HB 1194 — Strengthening parent-child visitation during child welfare proceedings.

H-0545.1H-0284.1 SUBSTITUTE HOUSE BILL 1194 State of Washington 67th Legislature 2021 Regular Session By House Children, Youth & Families (originally sponsored by Representatives Ortiz-Self, Senn, Young, Santos, Callan, Morgan, Davis, and Harris-Talley)Harris-Talley ANRead ACTfirst Relatingtime to01/14/21. strengthening parent-child visitation during child welfare proceedings;

Referred to Committee on Children, Youth & Families.

AN ACT Relating to strengthening parent-child visitation during child welfare proceedings;

1 SHBHB 1194 (4) The first visit under this section must take place within 72 hours of removal, unless the court finds that extraordinary circumstances require delay.

2 SHBHB 1194 following a case conference under this section.

To overcome this presumption, the department must establishprovide evidence during the case conference establishing that removing visit supervision or monitoring would create a risk to the child's safety.

3 SHBHB 1194 older.

4 SHBHB 1194 (ii)(A) Visitation is the right of the family, including the child and the parent, in cases in which visitation is in the best interest of the child.

5 SHBHB 1194 extent that such resources are available, and appropriate, and the child's safety would not be compromised.

(E) If the court previously ordered that visitation between a parent and child be supervised or monitored, there shall be a presumption that such supervision or monitoring will no longer be necessary when the permanency plan is entered.

To overcome this presumption, the department must provide a report to the court including sufficient evidence establishing that removing visit supervision or monitoring would create a risk to the child's safety,safety. and the court shall make a determination as to whether visit supervision or monitoring must continue.

and (c) If the court has ordered, pursuant to RCW 13.34.130(9), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and p.

6 SHBHB 1194 if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition.

If the child adoptee or his or her siblings are represented by an attorney or guardian ad litem in a proceeding under this chapter or in any other child custody proceeding, the court shall inquire of each p.

7 SHBHB 1194 or guardian ad litem in a proceeding under this chapter or in any other child custody proceeding, the court shall inquire of each attorney and guardian ad litem regarding the potential benefits of continuing contact between the siblings and the potential detriments of severing contact.

(b) Prior to the child returning home, the department must complete the following:

8 SHBHB 1194 (b)(i) PriorIdentify toall theadults childresiding returningin home, the departmenthome mustand completeconduct thebackground following:checks on those persons;

(i) Identify all adults residing in the home and conduct background checks on those persons;

If additional services, including housing assistance, are needed to facilitate the return of the child to the child's p.parents, the court shall order that reasonable services be offered specifying such services;

9p. SHB 1194 parents, the court shall order that reasonable services be offered specifying such services;

9 HB 1194 (ii) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

(xi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

10 SHBHB 1194 (xi)(xii) Whether theterms parentsof have visited the child and any reasons why visitation hasneed notto occurredbe ormodified. has been infrequent;

(xii)If Whetherthe termscourt ofpreviously ordered that visitation needbetween toa parent and child must be modified.supervised, there shall be a presumption that such supervision will no longer be necessary after the review hearing.

IfTo theovercome courtthis previouslypresumption, orderedthe thatdepartment visitation between a parent and child must besubmit supervised,to therethe shallcourt besufficient aevidence presumptionestablishing that suchremoving visit supervision orwould monitoringcreate willa norisk longerto be necessary after the reviewchild's hearing.safety;

To overcome this presumption, the department must provide a report to the court including evidence establishing that removing visit supervision or monitoring would create a risk to the child's safety, and the court shall make a determination as to whether visit supervision or monitoring must continue;

or (iii) The failure of the parents to successfully and substantially complete available services or treatment for themselves p.or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect.

11(c) SHBIn 1194a orpending thedependency child,case includingin substancewhich abusethe treatmentcourt iforders that a parent'sdependent substancechild abusemay wasbe areturned contributinghome factorand tothat child is later removed from the abusehome, orthe neglect.court shall hold a review hearing within thirty p.

(c)11 InHB a1194 pending dependency case in which the court orders that a dependent child may be returned home and that child is later removed from the home, the court shall hold a review hearing within thirty days from the date of removal to determine whether the permanency plan should be changed, a termination petition should be filed, or other action is warranted.

p.(2)(a) If it is likely that the child will remain in shelter care longer than ((seventy-two)) 72 hours, the department shall submit a recommendation to the court as to the further need for shelter care in all cases in which the child will remain in shelter care longer than the ((seventy-two)) 72 hour period.

12In SHB 1194 (2)(a) If it is likely that the child will remain in shelter care longer than ((seventy-two)) 72 hours, the department shall submit a recommendation to the court as to the further need for shelter care in all casesother incases, which the childp. will remain in shelter care longer than the ((seventy-two)) 72 hour period.

In12 allHB other1194 cases, the recommendation shall be submitted by the juvenile court probation counselor.

The court shall make an express finding as to whether the notice required p.under RCW 13.34.062 was given to the parent, guardian, or legal custodian.

13If SHBactual 1194notice underwas RCWnot 13.34.062given wasto giventhe parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the department to make reasonable efforts to advise the parent, guardian, or legal custodian.custodian of the p.

If13 actualHB notice1194 was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the department to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090;

(i) Whether, as provided in RCW 26.44.063, restraining orders, or orders expelling an allegedly abusive household member from the home p.of a nonabusive parent, guardian, or legal custodian, will allow the child to safely remain in the home;

14 SHB 1194 of a nonabusive parent, guardian, or legal custodian, will allow the child to safely remain in the home;

The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearingp. unless the parent agrees to the examination, evaluation, or service;

14 HB 1194 hearing unless the parent agrees to the examination, evaluation, or service;

p.(ii) Facilitate the child's visitation with siblings, if such visitation is part of the department's plan or is ordered by the court;