Introduced by Rep. Ruth Kagi (Lake Forest Park) (D) on January 24, 2007
To revise and re-enact certain parental rights for juveniles under state care and provide exemption from civil liability for state employees. The bill allows a child an option to petition courts for reinstatement of previously terminated parental rights if certain conditions are achieved. The bill also details other related parental rights issues, including an exemption for state employees that use reasonable care.
Official Text and Analysis.
Substitute offered to the House Early Learning and Children's Services on February 15, 2007
To require the child need only be a dependent to be permitted to file the petition, rather than a dependent who is also in state care. The substitute bill also requires the child's permanent plan to be adoption and the child's signature is not required if the court finds there is good cause for the child not to sign the petition. The substitute requires the court also find that the parent is currently able to care for the child before the court may conditionally grant the petition. The substitute changes the process for granting the petition to require the petition to be granted conditionally for one year. The substitute requires notice of the hearing to be given to the foster parent, an attorney to be appointed to the parent at the hearing and for the child before filing the petition, and clarifies the reinstatement of parental rights is a separate action from the termination proceeding.
Amendment offered by Rep. Ruth Kagi (Lake Forest Park) (D) on March 12, 2007
To direct the DSHS to consult quarterly with the Foster
Parent Association of Washington State at statewide and regional levels
regarding foster parent recruitment and retention; foster parent
training; and performance of the DSHS duties relating to the
administration of a coordinated plan of services to protect children.
Directs the DSHS to work in conjunction with the Dean of the UW School
of Social Work to study the need for and feasability of creating a
tiered classification for foster parent licensing. Directs the
secretary of the DSHS and the Dean of the School of Social Work to
jointly facilitate a work group and to report back to the Legislature
by January 1, 2008, regarding the work group's recommendations.
Requires the DSHS to provide the work group with contact information
for licensed foster parents for the sole purpose of communicating with
foster parents regarding issues relevant to foster parents.
Amendment offered by Rep. Ruth Kagi (Lake Forest Park) (D) on March 12, 2007
To clarify that only the provisions relating to reinstatement of
parental rights are retroactive.
Clarifies the purpose and responsibilities of shelter care,
review and permanency hearings.
Requires the court to review the permanency plan if a child is
removed from a parent due to abuse or neglect a second time
during the same dependency.
Makes technical and reorganizational changes.
Amendment offered to the Senate Human Services & Corrections Committee on March 29, 2007
To make the following changes: 1) with respect to the provision on reunification following termination of parental
rights: eliminates age limit of child petitioning for reunification; provides that a child
may petition if permanency plan is not achieved within three years of termination of
parental rights; changes court procedures and considerations when determining
whether to reinstate parental rights;
2) shields the state from liability for civil damages resulting from act or omission in
delivery of CPS or CWS through the Children's Administration unless gross
negligence;
3) provides that child should be placed in shelter care with a relative or a person
requested by the parent;
4) eliminates amendatory language authorizing the DSHS to evaluate a child's
educational and developmental status;
5) provides for notice of shelter care in an understandable manner, considering the
parent's or guardian's primary language, level of education, and cultural issues;
6) eliminates the provision permitting waiver of shelter care hearing;
7) indicates that orders for evaluations (considered by court at the shelter care hearing)
should be agreed by all parties;
8) indicates that visitation conditions considered by court should include family
visitation;
9) requires that the written permanency plan be provided to all parties 14 days before the
permanency hearing with an opportunity to respond within seven days of hearing;
10) allows the court, in a fact-finding hearing, to consider the history of past involvement
of CPS or law enforcement with the family;
11) provides that the child should be kept in the same school when placed out of home,
unless it is not in the best interests of the child;
12) eliminates the requirement of notice and opportunity to be heard for preadoptive
parents at review hearings;
13) eliminates the provision related to new permanency hearing within 30 days of a
second removal from home;
14) provides that, in connection with an out-of-home dependency, a court may enter an
order of child support, if the state pays for court-ordered services;
15) provides for DSHS consultation with foster parents at least quarterly, including
members of the foster parent association of Washington;
16) adds provisions regarding retention and destruction of records of unfounded or
inconclusive allegations of child abuse or neglect;
17) prevents the DSHS from destroying records of unfounded or inconclusive allegations
of child abuse or neglect if a prior or subsequent founded report involving the child, a
sibling or half-sibling, or parent, guardian, or legal custodian is received before the
records are destroyed;
18) requires the DSHS to provide certain information to foster parents, if known, about a
foster child and that child's family. For example, the DSHS must provide information
about whether a child is sexually reactive or exhibits high-risk behaviors, has received
a medical diagnosis of fetal alcohol syndrome, or a medical diagnosis of a mental
health disorder; and
19) provides for the CPS to prepare a statement, warning against false allegations of child
abuse or neglect for inclusion with educational materials or letters to persons
determined to have made a false report.
Amendment offered to the Senate Ways & Means Committee on April 2, 2007
To remove the provision directing the court to
order the parent to pay child support only if that parent has received court-ordered services
provided by the state.
It also changes the work group's representation by adding legislative members; modifying the foster
parent representation from being solely from the Foster Parent Association of Washington
State to include four foster parents representing a diverse number of foster parent
organizations throughout Washington State.
Removes representatives from the Washington Federation of State Employees from the work
group.
Amendment offered by Sen. James Hargrove (Hoquiam) (D) on April 9, 2007
To change the membership of the committee formed in the original bill.