Passed by the Senate April 21, 2003 YEAS 43   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 14, 2003 YEAS 93   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5779 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary | |
Approved May 12, 2003. GARY LOCKE ________________________________________ Governor of the State of Washington | May 12, 2003 - 4:05 p.m. Secretary of State State of Washington |
State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 02/24/03.
AN ACT Relating to sibling relationships for dependent children; amending RCW 13.34.030, 13.34.130, 13.34.136, 13.34.138, 13.34.200, and 13.34.210; reenacting and amending RCW 13.34.145; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature to
recognize the importance of emotional ties formed by siblings with each
other, especially in those circumstances which warrant court
intervention into family relationships. It is the intent of the
legislature to encourage the courts and public agencies which deal with
families to acknowledge and give thoughtful consideration to the
quality and nature of sibling relationships when intervening in family
relationships. It is not the intent of the legislature to create legal
obligations or responsibilities between siblings and other family
members whether by blood or marriage, step families, foster families,
or adopted families that do not already exist. Neither is it the
intent of the legislature to mandate sibling placement, contact, or
visitation if there is reasonable cause to believe that the health,
safety, or welfare of a child or siblings would be jeopardized.
Finally,
it is not the intent of the legislature to manufacture or
anticipate family relationships which do not exist at the time of the
court intervention, or to disrupt already existing positive family
relationships.
Sec. 2 RCW 13.34.030 and 2002 c 52 s 3 are each amended to read
as follows:
For purposes of this chapter:
(1) "Abandoned" means when the child's parent, guardian, or other
custodian has expressed, either by statement or conduct, an intent to
forego, for an extended period, parental rights or responsibilities
despite an ability to exercise such rights and responsibilities. If
the court finds that the petitioner has exercised due diligence in
attempting to locate the parent, no contact between the child and the
child's parent, guardian, or other custodian for a period of three
months creates a rebuttable presumption of abandonment, even if there
is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under the age of
eighteen years.
(3) "Current placement episode" means the period of time that
begins with the most recent date that the child was removed from the
home of the parent, guardian, or legal custodian for purposes of
placement in out-of-home care and continues until: (a) The child
returns home; (b) an adoption decree, a permanent custody order, or
guardianship order is entered; or (c) the dependency is dismissed,
whichever occurs first.
(4) "Dependency guardian" means the person, nonprofit corporation,
or Indian tribe appointed by the court pursuant to this chapter for the
limited purpose of assisting the court in the supervision of the
dependency.
(5) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44 RCW by a
person legally responsible for the care of the child; or
(c) Has no parent, guardian, or custodian capable of adequately
caring for the child, such that the child is in circumstances which
constitute a danger of substantial damage to the child's psychological
or physical development.
(6) "Developmental disability" means a disability attributable to
mental retardation, cerebral palsy, epilepsy, autism, or another
neurological or other condition of an individual found by the secretary
to be closely related to mental retardation or to require treatment
similar to that required for individuals with mental retardation, which
disability originates before the individual attains age eighteen, which
has continued or can be expected to continue indefinitely, and which
constitutes a substantial handicap to the individual.
(7) "Guardian" means the person or agency that: (a) Has been
appointed as the guardian of a child in a legal proceeding other than
a proceeding under this chapter; and (b) has the legal right to custody
of the child pursuant to such appointment. The term "guardian" shall
not include a "dependency guardian" appointed pursuant to a proceeding
under this chapter.
(8) "Guardian ad litem" means a person, appointed by the court to
represent the best interests of a child in a proceeding under this
chapter, or in any matter which may be consolidated with a proceeding
under this chapter. A "court-appointed special advocate" appointed by
the court to be the guardian ad litem for the child, or to perform
substantially the same duties and functions as a guardian ad litem,
shall be deemed to be guardian ad litem for all purposes and uses of
this chapter.
(9) "Guardian ad litem program" means a court-authorized volunteer
program, which is or may be established by the superior court of the
county in which such proceeding is filed, to manage all aspects of
volunteer guardian ad litem representation for children alleged or
found to be dependent. Such management shall include but is not
limited to: Recruitment, screening, training, supervision, assignment,
and discharge of volunteers.
(10) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public assistance:
Temporary assistance for needy families, general assistance, poverty-related veterans' benefits, food stamps or food stamp benefits
transferred electronically, refugee resettlement benefits, medicaid, or
supplemental security income; or
(b) Involuntarily committed to a public mental health facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the matter
before the court because his or her available funds are insufficient to
pay any amount for the retention of counsel.
(11) "Out-of-home care" means placement in a foster family home or
group care facility licensed pursuant to chapter 74.15 RCW or placement
in a home, other than that of the child's parent, guardian, or legal
custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(12) "Preventive services" means preservation services, as defined
in chapter 74.14C RCW, and other reasonably available services,
including housing services, capable of preventing the need for out-of-home placement while protecting the child. Housing services may
include, but are not limited to, referrals to federal, state, local, or
private agencies or organizations, assistance with forms and
applications, or financial subsidies for housing.
(13) "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 RCW 74.15.030.
(14) "Sibling" means a child's birth brother, birth sister,
adoptive brother, adoptive sister, half-brother, or half-sister, or as
defined by the law or custom of the Indian child's tribe for an Indian
child as defined in 25 U.S.C. Sec. 1903(4).
(15) "Social study" means a written evaluation of matters relevant
to the disposition of the case and shall contain the following
information:
(a) A statement of the specific harm or harms to the child that
intervention is designed to alleviate;
(b) A description of the specific services and activities, for both
the parents and child, that are needed in order to prevent serious harm
to the child; the reasons why such services and activities are likely
to be useful; the availability of any proposed services; and the
agency's overall plan for ensuring that the services will be delivered.
The description shall identify the services chosen and approved by the
parent;
(c) If removal is recommended, a full description of the reasons
why the child cannot be protected adequately in the home, including a
description of any previous efforts to work with the parents and the
child in the home; the in-home treatment programs that have been
considered and rejected; the preventive services that 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 the parents' attitude toward
placement of the child;
(d) A statement of the likely harms the child will suffer as a
result of removal;
(e) A description of the steps that will be taken to minimize the
harm to the child that may result if separation occurs including an
assessment of the child's relationship and emotional bond with any
siblings, and the agency's plan to provide ongoing contact between the
child and the child's siblings if appropriate; and
(f) Behavior that will be expected before determination that
supervision of the family or placement is no longer necessary.
Sec. 3 RCW 13.34.130 and 2002 c 52 s 5 are each 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 social study 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 determining the disposition, the court
should choose those services, including housing assistance, that least
interfere with family autonomy and are adequate to protect the child.
(b) Order the child to be removed from his or her home and into the
custody, control, and care of a relative or the department 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 health, 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: (i) Related to the child as defined in RCW
74.15.020(2)(a) with whom the child has a relationship and is
comfortable; and (ii) willing and available to care for the child.
(2) 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:
(a) There is no parent or guardian available to care for such
child;
(b) The parent, guardian, or legal custodian is not willing to take
custody of the child; or
(c) 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.
(3) If the court has ordered a child removed from his or her home
pursuant to subsection (1)(b) of this section, the court shall consider
whether it is in ((the)) a child's best interest to be placed with,
have contact with, or have visits with siblings. ((The court must
consider ordering that such contact or visits take place))
(a) There shall be a presumption that such placement, contact, or
visits are in the best interests of the child provided that:
(((a))) (i) The court has jurisdiction over all siblings subject to
the order of placement, contact, or visitation pursuant to petitions
filed under this chapter or the parents of a child for whom there is no
jurisdiction are willing to agree; and
(((b) Contact or visitation is in the best interests of each child
covered by the court's order; and)) (ii) There is no reasonable cause to believe that the health,
safety, or welfare of any child subject to the order of placement,
contact, or visitation would be jeopardized or that efforts to reunite
the parent and child would be hindered by such placement, contact, or
visitation. In no event shall parental visitation time be reduced in
order to provide sibling visitation.
(c)
(b) The court may also order placement, contact, or visitation of
a child with a step-brother or step-sister provided that in addition to
the factors in (a) of this subsection, the child has a relationship and
is comfortable with the step-sibling.
(4) 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 requirements of RCW 13.34.132 are met.
(5) 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, sibling
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.
Sec. 4 RCW 13.34.136 and 2002 c 52 s 6 are each amended to read
as follows:
(1) 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; long-term relative or foster care, until the
child is age eighteen, with a written agreement between the parties and
the care provider; successful completion of a responsible living skills
program; or independent living, if appropriate and if the child is age
sixteen or older. 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 RCW 13.34.130(((3)))
(4), 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, what steps the agency will take to promote existing appropriate
sibling relationships and/or facilitate placement together or contact
in accordance with the best interests of each child, 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 to enable them to resume custody, what requirements the parents
must meet to resume custody, and a time limit for each service plan and
parental requirement.
(ii) The agency shall encourage the maximum ((parent-child)) parent
and child and sibling 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 has
existing contracts to purchase. It shall report to the court if it is
unable to provide such services; and
(c) If the court has ordered, pursuant to RCW 13.34.130(((3))) (4),
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 if the court orders a
termination petition be filed. However, reasonable efforts to ensure
visitation and contact between siblings shall be made unless there is
reasonable cause to believe the best interests of the child or siblings
would be jeopardized.
(2) 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.
(3) The court shall consider the child's relationships with the
child's siblings in accordance with RCW 13.34.130(3).
Sec. 5 RCW 13.34.138 and 2001 c 332 s 5 are each amended to read
as follows:
(1) 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
initial review hearing shall be an in-court review and shall be set six
months from the beginning date of the placement episode or no more than
ninety days from the entry of the disposition order, whichever comes
first. The initial review hearing may be a permanency planning hearing
when necessary to meet the time frames set forth in RCW 13.34.145(3) or
13.34.134. The review shall include findings regarding the agency and
parental completion of disposition plan requirements, and if necessary,
revised permanency time limits. This review shall consider both the
agency's and parent's efforts that demonstrate consistent measurable
progress over time in meeting the disposition plan requirements. The
requirements for the initial review hearing, including the in-court
requirement, shall be accomplished within existing resources. 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 RCW 13.34.130
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, including housing assistance,
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.
(2) The court's ability to order housing assistance under RCW
13.34.130 and this section is: (a) Limited to cases in which
homelessness or the lack of adequate and safe housing is the primary
reason for an out-of-home placement; and (b) subject to the
availability of funds appropriated for this specific purpose.
(3) The court shall consider the child's relationship with siblings
in accordance with RCW 13.34.130(3).
Sec. 6 RCW 13.34.145 and 2000 c 135 s 4 and 2000 c 122 s 20 are
each reenacted and 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, 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, 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 a 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 13.34.138 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 13.34.138. 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 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 13.34.138, and the court
shall determine the need for continued intervention.
(8) The juvenile court may hear a petition for permanent legal
custody when: (a) The court has ordered implementation of a permanency
plan that includes permanent legal custody; and (b) the party pursuing
the permanent legal custody is the party identified in the permanency
plan as the prospective legal custodian. During the pendency of such
proceeding, the 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.
(11) Except as 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 13.34.138, 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.
(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.
(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. The court shall
consider the child's relationships with siblings in accordance with RCW
13.34.130.
(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.
Sec. 7 RCW 13.34.200 and 2000 c 122 s 27 are each amended to read
as follows:
(1) Upon the termination of parental rights pursuant to RCW
13.34.180, all rights, powers, privileges, immunities, duties, and
obligations, including any rights to custody, control, visitation, or
support existing between the child and parent shall be severed and
terminated and the parent shall have no standing to appear at any
further legal proceedings concerning the child: PROVIDED, That any
support obligation existing prior to the effective date of the order
terminating parental rights shall not be severed or terminated. The
rights of one parent may be terminated without affecting the rights of
the other parent and the order shall so state.
(2) An order terminating the parent and child relationship shall
not disentitle a child to any benefit due the child from any third
person, agency, state, or the United States, nor shall any action under
this chapter be deemed to affect any rights and benefits that an Indian
child derives from the child's descent from a member of a federally
recognized Indian tribe.
(3) An order terminating the parent-child relationship shall
include a statement addressing the status of the child's sibling
relationships and the nature and extent of sibling placement, contact,
or visits.
Sec. 8 RCW 13.34.210 and 2000 c 122 s 28 are each amended to read
as follows:
If, upon entering an order terminating the parental rights of a
parent, there remains no parent having parental rights, the court shall
commit the child to the custody of the department or to a licensed
child-placing agency willing to accept custody for the purpose of
placing the child for adoption. If an adoptive home has not been
identified, the department or agency shall place the child in a
licensed
foster home, or take other suitable measures for the care and
welfare of the child. The custodian shall have authority to consent to
the adoption of the child consistent with chapter 26.33 RCW, the
marriage of the child, the enlistment of the child in the armed forces
of the United States, necessary surgical and other medical treatment
for the child, and to consent to such other matters as might normally
be required of the parent of the child.
If a child has not been adopted within six months after the date of
the order and a guardianship of the child under RCW 13.34.231 or
chapter 11.88 RCW, or a permanent custody order under chapter 26.10
RCW, has not been entered by the court, the court shall review the case
every six months until a decree of adoption is entered except for those
cases which are reviewed by a citizen review board under chapter 13.70
RCW. The supervising agency shall take reasonable steps to ensure that
the child maintains relationships with siblings as provided in RCW
13.34.130(3) and shall report to the court the status and extent of
such relationships.