SHB 1800

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of March 23, 2015

Title: An act relating to filing a petition seeking termination of parental rights.

Brief Description: Concerning filing a petition seeking termination of parental rights.

Sponsors: House Committee on Early Learning & Human Services (originally sponsored by Representatives Hargrove, Kagi and Walsh).

Brief History: Passed House: 3/09/15, 98-0.

Committee Activity: Human Services, Mental Health & Housing: 3/19/15.


Staff: Alison Mendiola (786-7444)

Background: Dependency Court System. The Department of Social and Health Services (DSHS) may file a petition in court alleging that a child should be a dependent of the state due to abuse, neglect, or because there is no parent, guardian, or custodian capable of adequately caring for the child.

If a court determines that a child is dependent, then the court will conduct periodic reviews and make determinations regarding the child's placement, the provision of services by DSHS, compliance of the parents, and whether progress has been made by the parents.

Under certain circumstances, after a child has been removed from the custody of a parent for at least six months pursuant to a finding of dependency, a petition may be filed seeking termination of parental rights.

Adoption and Safe Families Act. The federal Adoption and Safe Families Act of 1997 (ASFA) requires child welfare agencies to file a petition seeking termination of parental rights if a child has been in out-of-home care for 15 of the most recent 22 months, unless the court makes a good-cause exception as to why the filing of a termination petition is not appropriate.

Good-Cause Exceptions Not to File a Termination Petition. In Washington, good cause exceptions not to file a termination petition when a child has been in out-of-home care for 15 out of the last 22 months include, but are not limited to, the following:

Department Policy Regarding Filing Termination Petition. DSHS may file a termination petition after a child has been removed from the custody of a parent pursuant to a dependency petition for six months, and before being ordered to file such petition.

According to DSHS policy, a termination petition must be submitted to the Office of the Attorney General by the end of the child's twelfth month in out-of-home care or sooner, when it is in the child's best interest and:

A termination of parental rights petition may be considered earlier in the dependency process when the parents have failed to engage in services and the child has been in care for 90 days since the disposition.

Summary of Bill: The court must order a petition seeking termination of the parent and child relationship be filed if:

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill serves children by achieving permanency sooner, when permanency is in the best interest of the child. This also provides notice to everyone else involved, including the parents. The rug is not yanked out from under the family, as a petition takes time, it's not automatic.

Persons Testifying: PRO: Representative Hargrove, prime sponsor.

Persons Signed in to Testify But Not Testifying: No one.