AN
ACT Relating to placement of children with a relative prior to and at a shelter
care hearing; amending RCW 13.34.060; and adding a new section to chapter 13.34
RCW.
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:
The
legislature has found that any intervention into the life of a child is also an
intervention in the life of the parent, guardian, or legal custodian, and that
the bond between child and parent is a critical element of child development.
The legislature now also finds that children who cannot be with their parents,
guardians, or legal custodians are best cared for, whenever possible and
appropriate by family members with whom they have a relationship. This is
particularly important when a child cannot be in the care of a parent,
guardian, or legal custodian as a result of a court intervention.
Sec.
2. RCW
13.34.060 and 1998 c 328 s 2 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.
(a)
Unless there is reasonable cause to believe that the safety or welfare of the
child would be jeopardized or that the efforts to reunite the parent and child
will be hindered, priority placement for a child in shelter care shall be with
any person described in RCW 74.15.020(2)(a). The person must be willing and
available to care for the child and be able to meet any special needs of the
child. If a child is not initially placed with a relative pursuant to this
section, the supervising agency shall make an effort within available resources
to place the child with a relative on the next business day. The supervising
agency shall document its effort to place the child with a relative pursuant to
this section. Nothing within this subsection (1)(a) establishes an entitlement
to services or a right to a particular placement.
(b)
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 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:
"NOTICE
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. You have the
right to records the department intends to rely upon. 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: (explain
local procedure) .
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.
4.
If your hearing occurs before a court commissioner, you have the right to have
the decision of the court commissioner reviewed by a superior court judge. To
obtain that review, you must, within ten days after the entry of the decision
of the court commissioner, file with the court a motion for revision of the
decision, as provided in RCW 2.24.050.
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: (insert
name and telephone number) ."
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 hear evidence regarding the efforts made to place the
child with a relative. 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 court.
(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, and the child was initially placed with a relative pursuant to
subsection (1) of this section, the court shall order continued placement with
a relative, unless there is reasonable cause to believe the safety or welfare
of the child would be jeopardized. If the child was not initially placed with
a relative, and the court does not release the child to his or her parent,
guardian, or legal custodian, the supervising agency shall make reasonable
efforts to locate a relative pursuant to subsection (1) of this section. If a
relative is not available, 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.
The
court shall consider whether nonconformance with any conditions resulted from
circumstances beyond the control of the parent and give weight to that fact
before ordering return of the child to shelter care.
(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.
