State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/21/14. Referred to Committee on Judiciary.
AN ACT Relating to filing a petition seeking termination of parental rights; and reenacting and amending RCW 13.34.138.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.34.138 and 2009 c 520 s 29, 2009 c 491 s 3, 2009 c
397 s 4, and 2009 c 152 s 1 are each reenacted and amended to read as
follows:
(1) 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. The purpose of the hearing shall be to review the
progress of the parties and determine whether court supervision should
continue.
(a) 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 requirements for the initial review
hearing, including the in-court review requirement, shall be
accomplished within existing resources.
(b) The initial review hearing may be a permanency planning hearing
when necessary to meet the time frames set forth in RCW 13.34.145(1)(a)
or 13.34.134.
(2)(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 by the supervising agency or department shall continue for
a period of six months, at which time there shall be a hearing on the
need for continued intervention.
(b) Prior to the child returning home, the department or
supervising agency must complete the following:
(i) Identify all adults residing in the home and conduct background
checks on those persons;
(ii) Identify any persons who may act as a caregiver for the child
in addition to the parent with whom the child is being placed and
determine whether such persons are in need of any services in order to
ensure the safety of the child, regardless of whether such persons are
a party to the dependency. The department or supervising agency may
recommend to the court and the court may order that placement of the
child in the parent's home be contingent on or delayed based on the
need for such persons to engage in or complete services to ensure the
safety of the child prior to placement. If services are recommended
for the caregiver, and the caregiver fails to engage in or follow
through with the recommended services, the department or supervising
agency must promptly notify the court; and
(iii) Notify the parent with whom the child is being placed that he
or she has an ongoing duty to notify the department or supervising
agency of all persons who reside in the home or who may act as a
caregiver for the child both prior to the placement of the child in the
home and subsequent to the placement of the child in the home as long
as the court retains jurisdiction of the dependency proceeding or the
department is providing or monitoring either remedial services to the
parent or services to ensure the safety of the child to any caregivers.
Caregivers may be required to engage in services under this
subsection solely for the purpose of ensuring the present and future
safety of a child who is a ward of the court. This subsection does not
grant party status to any individual not already a party to the
dependency proceeding, create an entitlement to services or a duty on
the part of the department or supervising agency to provide services,
or create judicial authority to order the provision of services to any
person other than for the express purposes of this section or RCW
13.34.025 or if the services are unavailable or unsuitable or the
person is not eligible for such services.
(c) If the child is not returned home, the court shall establish in
writing:
(i) Whether the supervising agency or the department is making
reasonable efforts to provide services to the family and eliminate the
need for placement of the child. If additional services, including
housing assistance, are needed to facilitate the return of the child to
the child's parents, the court shall order that reasonable services be
offered specifying such services;
(ii) Whether there has been compliance with the case plan by the
child, the child's parents, and the agency supervising the placement;
(iii) Whether progress has been made toward correcting the problems
that necessitated the child's placement in out-of-home care;
(iv) Whether the services set forth in the case plan and the
responsibilities of the parties need to be clarified or modified due to
the availability of additional information or changed circumstances;
(v) Whether there is a continuing need for placement;
(vi) Whether a parent's homelessness or lack of suitable housing is
a significant factor delaying permanency for the child by preventing
the return of the child to the home of the child's parent and whether
housing assistance should be provided by the department or supervising
agency;
(vii) Whether the child is in an appropriate placement which
adequately meets all physical, emotional, and educational needs;
(viii) Whether preference has been given to placement with the
child's relatives if such placement is in the child's best interests;
(ix) Whether both in-state and, where appropriate, out-of-state
placements have been considered;
(x) Whether the parents have visited the child and any reasons why
visitation has not occurred or has been infrequent;
(xi) Whether terms of visitation need to be modified;
(xii) Whether the court-approved long-term permanent plan for the
child remains the best plan for the child;
(xiii) Whether any additional court orders need to be made to move
the case toward permanency; and
(xiv) The projected date by which the child will be returned home
or other permanent plan of care will be implemented.
(d) The court at the review hearing may order that a petition
seeking termination of the parent and child relationship be filed. If
the court determines that the child has been in out-of-home care for at
least twelve consecutive months following the filing of a dependency
petition and the parents have been noncompliant with court-ordered
services and have made no progress towards correcting parental
deficiencies, the court shall order that a petition seeking termination
of parent and child relationship be filed unless the court makes a good
cause exception based on the factors described in RCW 13.34.145.
(3)(a) In any case in which the court orders that a dependent child
may be returned to or remain in the child's home, the in-home placement
shall be contingent upon the following:
(i) The compliance of the parents with court orders related to the
care and supervision of the child, including compliance with the
supervising agency's case plan; and
(ii) The continued participation of the parents, if applicable, in
available substance abuse or mental health treatment if substance abuse
or mental illness was a contributing factor to the removal of the
child.
(b) The following may be grounds for removal of the child from the
home, subject to review by the court:
(i) Noncompliance by the parents with the department's or
supervising agency's case plan or court order;
(ii) The parent's inability, unwillingness, or failure to
participate in available services or treatment for themselves or the
child, including substance abuse treatment if a parent's substance
abuse was a contributing factor to the abuse or neglect; or
(iii) The failure of the parents to successfully and substantially
complete available services or treatment for themselves or the child,
including substance abuse treatment if a parent's substance abuse was
a contributing factor to the abuse or neglect.
(c) In a pending dependency case in which the court orders that a
dependent child may be returned home and that child is later removed
from the home, the court shall hold a review hearing within thirty days
from the date of removal to determine whether the permanency plan
should be changed, a termination petition should be filed, or other
action is warranted. The best interests of the child shall be the
court's primary consideration in the review hearing.
(4) The court's authority to order housing assistance under this
chapter is: (a) Limited to cases in which a parent's homelessness or
lack of suitable housing is a significant factor delaying permanency
for the child and housing assistance would aid the parent in providing
an appropriate home for the child; and (b) subject to the availability
of funds appropriated for this specific purpose. Nothing in this
chapter shall be construed to create an entitlement to housing
assistance nor to create judicial authority to order the provision of
such assistance to any person or family if the assistance or funding
are unavailable or the child or family are not eligible for such
assistance.
(5) The court shall consider the child's relationship with siblings
in accordance with RCW 13.34.130(((3))) (6).