E2SHB 3205 -
By Committee on Ways & Means
ADOPTED AND ENGROSSED 03/06/08
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that meeting the
needs of vulnerable children who enter the child welfare system
includes protecting the child's right to a safe, stable, and permanent
home where the child receives basic nurturing. The legislature also
finds that according to measures of timely dependency case processing,
many children's cases are not meeting the federal and state standards
intended to promote child-centered decision making in dependency cases.
The legislature intends to encourage a greater focus on children's
developmental needs and to promote closer adherence to timeliness
standards in the resolution of dependency cases.
Sec. 2 RCW 13.34.136 and 2007 c 413 s 7 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.
(2) The agency supervising the dependency shall submit a written
permanency plan to all parties and the court not less than fourteen
days prior to the scheduled hearing. Responsive reports of parties not
in agreement with the supervising agency's proposed permanency plan
must be provided to the supervising agency, all other parties, and the
court at least seven days prior to the hearing.
The permanency plan shall include:
(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(((4)))
(5), 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) Visitation is the right of the family, including the child and
the parent, in cases in which visitation is in the best interest of the
child. Early, consistent, and frequent visitation is crucial for
maintaining parent-child relationships and making it possible for
parents and children to safely reunify. The agency shall encourage the
maximum parent and child and sibling contact possible, when it is in
the best interest of the child, including regular visitation and
participation by the parents in the care of the child while the child
is in placement. Visitation shall not be limited as a sanction for a
parent's failure to comply with court orders or services where the
health, safety, or welfare of the child is not at risk as a result of
the visitation. 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. The court and the agency should
rely upon community resources, relatives, foster parents, and other
appropriate persons to provide transportation and supervision for
visitation to the extent that such resources are available, and
appropriate, and the child's safety would not be compromised.
(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 plan shall state whether both in-state and, where
appropriate, out-of-state placement options have been considered by the
department.
(v) Unless it is not in the best interests of the child, whenever
practical, the plan should ensure the child remains enrolled in the
school the child was attending at the time the child entered foster
care.
(vi) 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(((4))) (5),
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.
(3) Permanency planning goals should be achieved at the earliest
possible date, ((preferably before)). If the child has been in out-of-home care for fifteen of the most recent twenty-two months, the court
shall require the department to file a petition seeking termination of
parental rights in accordance with RCW 13.34.145(3)(b)(vi). 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.
(4) 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.
(5) The identified outcomes and goals of the permanency plan may
change over time based upon the circumstances of the particular case.
(6) The court shall consider the child's relationships with the
child's siblings in accordance with RCW 13.34.130(3).
(7) For purposes related to permanency planning:
(a) "Guardianship" means a dependency guardianship or a legal
guardianship pursuant to chapter 11.88 RCW or equivalent laws of
another state or a federally recognized Indian tribe.
(b) "Permanent custody order" means a custody order entered
pursuant to chapter 26.10 RCW.
(c) "Permanent legal custody" means legal custody pursuant to
chapter 26.10 RCW or equivalent laws of another state or a federally
recognized Indian tribe.
Sec. 3 RCW 13.34.145 and 2007 c 413 s 9 are each amended to read
as follows:
(1) The purpose of a permanency planning hearing is to review the
permanency plan for the child, inquire into the welfare of the child
and progress of the case, and reach decisions regarding the permanent
placement of the child.
(a) 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.
(b) 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 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.
(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.
(2) 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.
(3) At the permanency planning hearing, the court shall conduct the
following inquiry:
(a) 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.
(b) 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. The court shall
review the permanency plan prepared by the agency and make explicit
findings regarding each of the following:
(i) The continuing necessity for, and the safety and
appropriateness of, the placement;
(ii) The extent of compliance with the permanency plan by the
agency and any other service providers, the child's parents, the child,
and the child's guardian, if any;
(iii) The extent of any efforts to involve appropriate service
providers in addition to agency staff in planning to meet the special
needs of the child and the child's parents;
(iv) The progress toward eliminating the causes for the child's
placement outside of his or her home and toward returning the child
safely to his or her home or obtaining a permanent placement for the
child;
(v) The date by which it is likely that the child will be returned
to his or her home or placed for adoption, with a guardian or in some
other alternative permanent placement; and
(vi) If the child has been placed outside of his or her home for
fifteen of the most recent twenty-two months, not including any period
during which the child was a runaway from the out-of-home placement or
the first six months of any period during which the child was returned
to his or her home for a trial home visit, the appropriateness of the
permanency plan, whether reasonable efforts were made by the agency to
achieve the goal of the permanency plan, and the circumstances which
prevent the child from any of the following:
(A) Being returned safely to his or her home;
(B) Having a petition for the involuntary termination of parental
rights filed on behalf of the child;
(C) Being placed for adoption;
(D) Being placed with a guardian;
(E) Being placed in the home of a fit and willing relative of the
child; or
(F) Being placed in some other alternative permanent placement,
including independent living or long-term foster care.
At this hearing, the court shall order the department to file a
petition seeking termination of parental rights if the child has been
in out-of-home care for fifteen of the last twenty-two months since the
date the dependency petition was filed unless the court makes a good
cause exception as to why the filing of a termination of parental
rights petition is not appropriate. Any good cause finding shall be
reviewed at all subsequent hearings pertaining to the child. For
purposes of this section, "good cause exception" includes but is not
limited to the following: The child is being cared for by a relative;
the department has not provided to the child's family such services as
the court and the department have deemed necessary for the child's safe
return home; or the department has documented in the case plan a
compelling reason for determining that filing a petition to terminate
parental rights would not be in the child's best interests.
(c)(i) If the permanency plan identifies independent living as a
goal, 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 prior to approving
independent living as a permanency plan of care.
(ii) The permanency 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.
(iii) 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.
(d) 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)), 13.34.215(5), and 13.34.096.
(4) In all cases, at the permanency planning hearing, 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.
(5) 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.
(6) 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.
(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) 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.
(11) 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.
(12) 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.
NEW SECTION. Sec. 4 If specific funding for the purposes of
sections 2 and 3 of this act, referencing sections 2 and 3 of this act
by bill or chapter number and section number, is not provided by June
30, 2008, in the omnibus appropriations act, sections 2 and 3 of this
act are null and void.
Sec. 5 RCW 43.121.185 and 2007 c 466 s 4 are each amended to read
as follows:
To recognize the focus on home visitation services, ((the
Washington council for the prevention of child abuse and neglect is
hereby renamed)) the children's trust of Washington is hereby renamed
the council for children and families. ((All references to the
Washington council for the prevention of child abuse and neglect in the
Revised Code of Washington shall be construed to mean the children's
trust of Washington.))
Sec. 6 RCW 43.121.180 and 2007 c 466 s 3 are each amended to read
as follows:
(1) Within available funds, the ((children's trust of Washington))
council for children and families shall fund evidence-based and
research-based home visitation programs for improving parenting skills
and outcomes for children. Home visitation programs must be voluntary
and must address the needs of families to alleviate the effect on child
development of factors such as poverty, single parenthood, parental
unemployment or underemployment, parental disability, or parental lack
of high school diploma, which research shows are risk factors for child
abuse and neglect and poor educational outcomes.
(2) The ((children's trust of Washington)) council for children and
families shall develop a plan with the department of social and health
services, the department of health, the department of early learning,
and the family policy council to coordinate or consolidate home
visitation services for children and families and report to the
appropriate committees of the legislature by December 1, 2007, with
their recommendations for implementation of the plan.
Sec. 7 RCW 43.121.020 and 2007 c 144 s 1 are each amended to read
as follows:
(1) There is established in the executive office of the governor a
((Washington council for the prevention of child abuse and neglect))
council for children and families subject to the jurisdiction of the
governor.
(2) The council shall be composed of the chairperson and fourteen
other members as follows:
(a) The chairperson and six other members shall be appointed by the
governor and shall be selected for their interest and expertise in the
prevention of child abuse. A minimum of four designees by the governor
shall not be affiliated with governmental agencies. The appointments
shall be made on a geographic basis to assure statewide representation.
Members appointed by the governor shall serve for three-year terms.
Vacancies shall be filled for any unexpired term by appointment in the
same manner as the original appointments were made.
(b) The secretary of social and health services or the secretary's
designee, the superintendent of public instruction or the
superintendent's designee, the director of the department of early
learning or the director's designee, and the secretary of the
department of health or the secretary's designee shall serve as voting
members of the council.
(c) In addition to the members of the council, four members of the
legislature shall serve as nonvoting, ex officio members of the
council, one from each political caucus of the house of representatives
to be appointed by the speaker of the house of representatives and one
from each political caucus of the senate to be appointed by the
president of the senate.
Sec. 8 RCW 43.121.015 and 1988 c 278 s 4 are each amended to read
as follows:
As used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Child" means an unmarried person who is under eighteen years
of age.
(2) "Council" means the ((Washington council for the prevention of
child abuse and neglect)) council for children and families.
(3) "Primary prevention" of child abuse and neglect means any
effort designed to inhibit or preclude the initial occurrence of child
abuse and neglect, both by the promotion of positive parenting and
family interaction, and the remediation of factors linked to causes of
child maltreatment.
(4) "Secondary prevention" means services and programs that
identify and assist families under such stress that abuse or neglect is
likely or families display symptoms associated with child abuse or
neglect.
Sec. 9 RCW 43.15.020 and 2006 c 317 s 4 are each amended to read
as follows:
The lieutenant governor serves as president of the senate and is
responsible for making appointments to, and serving on, the committees
and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and
committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW
28B.07.030;
(c) Productivity board, also known as the employee involvement and
recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the
senate, appoints members to the following boards and committees:
(a) Organized crime advisory board, RCW 43.43.858;
(b) Civil legal aid oversight committee, RCW 2.53.010;
(c) Office of public defense advisory committee, RCW 2.70.030;
(d) Washington state gambling commission, RCW 9.46.040;
(e) Sentencing guidelines commission, RCW 9.94A.860;
(f) State building code council, RCW 19.27.070;
(g) Women's history consortium board of advisors, RCW 27.34.365;
(h) Financial literacy public-private partnership, RCW 28A.300.450;
(i) Joint administrative rules review committee, RCW 34.05.610;
(j) Capital projects advisory review board, RCW ((39.10.800))
39.10.220;
(k) Select committee on pension policy, RCW 41.04.276;
(l) Legislative ethics board, RCW 42.52.310;
(m) Washington citizens' commission on salaries, RCW 43.03.305;
(n) Oral history advisory committee, RCW 43.07.230;
(o) State council on aging, RCW 43.20A.685;
(p) State investment board, RCW 43.33A.020;
(q) Capitol campus design advisory committee, RCW 43.34.080;
(r) Washington state arts commission, RCW 43.46.015;
(s) Information services board, RCW 43.105.032;
(t) K-20 educational network board, RCW 43.105.800;
(u) Municipal research council, RCW 43.110.010;
(v) ((Washington council for the prevention of child abuse and
neglect)) Council for children and families, RCW 43.121.020;
(w) PNWER-Net working subgroup under chapter 43.147 RCW;
(x) Community economic revitalization board, RCW 43.160.030;
(y) Washington economic development finance authority, RCW
43.163.020;
(z) Tourism development advisory committee, RCW 43.330.095;
(aa) Life sciences discovery fund authority, RCW 43.350.020;
(bb) Legislative children's oversight committee, RCW 44.04.220;
(cc) Joint legislative audit and review committee, RCW 44.28.010;
(dd) Joint committee on energy supply and energy conservation, RCW
44.39.015;
(ee) Legislative evaluation and accountability program committee,
RCW 44.48.010;
(ff) Agency council on coordinated transportation, RCW 47.06B.020;
(gg) Manufactured housing task force, RCW 59.22.090;
(hh) Washington horse racing commission, RCW 67.16.014;
(ii) Correctional industries board of directors, RCW 72.09.080;
(jj) Joint committee on veterans' and military affairs, RCW
73.04.150;
(kk) Washington state parks centennial advisory committee, RCW
79A.75.010;
(ll) Puget Sound council, RCW 90.71.030;
(mm) Joint legislative committee on water supply during drought,
RCW 90.86.020;
(nn) Statute law committee, RCW 1.08.001; and
(oo) Joint legislative oversight committee on trade policy, RCW
44.55.020."
E2SHB 3205 -
By Committee on Ways & Means
ADOPTED AND ENGROSSED 03/06/08
On page 1, line 1 of the title, after "children;" strike the remainder of the title and insert "amending RCW 13.34.136, 13.34.145, 43.121.185, 43.121.180, 43.121.020, 43.121.015, and 43.15.020; and creating new sections."