wa-law.org > bill > 2023-24 > HB 1295 > Original Bill

HB 1295 - DCYF placement agreements


Section 1

The director shall administer all state-funded services in the following program areas:

  1. Trial court criminal indigent defense, as provided in chapter 10.101 RCW;

  2. Appellate indigent defense, as provided in this chapter;

  3. Representation of indigent parents qualified for appointed counsel in dependency and termination cases, as provided in RCW 13.34.090 and 13.34.092;

  4. Extraordinary criminal justice cost petitions, as provided in RCW 43.330.190;

  5. Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;

  6. Representation of indigent respondents qualified for appointed counsel in sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW;

  7. Provide access to attorneys for juveniles contacted by a law enforcement officer for whom a legal consultation is required under RCW 13.40.740;

  8. Submit a biennial budget for all costs related to the office's program areas;

  9. Establish administrative procedures, standards, and guidelines for the office's program areas, including cost-efficient systems that provide for authorized recovery of costs;

  10. Provide oversight and technical assistance to ensure the effective and efficient delivery of services in the office's program areas;

  11. Recommend criteria and standards for determining and verifying indigency. In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards;

  12. Collect information regarding indigent defense services funded by the state and report annually to the advisory committee, the legislature, and the supreme court;

  13. Coordinate with the supreme court and the judges of each division of the court of appeals to determine how appellate attorney services should be provided;

  14. Within available resources, provide legal counsel for parents under investigation by the department of children, youth, and families, including when the department of children, youth, and families proposes a voluntary placement agreement when there is no pending dependency proceeding under chapter 13.34 RCW pursuant to RCW 13.34.090(4).

The office of public defense shall not provide direct representation of clients.

Section 2

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

Section 3

(1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact finder.

Section 4

Section 3 of this act takes effect July 1, 2024.

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