HOUSE BILL REPORT

2SHB 2122

As Amended by the Senate

BYHouse Committee on Appropriations (originally sponsored by Representative Hargrove)

Making changes regarding dependency proceedings.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Hargrove, Leonard, Padden, Raiter and Winsley.

Minority Report:  Without recommendation.  (1)

      Signed by Representative Brekke.

House Staff:David Knutson (786-7146)

Rereferred House Committee on Appropriations

Majority Report:  The second substitute bill be substituted therefor and the second substitute bill do pass.  (25)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Bowman, Braddock, Brekke, Dorn, Doty, Ebersole, Hine, Inslee, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Michelle Hauth (786-7384)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

When children are removed from their home based on allegations of child abuse and neglect they are placed in shelter care.  If their stay in shelter care exceeds 72 hours, a judicial hearing may be requested by the parent, guardian, or child.  The court must make reasonable efforts to notify parents or guardians of the judicial hearing.

Federal law requires courts to determine whether reasonable efforts have been made to eliminate or prevent the need for out-of-home placement.  False or inaccurate information in records maintained by agencies involved in dependency actions is not routinely corrected or expunged.

Parents or guardians who are involved in allegations of child abuse or neglect often are not familiar with their legal rights in court actions involving them and their children.

SUMMARY:

A shelter care hearing is required within 72 hours of the child being placed in shelter care.  The hearing may be waived by an order of the court.  The procedures used by Child Protective Services to notify parents or guardians when their child is taken into custody following reports of child abuse or neglect are clarified.  The notice must be received within 24 hours and must be both oral and written, if possible.  Notification procedures for absent or missing parents are clarified.  Parents or legal guardians who, for good cause, cannot attend a shelter care hearing may request a subsequent shelter care hearing.

Visitation with children removed from a parents or guardians home will be limited or denied only if it is necessary to protect the child.  Persons summoned as part of a dependency petition must receive written notice no later than 15 court days before the hearing.

When the court determines whether reasonable efforts have been made to eliminate or prevent the need for out-of-home placement, it must specify the services that have been provided to achieve these goals.

Parents or guardians whose parental rights may be terminated are entitled to written notice prior to the termination hearing.  False or inaccurate information related to dependency proceedings must be purged from any Department of Social and Health Services files if ordered by the court.

EFFECT OF SENATE AMENDMENTS:  The statutory definition of indigency as it relates to the provision of legal counsel replaces language which describes the meaning of "substantial financial hardship."  The legislation is made contingent upon specifically referenced funding in the 1990 supplemental budget.

Fiscal Note:      Requested on Second Substitute House Bill February 1, 1990.

House Committee ‑ Testified For:    (Human Services)  Bailey de Iongh, Public Defender; Dianna Carlson, Pierce County Legal Aid; Wynn M. Engel, Former Accused Father; Robert Hutton, Former Accused Father; David Ridgway, Former Accused Father; Ken Williams, Attorney; John Hayden, Attorney; Ralph Everhart, Accused Parent; and Kim Everhart, Accused Parent.

(Appropriations)  Representative Hargrove, prime sponsor; Steve Ross, Washington Defender Association; Dennis Ichikawa, SCRAP and Parents & Dependency; Timothy Sell, Washington Defender Association; and Lee Ann Miller, Attorney General, Department of Social & Health Services.

House Committee - Testified Against:      (Human Services)  Katharine Briar, Department of Social & Health Services.

(Appropriations)  Lee Ann Miller, Attorney General, Department of Social & Health Services.

House Committee - Testimony For:    (Human Services)  Shelter care hearings should be required statewide because parents should be involved immediately when a child is removed from the home. They should be allowed to be represented by counsel right from the beginning of the dependency process.  Some out-of-home placements could be avoided if parents and counsel are involved early in the process.  The state does not always notify parents immediately when a child is taken into custody. If the notification process is formalized in law, the department will be more responsible in fully informing parents of what is happening to them and what are their legal rights.

If the department is wrong about the allegations and the parent is not guilty, then the state should be responsible for reimbursing the parent for legal and investigative costs. Parents should have freer access to whatever information is available regarding the reasons for the dependency petition. They should also have greater opportunity to have counsel appointed for them at the state's expense. The department should be held to greater accountability for its actions.

(Appropriations)  This is primarily a notification bill.  This will reduce the protracted legal proceedings of non-custodial parents.  It is anticipated that this bill would enable better relations between caseworkers and clients.

DSHS has worked with the sponsor over the past year to reach agreement with the sections that would pose significant fiscal impact.

House Committee - Testimony Against:      (Human Services)  The bill could have a significant fiscal impact and divert funds from other areas where they could be better utilized.

(Appropriations)  DSHS has not received sufficient time to review the final second substitute.  At this time, DSHS has no official position of 2SHB 2122, but since it is not in the governor's supplemental budget, the department cannot support this bill.

VOTE ON FINAL PASSAGE:

      Yeas 94; Excused 4

Excused:    Representatives Basich, Chandler, Schmidt, Sommers D