BP BHEAD INT H [atlas:bill]

AN ACT Relating to drug-affected infants; adding new sections to chapter 13.34 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. A new section is added to chapter 13.34 RCW to read as follows:

When a newborn infant has been identified as being affected by the nonprescription use of a controlled substance by a physician licensed under chapter 18.71 or 18.57 RCW primarily responsible for the care of a newborn infant, an advanced registered nurse who practices midwifery licensed under chapter 18.79 RCW, or a midwife licensed under chapter 18.50 RCW, the department must be notified by the physician, nurse, or midwife. Information given to the department shall include the name and address of the parent or parents of an infant who has been affected by the nonprescription use of a controlled substance.

NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

(1) The department, upon receipt of a report under section 1 of this act, shall investigate and, if the department has reasonable cause to believe that the infant has been affected by the nonprescription use of a controlled substance, the infant is in need of treatment for conditions related to the infant being affected by the nonprescription use of a controlled substance, and the parents of the child cannot adequately care for the child's conditions, the department shall take custody of the child for the purpose of obtaining treatment for the child. Where medically indicated, the department may place the infant in an appropriate birth facility or pediatric care program, and access services for the treatment of the child's condition. The child's withdrawal from the effects of the prenatal nonprescription use of a controlled substance shall be under the supervision of appropriate medical professionals. The department shall retain custody of the child until the court assumes custody, until the department upon a documented and substantiated record determines that the child's parents can adequately care for the infant's condition, or until the department decides not to file a dependency petition under subsection (2) of this section.

(2) After an investigation in response to a receipt of a report under section 1 of this act, the department shall, in appropriate cases, file a dependency petition under this chapter. In the event the department does not file a petition, it shall refer the mother to available chemical dependency treatment programs.

(3) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis.

(4) If the department and mother enter an agreement under subsection (3) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

(1) If the department receives a report under section 1 of this act of a mother who has given birth to a second infant who has been affected by the nonprescription use of a controlled substance, the department:

(a) May request the court to proceed immediately with the entry of a dependency for the first infant who was affected by the nonprescription use of a controlled substance; and

(b) Shall investigate and, unless there are compelling reasons to the contrary, file a dependency petition on the second infant who has been affected by the nonprescription use of a controlled substance. If the department does not file a petition, it shall refer the woman to available chemical dependency treatment programs.

(2) The department and the mother may enter an agreement in which the mother agrees to enter chemical dependency inpatient treatment.

(3) If the department and the mother enter an agreement under subsection (2) of this section, the department shall request the court to defer the entry of an order of dependency on the second infant for as long as the mother remains in treatment, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

The department may request the court to dismiss the petition deferred under section 2 or 3 of this act at any time, but a petition may not be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not used controlled substances in a nonprescription manner for at least twelve consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.

NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

If the department receives a report under section 1 of this act of a mother who has given birth to a third or subsequent infant who has been affected by the nonprescription use of a controlled substance the department shall:

(1) Request the court to proceed immediately with the entry of a finding of dependency on all children who were affected by the nonprescription use of a controlled substance born before the third or subsequent birth unless an order of dependency has been vacated or dismissed; and

(2) File a dependency petition on any infant subject to this section as well as any other child born before the third or subsequent birth of an infant who was affected by the nonprescription use of a controlled substance.

NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:

Following a filing of a petition under section 5 of this act:

(1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020, who shall undertake the processes described in RCW 70.96A.140.

(2) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient treatment and any aftercare program for controlled substances ordered by the court.

NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:

There is a rebuttable presumption in any petition filed under section 6 of this act that termination of parental rights is in the best interest of the child and it is unreasonable to provide services to reunify the children with the mother. The court shall give great weight to the fact that the mother has given birth to a third or subsequent infant born affected by the nonprescription use of a controlled substance.

NEW SECTION. Sec. 8. A new section is added to chapter 13.34 RCW to read as follows:

The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under this act.

NEW SECTION. Sec. 9. A new section is added to chapter 13.34 RCW to read as follows:

For the purposes of this act, "department" means the department of social and health services.

NEW SECTION. Sec. 10. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2000, in the omnibus appropriations act, this act is null and void.