AN
ACT Relating to adoption; amending RCW 26.33.170; reenacting and amending RCW
13.34.130; and adding a new section to chapter 13.34 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.33.170 and 1988 c 203 s 1 are each amended to read as follows:
(1)
An agency's, the department's, or a legal guardian's consent to adoption may be
dispensed with if the court determines by clear, cogent and convincing evidence
that the proposed adoption is in the best interests of the adoptee.
(2)
An alleged father's, birth parent's, or parent's consent to adoption may be
dispensed with if the court finds that the proposed adoption is in the best
interests of the adoptee and:
(a)
The alleged father, birth parent, or parent has been found guilty of rape under
chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the
victim of the rape or incest; or
(b)
The alleged father, birth parent, or parent has been found guilty of rape under
chapter 9A.44 RCW or incest under RCW 9A.64.020, where the other parent of the
adoptee was the victim of the rape or incest and the adoptee was conceived as a
result of the rape or incest.
(3)
Nothing in this section shall be construed to eliminate the notice provisions of
this chapter.
NEW
SECTION. Sec. 2. A
new section is added to chapter 13.34 RCW to read as follows:
In
those cases where an alleged father, birth parent, or parent has indicated his
or her intention to make a voluntary adoption plan for the child and has agreed
to the termination of his or her parental rights, the department shall follow
the wishes of the alleged father, birth parent, or parent regarding the
proposed adoptive placement of the child, if the court determines that the
adoption is in the best interest of the child, and the prospective adoptive
parents chosen by the alleged father, birth parent, or parent are properly
qualified to adopt in compliance with the standards in this chapter and chapter
26.33 RCW. If the department has filed a termination petition, an alleged
father's, birth parent's, or parent's preferences regarding the proposed
adoptive placement of the child shall be given consideration.
Sec.
3. RCW
13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended
to read as follows:
If,
after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a
preponderance of the evidence that the child is dependent within the meaning of
RCW 13.34.030; 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 person who is related to the child as defined
in RCW 74.15.020(((4)(a))) (2)(a) and with whom the child has a
relationship and is comfortable, and who is willing and available to care for
the child. Placement of the child with a relative under this subsection shall
be given preference by the court. 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 preventive services have been offered or provided and have
failed to prevent the need for out-of-home placement, unless the health,
safety, and welfare of the child cannot be protected adequately in the home,
and that:
(i)
There is no parent or guardian available to care for such child;
(ii)
The parent, guardian, or legal custodian is not willing to take custody of the
child;
(iii)
The court finds, by clear, cogent, and convincing evidence, 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
(iv)
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)
If the court has ordered a child removed from his or her home pursuant to
subsection (1)(b) of this section, the court may order that a petition seeking
termination of the parent and child relationship be filed if the court finds:
(a) Termination is recommended by the supervising agency; (b) termination is in
the best interests of the child; and (c) that because of the existence of
aggravated circumstances, reasonable efforts to unify the family are not
required. Notwithstanding the existence of aggravated circumstances, reasonable
efforts may be required if the court or department determines it is in the best
interest of the child. In determining whether aggravated circumstances exist by
clear, cogent, and convincing evidence, the court shall consider one or
more of the following:
(i)
Conviction of the parent of rape of the child in the first, second, or third
degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(ii)
Conviction of the parent of criminal mistreatment of the child in the first or
second degree as defined in RCW 9A.42.020 and 9A.42.030;
(iii)
Conviction of the parent of one of the following assault crimes, when the child
is the victim: Assault in the first or second degree as defined in RCW
9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as
defined in RCW 9A.36.120 or 9A.36.130;
(iv)
Conviction of the parent of murder, manslaughter, or homicide by abuse of the
child's other parent, sibling, or another child;
(v)
Conviction of the parent of attempting, soliciting, or conspiracy to commit a
crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;
(vi)
A finding by a court that a parent is a sexually violent predator as defined in
RCW 71.09.020;
(vii)
Failure of the parent to complete available treatment ordered under this
chapter or the equivalent laws of another state, where such failure has
resulted in a prior termination of parental rights to another child and the
parent has failed to effect significant change in the interim. In the case of
a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L.
95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also
consider tribal efforts to assist the parent in completing treatment and make
it possible for the child to return home;
(viii)
An infant under three years of age has been abandoned as defined in RCW
13.34.030(4)(a);
(ix)
The mother has given birth to three or more drug-affected infants, resulting in
the department filing a petition under section 23 of this act;
(x)
Conviction of the parent of a sex offense under chapter 9A.44 RCW or incest
under RCW 9A.64.020 when the child is born of the offense.
(3)
If reasonable efforts are not ordered under subsection (2) of this section a
permanency ((plan [planning])) planning hearing shall be held within
thirty days. Reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanency plan, and to complete whatever steps
are necessary to finalize the permanent placement of the child.
(4)
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)
A permanency plan of care that shall identify one of the following outcomes as
a primary goal and may identify additional outcomes as alternative goals:
Return of the child to the home of the child's parent, guardian, or legal
custodian; adoption; guardianship; permanent legal custody; or long-term
relative or foster care, until the child is age eighteen, with a written
agreement between the parties and the care provider; and independent living, if
appropriate and if the child is age sixteen or older. Whenever a permanency
plan identifies independent living as a goal, the plan shall also specifically
identify the services that will be provided to assist the child to make a
successful transition from foster care to independent living. Before the court
approves independent living as a permanency plan of care, the court shall make
a finding that the provision of services to assist the child in making a transition
from foster care to independent living will allow the child to manage his or
her financial affairs and to manage his or her personal, social, educational,
and nonfinancial affairs. The department shall not discharge a child to an
independent living situation before the child is eighteen years of age unless
the child becomes emancipated pursuant to chapter 13.64 RCW.
(b)
Unless the court has ordered, pursuant to subsection (2) of this section, that
a termination petition be filed, 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.
(i)
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.
(ii)
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.
(iii)
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.
(iv)
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.
(c)
If the court has ordered, pursuant to subsection (2) of this section, that a
termination petition be filed, a specific plan as to where the child will be
placed, what steps will be taken to achieve permanency for the child, services
to be offered or provided to the child, and, if visitation would be in the best
interests of the child, a recommendation to the court regarding visitation
between parent and child pending a fact-finding hearing on the termination
petition. The agency shall not be required to develop a plan of services for
the parents or provide services to the parents.
(5)
If the court determines that the continuation of reasonable efforts to prevent
or eliminate the need to remove the child from his or her home or to safely
return the child home should not be part of the permanency plan of care for the
child, reasonable efforts shall be made to place the child in a timely manner
and to complete whatever steps are necessary to finalize the permanent
placement of the child.
(6)
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.
(7)
Except for children whose cases are reviewed by a citizen review board under
chapter 13.70 RCW, 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. The supervising agency shall provide a foster parent,
preadoptive parent, or relative with notice of, and their right to an
opportunity to be heard in, a review hearing pertaining to the child, but only
if that person is currently providing care to that child at the time of the
hearing. This section shall not be construed to grant party status to any
person who has been provided an opportunity to be heard.
(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 and preference 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.
NEW
SECTION. Sec. 4. 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.
