HOUSE BILL REPORT

E2SSB 6538

BYSenators Smith, Stratton, Vognild, Bailey, Craswell and Rasmussen

Pertaining to termination of parental rights.

House Committe on Human Services

Majority Report:  Do pass as amended.  (8)

      Signed by Representatives Sayan, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Anderson, Brekke, Leonard, Raiter and Winsley.

House Staff:Dave Knutson (786-7146)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Human Services.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Belcher, Bowman, Brekke, Brough, Dorn, Ferguson, Hine, Inslee, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Michelle Hauth (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 24, 1990

BACKGROUND:

There are currently many open court cases pertaining to the termination of parental rights.  These cases remain open due to an insufficient number of attorneys general to handle the cases as well as public defenders to represent the parents. 

A review hearing is held six months after a child has been found to be dependent and a disposition order has been entered by the court.  At that time a judge can order that a petition for termination of parental rights be filed. 

There are five allegations that must be established by clear, cogent and convincing evidence before a judge will order that parental rights be terminated.  One of the allegations that must be established is that the child has been removed from the custody of the parent for at least six months.  Under current law, establishment of that allegation can be waived by the court if the other five allegations set forth in the statute are established beyond a reasonable doubt.

SUMMARY:

BILL AS AMENDED:  After the dependency of a child has been established, the court will hold a disposition hearing and can, at that time, require that a petition for termination of parental rights be filed if it is recommended by the supervising agency and is in the best interests of the child.  The court must find that aggravated circumstances exist and is provided with a list of conditions to consider in making that determination.  At the disposition hearing, the agency charged with the child's care is required to provide the court with a permanent plan of care which can include adoption, guardianship, return of the child to the home of the parents or placement in the home of a relative or in foster care with a long-term, written agreement. 

At the hearing regarding the issue of termination of parental rights, a court may waive the need to prove the allegation that reasonable services were provided to correct the parental deficiencies.  The court may waive this only if the four other allegations described in the statute are established beyond a reasonable doubt.  The court is provided with a list of conditions for which this waiver may be appropriate.

AMENDED BILL COMPARED TO ENGROSSED SECOND SUBSTITUTE:  The number of aggravated circumstances to be considered by a judge in determining whether to approve an expedited termination of parental rights is reduced.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  None.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Human Services)  Judith Golphence and Dawn English, Foster Parents Association of Washington; Pam Hongel and Carla Ashton, Foster Parents Association of Clark County; Barrett and Patricia Knudsen; Katharine Briar, Department of Social and Health Services;  and Laurie Lippold, Children's Home Society.

(Appropriations)  No one.

House Committee - Testified Against:      (Human Services)  Kern Cleven, Washington Criminal Defense Lawyers.

(Appropriations)  No one.

House Committee - Testimony For:    (Human Services)  Parental rights should be terminated quickly where there are aggravated circumstances which endanger the child.

(Appropriations)  None.

House Committee - Testimony Against:      (Human Services)  Parental rights should not be terminated so quickly that a parents' rights are disregarded.

(Appropriations)  None.