HB 1747 — Supporting relative placements in child welfare proceedings.

H-2310.1H-1720.3 SUBSTITUTE HOUSE BILL 1747 State of Washington 67th Legislature 2022 Regular Session By House Children, Youth & Families (originally sponsored by Representatives Ortiz-Self, Taylor, Davis, Peterson, Ryu, Orwall, Dolan, Simmons, Ramos, Wicks, Valdez, Fitzgibbon, Morgan, Stonier, Goodman, Ormsby, Macri, Harris-Talley, and Frame)Frame READPrefiled FIRST01/04/22. TIME 01/31/22.

Read first time 01/10/22.

Referred to Committee on Children, Youth & Families.

The hearing shall take place no later than ((twelve))twelve 12 months following commencement of the current placement episode.

(b) Whenever a child is removed from the home of a dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent, guardian, or legal custodian but is placed in out-of-home care, a permanency planning hearing shall take place no later than ((twelve))twelve 12 months, as provided in p.

1 SHBHB 1747 provided in this section, following the date of removal unless, prior to the hearing, the child returns to the home of the dependency guardian or long-term care provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship order, or a permanent custody order is entered, or the dependency is dismissed.

(c) Permanency planning goals should be achieved at the earliest possible date, preferably before the child has been in out-of-home care for ((fifteen))fifteen 15 months.

(2) No later than ((ten))ten 10 working days prior to the permanency planning hearing, the agency having custody of the child shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties and their legal counsel, if any.

(3) When the youth is at least age ((seventeen))seventeen 17 years but not older than ((seventeen))seventeen 17 years and six months, the department shall provide the youth with written documentation which explains the availability of extended foster care services and detailed instructions regarding how the youth may access such services after he or she reaches age ((eighteen))eighteen 18 years.

2 SHBHB 1747 (b) In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.

and (vi) If the child has been placed outside of his or her home for ((fifteen))fifteen 15 of the most recent ((twenty-two))twenty-two 22 months, not including any period during which the child was a runaway from the out-of-home placement or the first six months of any period during which the child was returned to his or her home for a trial home visit, the appropriateness of the permanency plan, whether reasonable efforts were made by the department to achieve the goal of the permanency plan, and the circumstances which prevent the child from any of the following:

3 SHBHB 1747 (c) Regardless of whether the primary permanency planning goal has been achieved, for a child who remains placed in a qualified residential treatment program as defined in this chapter for at least ((sixty))sixty 60 days, and remains placed there at subsequent permanency planning hearings, the court shall establish in writing:

(5) Following this inquiry, at the permanency planning hearing, the court shall order the department to file a petition seeking termination of parental rights if the child has been in out-of-home care for ((fifteen))fifteen 15 of the last ((twenty-two))twenty-two 22 months since the date the dependency petition was filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate.

(iv) The parent is incarcerated, or the parent's prior incarceration is a significant factor in why the child has been in foster care for ((fifteen))fifteen 15 of the last ((twenty-two))twenty-two 22 months, the parent maintains a meaningful role in the child's life, and the department p.

4 SHBHB 1747 department has not documented another reason why it would be otherwise appropriate to file a petition pursuant to this section;

5 SHBHB 1747 (c) The constraints of a parent's current or prior incarceration and associated delays or barriers to accessing court-mandated services may be considered in rebuttal to a claim of aggravated circumstances under RCW 13.34.132(4)(h) for a parent's failure to complete available treatment.

6 SHBHB 1747 (ii) Modify the permanency plan, and order implementation of the modified plan;

(9) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every ((twelve))twelve 12 months until a permanency planning goal is achieved or the dependency is dismissed, whichever occurs first.

(14) Nothing in this chapter may be construed to limit the ability of the agency that has custody of the child to file a((a petition for termination of parental rights oror)) a guardianship p.

7 SHBHB 1747 petition at any time following the establishment of dependency.

Upon((Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the department requests dismissal of the petition prior to the hearing or unless the parties enter an agreed order terminating parental rights, establishing guardianship, or otherwise resolving the matter.matter.)) The department shall not file a petition for termination of parental rights when the court has entered a finding of good cause that a termination of parental rights petition is not appropriate under subsection (5) of this section.

(e)p. That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future.

A8 parent'sHB failure1747 to(e) substantiallyThat improvethere parentalis deficiencieslittle withinlikelihood ((twelve))that 12conditions monthswill followingbe entryremedied ofso that the p.child can be returned to the parent in the near future.

8A SHBparent's 1747failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future.

InThe makingpetitioner this determination, the court must considerdemonstrate thethat efforts taken by the department to support a guardianshipp. and whether a guardianship is available as a permanent option for the child.

If9 theHB parent1747 guardianship is incarcerated,not thesufficient courtto shallprotect considerthe whetherhealth, asafety, parentand maintainswelfare aof meaningfulthe rolechild. in his or her p.

9If SHBthe 1747parent is incarcerated, the court shall consider whether a parent maintains a meaningful role in his or her child's life based on factors identified in RCW 13.34.145(5)(b);

(5) When a parent has been sentenced to a long-term incarceration and has maintained a meaningful role in the child's life considering the factors provided in RCW 13.34.145(5)(b), and it is in the best interest of the child, the department should consider a permanent placement that allows the parent to maintain a relationship with his orp. her child, such as, but not limited to, a guardianship pursuant to chapter 13.36 RCW.

p.10 HB 1747 or her child, such as, but not limited to, a guardianship pursuant to chapter 13.36 RCW.

10 SHB 1747 (6) Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:

If, upon entering an order terminating the parental rights of a parent, there remains no parent having parental rights, the court shall commit the child to the custody of the department willing to accept custody for((for the purpose of placing the child for adoption.

If an adoptive home has not been identified, the department shall place the child in a licensed foster home, or take other suitable measures for the care and welfare of the child.child)) of the child to take further action consistent with this chapter.

The placementcustodian standardsshall providedhave in RCW 13.34.130 continue to apply throughout the life of the case, except that the court need not consider whether reunification with the parent will be hindered when evaluating p.

11 SHBHB 1747 relativeauthority placements.to consent to the adoption of the child consistent with chapter 26.33 RCW, the marriage of the child, the enlistment of the child in the armed forces of the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as might normally be required of the parent of the child.

The custodian shall have authority to consent to the adoption of the child consistent with chapter 26.33 RCW, the marriage of the child, the enlistment of the child in the armed forces of the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as might normally be required of the parent of the child.

12 SHBHB 1747