_______________________________________________
HOUSE
BILL 2558
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 01/15/98. Referred to Committee on Children & Family Services.
Correcting statutory references.
AN
ACT Relating to technical corrections to statutory references; and amending RCW
13.34.090 and 43.43.700.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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.
