AN
ACT Relating to court jurisdiction over permanency planning matters in
dependency proceedings; amending RCW 26.10.030 and 13.34.145; reenacting and
amending RCW 13.04.030; 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:
(1)
The court hearing the dependency petition may hear and determine issues related
to chapter 26.10 RCW in a dependency proceeding as necessary to facilitate a
permanency plan for the child or children as part of the dependency disposition
order or a dependency review order or as otherwise necessary to implement a
permanency plan of care for a child. The parents, guardians, or legal
custodian of the child must agree, subject to court approval, to establish a
permanent custody order. This agreed order may have the concurrence of the
other parties to the dependency including the supervising agency, the guardian
ad litem of the child, and the child if age twelve or older, and must also be
in the best interests of the child. If the petitioner for a custody order
under chapter 26.10 RCW is not a party to the dependency proceeding, he or she
must agree on the record or by the filing of a declaration to the entry of a
custody order. Once an order is entered under chapter 26.10 RCW, and the
dependency petition dismissed, the department shall not continue to supervise
the placement.
(2)
Any court order determining issues under chapter 26.10 RCW is subject to
modification upon the same showing and standards as a court order determining
Title 26 RCW issues.
(3)
Any order entered in the dependency court establishing or modifying a permanent
legal custody order under chapter 26.10 RCW shall also be filed in the chapter
26.10 RCW action by the prevailing party. Once filed, any order establishing
or modifying permanent legal custody shall survive dismissal of the dependency
proceeding.
Sec.
2. RCW
13.04.030 and 1997 c 386 s 17, 1997 c 341 s 3, and 1997 c 338 s 7 are each
reenacted and amended to read as follows:
(1)
Except as provided in this section, the juvenile courts in this state shall
have exclusive original jurisdiction over all proceedings:
(a)
Under the interstate compact on placement of children as provided in chapter
26.34 RCW;
(b)
Relating to children alleged or found to be dependent as provided in chapter
26.44 RCW and in RCW 13.34.030 through 13.34.170;
(c)
Relating to the termination of a parent and child relationship as provided in
RCW 13.34.180 through 13.34.210;
(d)
To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;
(e)
Relating to juveniles alleged or found to have committed offenses, traffic or
civil infractions, or violations as provided in RCW 13.40.020 through
13.40.230, unless:
(i)
The juvenile court transfers jurisdiction of a particular juvenile to adult
criminal court pursuant to RCW 13.40.110;
(ii)
The statute of limitations applicable to adult prosecution for the offense,
traffic or civil infraction, or violation has expired;
(iii)
The alleged offense or infraction is a traffic, fish, boating, or game offense,
or traffic or civil infraction committed by a juvenile sixteen years of age or
older and would, if committed by an adult, be tried or heard in a court of
limited jurisdiction, in which instance the appropriate court of limited
jurisdiction shall have jurisdiction over the alleged offense or infraction,
and no guardian ad litem is required in any such proceeding due to the
juvenile's age: PROVIDED, That if such an alleged offense or infraction and an
alleged offense or infraction subject to juvenile court jurisdiction arise out
of the same event or incident, the juvenile court may have jurisdiction of both
matters: PROVIDED FURTHER, That the jurisdiction under this subsection does
not constitute "transfer" or a "decline" for purposes of
RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts
of limited jurisdiction which confine juveniles for an alleged offense or
infraction may place juveniles in juvenile detention facilities under an
agreement with the officials responsible for the administration of the juvenile
detention facility in RCW 13.04.035 and 13.20.060;
(iv)
The alleged offense is a traffic or civil infraction, a violation of compulsory
school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a
court of limited jurisdiction has assumed concurrent jurisdiction over those
offenses as provided in RCW 13.04.0301; or
(v)
The juvenile is sixteen or seventeen years old and the alleged offense is:
(A)
A serious violent offense as defined in RCW 9.94A.030;
(B)
A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal
history consisting of: (I) One or more prior serious violent offenses; (II)
two or more prior violent offenses; or (III) three or more of any combination
of the following offenses: Any class A felony, any class B felony, vehicular
assault, or manslaughter in the second degree, all of which must have been
committed after the juvenile's thirteenth birthday and prosecuted separately;
(C)
Robbery in the first degree, rape of a child in the first degree, or drive-by
shooting, committed on or after July 1, 1997;
(D)
Burglary in the first degree committed on or after July 1, 1997, and the
juvenile has a criminal history consisting of one or more prior felony or
misdemeanor offenses; or
(E)
Any violent offense as defined in RCW 9.94A.030 committed on or after July 1,
1997, and the juvenile is alleged to have been armed with a firearm.
In
such a case the adult criminal court shall have exclusive original
jurisdiction.
If
the juvenile challenges the state's determination of the juvenile's criminal
history under (e)(v) of this subsection, the state may establish the offender's
criminal history by a preponderance of the evidence. If the criminal history
consists of adjudications entered upon a plea of guilty, the state shall not
bear a burden of establishing the knowing and voluntariness of the plea;
(f)
Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(g)
Relating to termination of a diversion agreement under RCW 13.40.080, including
a proceeding in which the divertee has attained eighteen years of age;
(h)
Relating to court validation of a voluntary consent to an out-of-home placement
under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child,
except if the parent or Indian custodian and child are residents of or
domiciled within the boundaries of a federally recognized Indian reservation
over which the tribe exercises exclusive jurisdiction;
(i)
Relating to petitions to compel disclosure of information filed by the
department of social and health services pursuant to RCW 74.13.042; and
(j)
Relating to judicial determinations and permanency planning hearings involving
developmentally disabled children who have been placed in out-of-home care
pursuant to a voluntary placement agreement between the child's parent,
guardian, or legal custodian and the department of social and health services.
(2)
The family court shall have concurrent original jurisdiction with the juvenile
court over all proceedings under this section if the superior court judges of a
county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3)
The juvenile court shall have concurrent original jurisdiction with the
family court over child custody proceedings under chapter 26.10 RCW as provided
for in section 1 of this act.
(4)
A juvenile subject to adult superior court jurisdiction under subsection
(1)(e)(i) through (v) of this section, who is detained pending trial, may be
detained in a detention facility as defined in RCW 13.40.020 pending sentencing
or a dismissal.
Sec.
3. RCW
26.10.030 and 1998 c 130 s 4 are each amended to read as follows:
(1)
Except as authorized for proceedings brought under chapter 13.34 RCW, or
chapter 26.50 RCW in district or municipal courts, a child custody
proceeding is commenced in the superior court by a person other than a parent,
by filing a petition seeking custody of the child in the county where the child
is permanently resident or where the child is found, but only if the child is
not in the physical custody of one of its parents or if the petitioner alleges
that neither parent is a suitable custodian. In proceedings in which the
juvenile court has not exercised concurrent jurisdiction and prior to a
child custody hearing, the court shall determine if the child is the subject of
a pending dependency action.
(2)
Notice of a child custody proceeding shall be given to the child's parent,
guardian and custodian, who may appear and be heard and may file a responsive
pleading. The court may, upon a showing of good cause, permit the intervention
of other interested parties.
Sec.
4. RCW
13.34.145 and 1999 c 267 s 17 are each amended to read as follows:
(1)
A permanency plan shall be developed no later than sixty days from the time the
supervising agency assumes responsibility for providing services, including
placing the child, or at the time of a hearing under RCW 13.34.130, whichever
occurs first. The permanency planning process continues until a permanency
planning goal is achieved or dependency is dismissed. The planning process
shall include reasonable efforts to return the child to the parent's home.
(a)
Whenever a child is placed in out-of-home care pursuant to RCW 13.34.130, the
agency that has custody of the child shall provide the court with a written
permanency plan of care directed towards 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, guardian, or legal custodian; adoption; guardianship; permanent legal
custody; long-term relative or foster care, until the child is age eighteen,
with a written agreement between the parties and the care provider; a
responsible living skills program; and independent living, if appropriate and
if the child is age sixteen or older and the provisions of subsection (2) of
this section are met.
(b)
The identified outcomes and goals of the permanency plan may change over time
based upon the circumstances of the particular case.
(c)
Permanency planning goals should be achieved at the earliest possible date,
preferably before the child has been in out-of-home care for fifteen months.
In cases where parental rights have been terminated, the child is legally free
for adoption, and adoption has been identified as the primary permanency
planning goal, it shall be a goal to complete the adoption within six months
following entry of the termination order.
(d)
For purposes related to permanency planning:
(i)
"Guardianship" means a dependency guardianship pursuant to this
chapter, a legal guardianship pursuant to chapter 11.88 RCW, or equivalent laws
of another state or a federally recognized Indian tribe.
(ii)
"Permanent custody order" means a custody order entered pursuant to
chapter 26.10 RCW.
(iii)
"Permanent legal custody" means legal custody pursuant to chapter
26.10 RCW or equivalent laws of another state or of a federally recognized
Indian tribe.
(2)
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.
(3)
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,
guardianship order, or permanent custody order has not previously been
entered. The hearing shall take place no later than twelve months following
commencement of the current placement episode.
(4)
Whenever a child is removed from the home of a dependency guardian or long-term
relative or foster care provider, and the child is not returned to the home of
the parent, guardian, or legal custodian but is placed in out-of-home care, a
permanency planning hearing shall take place no later than twelve months, as
provided in subsection (3) of this section, following the date of removal
unless, prior to the hearing, the child returns to the home of the dependency
guardian or long-term care provider, the child is placed in the home of the
parent, guardian, or legal custodian, an adoption decree, guardianship order,
or permanent custody order is entered, or the dependency is dismissed.
(5)
No later than ten working days prior to the permanency planning hearing, the
agency having custody of the child shall submit a written permanency plan to
the court and shall mail a copy of the plan to all parties and their legal
counsel, if any.
(6)
At the permanency planning hearing, the court shall enter findings as required
by RCW 13.34.130(7) and shall review the permanency plan prepared by the
agency. If the child has resided in the home of a foster parent or relative for
more than six months prior to the permanency planning hearing, the court shall
also enter a finding regarding whether the foster parent or relative was
informed of the hearing as required in RCW 74.13.280 and 13.34.130(7). If a
goal of long-term foster or relative care has been achieved prior to 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 remain
appropriate. In cases where the primary permanency planning goal has not yet
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. In all cases, the court shall:
(a)(i)
Order the permanency plan prepared by the agency to be implemented; or
(ii)
Modify the permanency plan, and order implementation of the modified plan; and
(b)(i)
Order the child returned home only if the court finds that a reason for removal
as set forth in RCW 13.34.130 no longer exists; or
(ii)
Order the child to remain in out-of-home care for a limited specified time
period while efforts are made to implement the permanency plan.
(7)
If the court orders the child returned home, casework supervision shall continue
for at least six months, at which time a review hearing shall be held pursuant
to RCW 13.34.130(7), and the court shall determine the need for continued
intervention.
(8)
((Continued)) The juvenile court ((jurisdiction under this
chapter shall not be a barrier to the entry of an order establishing a legal
guardianship or)) may hear a petition for permanent legal custody
when((,)) (a) the court has ordered implementation of a permanency plan
that includes ((legal guardianship or)) permanent legal custody, and (b)
the party pursuing the ((legal guardianship or)) permanent legal custody
is the party identified in the permanency plan as the prospective legal ((guardian
or)) custodian. During the pendency of such proceeding, juvenile court
shall conduct review hearings and further permanency planning hearings as
provided in this chapter. At the conclusion of the legal guardianship or
permanent legal custody proceeding, a juvenile court hearing shall be held for
the purpose of determining whether dependency should be dismissed. If a
guardianship or permanent custody order has been entered, the dependency shall
be dismissed.
(9)
Continued juvenile court jurisdiction under this chapter shall not be a
barrier to the entry of an order establishing a legal guardianship or permanent
legal custody when the requirements of subsection (8) of this section are met.
(10)
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 dependency is
dismissed, whichever occurs first.
(((10)))
(11) Except as otherwise provided in RCW 13.34.235, the status of all
dependent children shall continue to be reviewed by the court at least once
every six months, in accordance with RCW 13.34.130(7), until the dependency is
dismissed. Prior to the second permanency planning hearing, the agency that
has custody of the child shall consider whether to file a petition for termination
of parental rights.
(((11)))
(12) Nothing in this chapter may be construed to limit the ability of
the agency that has custody of the child to file a petition for termination of
parental rights or a guardianship petition at any time following the
establishment of dependency. Upon the filing of such a petition, a
fact-finding hearing shall be scheduled and held in accordance with this
chapter unless the agency requests dismissal of the petition prior to the
hearing or unless the parties enter an agreed order terminating parental
rights, establishing guardianship, or otherwise resolving the matter.
(((12)))
(13) The approval of a permanency plan that does not contemplate return
of the child to the parent does not relieve the supervising agency of its
obligation to provide reasonable services, under this chapter, intended to
effectuate the return of the child to the parent, including but not limited to,
visitation rights.
(((13)))
(14) Nothing in this chapter may be construed to limit the procedural
due process rights of any party in a termination or guardianship proceeding
filed under this chapter.
