BILL REQ. #: S-4055.1
_____________________________________________
SENATE BILL 6642
_____________________________________________| State of Washington | 58th Legislature | 2004 Regular Session |
By Senators Stevens, Hargrove, Schmidt, Carlson, Mulliken, Hewitt, Roach and McAuliffeRead first time 01/28/2004. Referred to Committee on Children & Family Services & Corrections.
AN ACT Relating to family group conferences following shelter care
hearings; and amending RCW 13.34.067, 13.34.062, and 13.34.094.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.34.067 and 2001 c 332 s 1 are each amended to read
as follows:
(1) Following shelter care and no later than twenty-five days prior
to fact-finding, the department((, upon the parent's request or counsel
for the parent's request,)) shall facilitate a family group conference
to develop and specify in a written service agreement the expectations
of both the department and the parent regarding the care and placement
of the child.
The department shall invite to the family group conference the
parent, counsel for the parent, the foster parent or other out-of-home
care provider, caseworker, guardian ad litem, counselor, or other
relevant health care provider, and any other person connected to the
development and well-being of the child.
The initial written service agreement expectations must correlate
with the court's findings at the shelter care hearing. The written
service agreement must set forth specific criteria that enables the
court to measure the performance of both the department and the parent,
and must be updated throughout the dependency process to reflect
changes in expectations. The service agreement must serve as the
unifying document for all expectations established in the department's
various case planning and case management documents and the findings
and orders of the court during dependency proceedings.
The court shall review the written service agreement at each stage
of the dependency proceedings and evaluate the performance of both the
department and the parent for consistent, measurable progress in
complying with the expectations identified in the agreement.
The ((case)) family group conference agreement must be agreed to
and signed by the parties. The court shall not consider the content of
the discussions at the ((case)) family group conference at the time of
the fact-finding hearing for the purposes of establishing that the
child is a dependent child, and the court shall not consider any
documents or written materials presented at the ((case)) family group
conference but not incorporated into the ((case)) family group
conference agreement, unless the documents or written materials were
prepared for purposes other than or as a result of the ((case)) family
group conference and are otherwise admissible under the rules of
evidence.
(2) At any other stage in a dependency proceeding, the department,
upon the parent's request, shall facilitate a ((case)) family group
conference.
Sec. 2 RCW 13.34.062 and 2001 c 332 s 2 are each amended to read
as follows:
(1) The written notice of custody and rights required by RCW
13.34.060 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 excluding Saturdays, Sundays,
and holidays. 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. Your right to representation continues after the shelter care
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 any shelter care 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) .
5. You ((may request that the department facilitate)) have a right
to a ((case)) family group conference facilitated by the department to
develop a written service agreement following the shelter care hearing.
The service agreement may not conflict with the court's order of
shelter care. You may request that a multidisciplinary team((, family
group conference,)) or prognostic staffing((, or case conference)) be
convened for your child's case. You may participate in these processes
with your counsel present."
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.
(2) If child protective services is not required to give notice
under RCW 13.34.060(2) and subsection (1) 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.
(3) Reasonable efforts to advise and to give notice, as required in
RCW 13.34.060(2) and subsections (1) and (2) 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 petitioner 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.
(4) 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 RCW 13.34.060(2) and subsections (1) and (2) 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.
(5) A shelter care order issued pursuant to RCW 13.34.065 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 placed in shelter care for longer
than thirty days without an order, signed by the judge, authorizing
continued shelter care.
(6) 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. Upon the request of the parent, the
court shall schedule the hearing 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.
Sec. 3 RCW 13.34.094 and 2001 c 332 s 6 are each amended to read
as follows:
The department shall, within existing resources, provide to parents
requesting or participating in a multidisciplinary team, family group
conference, or prognostic staffing((, or case conference,)) information
that describes these processes prior to the processes being undertaken.
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