BILL REQ. #:  H-1652.1 

Read first time 02/07/2007.   Referred to Committee on Early Learning & Children's Services.

     AN ACT Relating to termination of parental rights petitions; and amending RCW 13.34.132.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 13.34.132 and 2000 c 122 s 16 are each amended to read as follows:
     A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:
     (1) The court has removed the child from his or her home pursuant to RCW 13.34.130;
     (2) Termination is recommended by the supervising agency;
     (3) Termination is in the best interests of the child; and
     (4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
     (a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
     (b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
     (c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
     (d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
     (e) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;
     (f) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
     (g) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
     (h) An infant under three years of age has been abandoned;
     (i) Eighteen months have passed since the child was removed from the home and the parent has indicated that he or she is unwilling to care for the child or has failed to have contact with the child;
     (j) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020.