Family Law
UNLAWFUL HARASSMENT--CHILDREN--PROTECTION ORDERS
Amends the RCW 10.14 age requirement for persons against whom a protection order for unlawful harassment may be obtained. A parent or guardian on behalf of a child may obtain an order in superior court restraining a person under the age of eighteen only in cases where the person to be restrained has been adjudicated of an offense against the child to be protected or is being investigated for an offense against that child. The law allows the court to order the restrained child to transfer schools if both the protected child and restrained child attend the same school. Contempt sanctions apply. If transfer of school is ordered, court must send notice to the school of the protected child and to the school the restrained child will be attending. Pattern Forms Committee will review forms for necessary revisions.
FOSTER CARE - ACCREDITATION
New sections added to RCW 74.13, finding that accreditation of children's services by an independent entity can significantly improve the quality of services provided to children and families. Directs DSHS to undertake the process of accreditation with goal of completion by July 2006. DSHS shall make annual progress report to appropriate legislative committees starting December 2001.
FOSTER CARE - INDEPENDENT LIVING SERVICES
Adds section to RCW 74.13 regarding independent living services to be offered by DSHS to youths, including those between 18 and 21, who are or have been in foster care. ILS includes assistance in achieving basic education requirements (GED), enrollment in voc-tech programs, obtaining and maintaining employment, and basic life skills (money management, nutrition, meal preparation). Baseline skill level to be determined at entry, ILS plans to be developed for participants, progress to be monitored.
FAMILY LAW COURT FILES
Changes what type of identifying information parties must provide on child support orders, petitions for dissolution, petitions for legal separation, and paternity actions filed with a court. Requires that parties file a confidential information form containing identifying information in lieu of listing that information on court documents. Pattern Forms Committee to amend pattern family law pleadings to remove certain personal identifiers and create a new confidential information form. Clerks to develop a system to segregate confidential information form from public access. Amend pattern family law pleadings to remove certain personal identifiers and create new confidential information form. Effective: October 1, 2001
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Replaces UCCJA (formerly RCW 26.27) and incorporates the Parental Kidnapping Prevention Act. This version of the UCCJEA makes clear that temporary emergency jurisdiction to address abuse/abandonment should last only until either the home state or the state with an existing custody order commences a proceeding. Contains provisions for enforcement of child custody orders and cooperation of courts across state lines.
EMANCIPATION OF MINORS
Amends RCW 13.64.040 authorizing a "judicial officer" (instead of a judge) to hear emancipation petitions. A judicial officer means a judge, a superior court commissioner of a UFC, or any superior court commissioner if the county does not have a UFC. It does not include a judge pro tempore.
TRUANCY RECORDS
Amends RCW 28A225.035, changing data required on the petition to compel school attendance. Data will include date of birth (not age), gender, race and ethnicity of the child. Amends RCW 13.50.100, mandating removal from JIS of truancy records associated with a juvenile with no other case history or a juvenile's parents with no other case history when the juvenile is no longer subject to compulsory attendance laws. Clerks will enter data for removal from JIS. Pattern Forms Committee will review forms for necessary revisions.
CHILD DEPENDENCY PROCEEDINGS
This bill is known as the Zy'Nyia Nobles Bill and seeks to improve accountability in child dependency cases. It came about as a result of the fatality review committee's concerns about a lack of continuity and makes several changes to the dependency statute, RCW 13.34. Section 1(1) provides that upon the request of a parent, DSHS shall facilitate a conference with all parties after shelter care and no later than 25 days prior to the fact finding. The purpose of the conference will be to hear from the parties and providers and to develop a written service agreement. The agreement shall conform to the shelter care order and shall be used to measure performance of DSHS and the parent. The agreement shall be signed by all parties, updated, and reviewed by the court throughout the case. Section 1(2) provides for a case conference facilitated by DSHS upon the request of the parent at any stage of the proceeding. Section 2 provides that the parent's notice of legal rights should include notice of the right to continued representation, notice of the right to convene a case conference, and notice of the right to participate in certain staffings. Section 5 provides that the first review must be in court and must take place 6 months from the date of placement but no more than 90 days from the disposition order date. The first review may be a permanency planning review if necessary. Section 7 provides that when an agreed order is presented the court must inquire of the parent on the record and make sure the parent understands his/her responsibilities, understands the fact that the process could lead to termination, understands that the agreement means the parent cannot later challenge the dependency finding, and that the parent consents without fraud or duress. The parent's attorney may appear instead and advise the court that the parent understands the provisions. Pattern Forms Committee will review forms for necessary revisions. |
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