HOUSE BILL REPORT

EHB 1588

BYRepresentatives Anderson, Winsley, Brekke, Leonard, Jacobsen, Cole, Crane and Rust

Revising certain procedures governing dependency proceedings.

House Committe on Human Services

Majority Report:  Do pass with amendment.  (9)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, Moyer, Padden, H. Sommers, Sutherland and Winsley.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE FEBRUARY 10, 1988

BACKGROUND:

Currently there is no person or party specified as to who may file a termination of parental rights petition.  The termination petition is filed after dependency has been found for a child. The petition for dependency can be filed by any person.

When a petition for dependency has been filed, the parent, legal guardian or custodian of the child is issued a summons to appear in court for the dependency proceedings.  When that summons cannot be delivered through personal service, provision for publication is made.

The Washington State Code Review Panel recommends two housekeeping changes to the dependency statute to clarify who may file a termination petition and smooth the technical process for announcing a summons to appear for dependency proceedings.

SUMMARY:

The termination of parental rights petition may be filed by the Department of Social and Health Services or any licensed child-placing agency who is a party to the dependency proceeding.

A summons that is undeliverable by personal service may simultaneously be published when there is reason to believe that personal service or service by mail will be unsuccessful.

EFFECT OF SENATE AMENDMENT(S):  Allows any party to the dependency proceeding to file a termination of parental rights instead of just the Department of Social and Health Services or other licensed child-placing agency.

Fiscal Note:      Requested January 20, 1988.

House Committee ‑ Testified For:    Brian Linn, Lutheran Social Services of Washington; and Lee Ann Miller, Department of Social and Health Services.

House Committee - Testified Against:      Bailey DeIongh, Office of the Public Defender, Seattle.

House Committee - Testimony For:    Currently there is no definition of who may file a termination petition leading to decisions being made on a case-by-case basis. The statute should specify who is allowed to file just as the person is specified who can file a dependency petition.  The two sections should be consistent.  Allowing simultaneous publication of a summons along with attempting to provide personal service or service by mail should be allowed when it is already known that personal service or service by mail cannot be achieved.  This would save time and prevent unnecessary delays in the dependency process.

House Committee - Testimony Against:      Not just any party to the dependency proceedings should be denied the right to file petition for termination of parental rights, but only specifically named persons.

VOTE ON FINAL PASSAGE:

      Yeas 98