D. WHITE, reappointed July 10, 1997, for a term ending January 19, 2003, as a member of the Fish and Wildlife Commission.
Reported by Committee on Natural Resources and Parks
MAJORITY Recommendation: That said reappointment be confirmed. Signed by Senators Oke, Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel and Swecker.
Passed to Committee on Rules.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
January 30, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Captain Harry Dudley, appointed January 30, 1998, for a term ending December 26, 2000, as a member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to Committee on Transportation.
MOTION
At 10:10 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:33 a.m. by President Pro Tempore Newhouse.
MOTION
On motion of Senator Franklin, the following resolution was adopted:
SENATE RESOLUTION 1998-8704
By Senators Franklin and Kohl
WHEREAS, 1998 marks the beginning of a new tradition in Tacoma with the first annual African-American Heritage Pageant; and
WHEREAS, The African-American Heritage Pageant continues the important mission and legacy of the former Afro Pageant; and
WHEREAS, Through the former Afro Pageant, community leaders worked tirelessly for many years to raise scholarship funds, and promote cultural awareness and civic responsibility among generations of black youth seeking to further their education beyond high school; and
WHEREAS, The newly created African-American Heritage Pageant is dedicated to providing qualifying Pierce County African-American high school seniors with college scholarships; and
WHEREAS, Pageant organizers are ever mindful of the effect of increasing technology and global competition on the lives and future employment opportunities of these students; and
WHEREAS, Organizers of the African-American Heritage Pageant believe that a higher education is an essential milestone that students must meet if they are to have a successful future in a rapidly changing world; and
WHEREAS, The Pageant came into being to help as many of these students as possible gain the college scholarship resources that will help them prepare for their future; and
WHEREAS, This first annual Pageant will take place February 28, 1998, at Clover Park High School, featuring fifteen male and female contestants; and
WHEREAS, The contestants represent ten Pierce County area high schools; and
WHEREAS, The participating students have a commendable cumulative grade point average of 3.25;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the African-American Heritage Pageant and those responsible for its creation; that we recognize and commend the contestants who merely by meeting the high standards required for participation have already demonstrated their commitment to their futures and the future of their community; and that we urge all citizens of Washington to support the worthy educational goals of the African-American Heritage Pageant; and
BE IT FURTHER RESOLVED, That copies of this resolution be transmitted immediately by the Secretary of the Senate to Pageant Board of Directors Chair Thel Johnson, and to Pageant Interim Director Jess Moultry.
Senators Franklin and Kohl spoke to Senate Resolution 1998-8704.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the African-American Heritage Pageant contestants who were seated in the gallery.
MOTION
On motion of Senator Johnson, the Senate reverted to the sixth order of business.
MOTION
On motion of Senator Anderson, Senator McCaslin was excused.
SECOND READING
HOUSE BILL NO. 2557, by Representatives Tokuda, Cooke and O'Brien (by request of Department of Social and Health Services)
Concerning judicial review for certain out-of-home child placements.
The bill was read the second time.
MOTION
Senator Long moved that the following Committee on Human Services and Corrections amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.13.350 and 1997 c 386 s 16 are each amended to read as follows:
It is the intent of the legislature that parents are responsible for the care and support of children with developmental disabilities. The legislature recognizes that, because of the intense support required to care for a child with developmental disabilities, the help of an out-of-home placement may be needed. It is the intent of the legislature that, when the sole reason for the out-of-home placement is the child's developmental disability, such services be offered by the department to these children and their families through a voluntary placement agreement. In these cases, the parents shall retain legal custody of the child.
As used in this section, "voluntary placement agreement" means a written agreement between the department and a child's parent or legal guardian authorizing the department to place the child in a licensed facility. Under the terms of this agreement, the parent or legal guardian shall retain legal custody and the department shall be responsible for the child's placement and care. The agreement shall at a minimum specify the legal status of the child and the rights and obligations of the parent or legal guardian, the child, and the department while the child is in placement. The agreement must be signed by the child's parent or legal guardian and the department to be in effect, except that an agreement regarding an Indian child shall not be valid unless executed in writing before the court and filed with the court as provided in RCW 13.34.245. Any party to a voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130.
As used in this section, "out-of-home placement" and "out-of-home care" mean the placement of a child in a foster family home or group care facility licensed under chapter 74.15 RCW.
Whenever the department places a child in out-of-home care under a voluntary placement pursuant to this section, the department shall have the responsibility for the child's placement and care. The department shall develop a permanency plan of care for the child no later than sixty days from the date that the department assumes responsibility for the child's placement and care. Within the first one hundred eighty days of the placement, the department shall obtain a judicial determination pursuant to RCW 13.04.030(1)(j) and 13.34.270 that the placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination under RCW 13.04.030(1)(b) is required. The permanency planning hearings shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
The department shall provide for periodic administrative reviews as required by federal law. A review may be called at any time by either the department, the parent, or the legal guardian.
Nothing in this section shall prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030.
The department shall adopt rules providing for the implementation of chapter 386, Laws of 1997 and the transfer of responsibility for out-of-home placements from the dependency process under chapter 13.34 RCW to the process under this chapter.
It is the intent of the legislature that the department undertake voluntary out-of-home placement in cases where the child's developmental 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. If the department does not accept a voluntary placement agreement signed by the parent, a petition may be filed and an action pursued under chapter 13.34 RCW. The department shall inform the parent, guardian, or legal custodian in writing of their right to civil action under chapter 13.34 RCW.
Sec. 2. RCW 13.34.270 and 1997 c 386 s 19 are each amended to read as follows:
(1) Whenever the department of social and health services places a developmentally disabled child in out-of-home care pursuant to RCW 74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination is required.
(2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability, as defined in RCW 71A.10.020, and that the child has been placed in out-of-home care pursuant to RCW 74.13.350. The petition shall request that the court review the child's placement, make a determination that continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, telephone, and telegraph.
(4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this subsection. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not ((be [been])) been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.
(e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.
(7) This section does not prevent the department from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section.
Sec. 3. RCW 74.13.021 and 1997 c 386 s 15 are each amended to read as follows:
As used in this chapter, "developmentally disabled ((dependent)) child" is a child who has a developmental disability as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian and with the department mutually agree that services appropriate to the child's needs can not be provided in the home."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the Committee on Human Services and Corrections striking amendment to House Bill No. 2557.
The motion by Senator Long carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 2 of the title, after "placement;" strike the remainder of the title and insert "and amending RCW 74.13.350, 13.34.270, and 74.13.021."
On motion of Senator Long, House Bill No. 2557, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2557, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2557, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hale and McCaslin - 2. HOUSE BILL NO. 2557, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1077, by House Committee on Law and Justice (originally sponsored by Representatives Sterk, D. Sommers, Boldt and Sheahan)
Specifying the official forms of establishing proof of identity.
The bill was read the second time.
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1077 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1077.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1077 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Hale and McCaslin - 2.
SUBSTITUTE HOUSE BILL NO. 1077, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
HOUSE BILL NO. 2558, by Representatives Tokuda and Cooke (by request of Department of Social and Health Services)
Correcting statutory references.
The bill was read the second time.
MOTION
On motion of Senator Long, the following Committee on Human Services and Corrections amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.34.090 and 1990 c 246 s 4 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.
(2) At all stages of a proceeding in which a child is alleged to be dependent ((pursuant to)) as defined in RCW 13.34.030(((2))) (4), the child's parent, guardian, 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. 2. RCW 43.43.700 and 1989 c 334 s 6 are each amended to read as follows:
There is hereby established within the Washington state patrol a section on identification, child abuse, vulnerable adult abuse, and criminal history hereafter referred to as the section.
In order to aid the administration of justice the section shall install systems for the identification of individuals, including the fingerprint system and such other systems as the chief deems necessary. The section shall keep a complete record and index of all information received in convenient form for consultation and comparison.
The section shall obtain from whatever source available and file for record the fingerprints, palmprints, photographs, or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested and charged with, or convicted of any criminal offense. The section may obtain like information concerning persons arrested for or convicted of crimes under the laws of another state or government.
The section shall also contain like information concerning persons, over the age of eighteen years, who have been found((, pursuant to a dependency proceeding under RCW 13.34.030(2)(b) to have physically abused or sexually abused or exploited a child or, pursuant to a protection proceeding under chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult)) to have physically abused or sexually abused or exploited a child pursuant to a dependency proceeding under chapter 13.34 RCW, or to have abused or financially exploited a vulnerable adult pursuant to a protection proceeding under chapter 74.34 RCW."
MOTIONS
On motion of Senator Long, the following title amendment was adopted:
On page 1, line 1 of the title, after "references;" strike the remainder of the title and insert "and amending RCW 13.34.090 and 43.43.700."
On motion of Senator Long, the rules were suspended, House Bill No. 2558, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of House Bill No. 2558, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2558, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Prentice - 1. Excused: Senators Hale and McCaslin - 2. HOUSE BILL NO. 2558, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:59 a.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Tuesday, February 24, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate