wa-law.org > bill > 2023-24 > HB 1591 > Original Bill
Parents of dependent children must have an opportunity to reunify with their children. But, if those children cannot safely reunify, open adoptions:
Minimize the child's loss of relationships;
Maintain and celebrate the adopted child's connections with all the important people in his or her life; and
Allow the child to resolve losses with truth.
According to the department of children, youth, and families, children who are adopted, even infants and young children, have an intrinsic sense that there is something different about them. From infancy on, they experience feelings of grief and loss over parents they did or did not know. Because adoption is a lifelong developmental process, adoption-related issues never completely go away.
Therefore, in order to ensure their long-term well-being, children who have their legal rights to their parents terminated after receiving child welfare services need access to information about their own life, family history, and background. Because this information and contact is usually important for the well-being of the child, it should not be conditioned on a parent's decision to go to trial in a termination case. Further, once a court orders a plan for an open adoption, it is in the best interests of the child that the court-ordered agreement be followed unless modified by court order.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
Whenever a child is ordered to be removed from the home, a permanency plan shall be developed no later than 60 days from the time the department assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent's home.
The department shall submit a written permanency plan to all parties and the court not less than 14 days prior to the scheduled hearing. Responsive reports of parties not in agreement with the department's proposed permanency plan must be provided to the department, all other parties, and the court at least seven days prior to the hearing.
The permanency plan shall include:
a. A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption, including a tribal customary adoption as defined in RCW 13.38.040; guardianship pursuant to chapter 13.36 RCW; guardianship of a minor pursuant to RCW 11.130.215; long-term relative or foster care, if the child is between ages 16 and 18, with a written agreement between the parties and the care provider; successful completion of a responsible living skills program; or independent living, if appropriate and if the child is age 16 or older. Although a permanency plan of care may only identify long-term relative or foster care for children between ages 16 and 18, children under 16 may remain placed with relatives or in foster care. The department shall not discharge a child to an independent living situation before the child is 18 years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW;
b. Unless the court has ordered, pursuant to RCW 13.34.130(8), that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, what steps the department will take to promote existing appropriate sibling relationships and/or facilitate placement together or contact in accordance with the best interests of each child, and what actions the department will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
i. The department's plan shall specify what services the parents will be offered to enable them to resume custody, what requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement.
(A) If the parent is incarcerated, the plan must address how the parent will participate in the case conference and permanency planning meetings and, where possible, must include treatment that reflects the resources available at the facility where the parent is confined. The plan must provide for visitation opportunities, unless visitation is not in the best interests of the child.
(B) If a parent has a developmental disability according to the definition provided in RCW 71A.10.020, and that individual is eligible for services provided by the department of social and health services developmental disabilities administration, the department shall make reasonable efforts to consult with the department of social and health services developmental disabilities administration to create an appropriate plan for services. For individuals who meet the definition of developmental disability provided in RCW 71A.10.020 and who are eligible for services through the developmental disabilities administration, the plan for services must be tailored to correct the parental deficiency taking into consideration the parent's disability and the department shall also determine an appropriate method to offer those services based on the parent's disability.
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. Early, consistent, and frequent visitation is crucial for maintaining parent-child relationships and making it possible for parents and children to safely reunify. The department shall encourage the maximum parent and child and sibling contact possible, when it is in the best interest of the child, including regular visitation and participation by the parents in the care of the child while the child is in placement.
(B) Visitation shall not be limited as a sanction for a parent's failure to comply with court orders or services where the health, safety, or welfare of the child is not at risk as a result of the visitation.
(C) Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare. Visitation must occur in the least restrictive setting and be unsupervised unless the presence of threats or danger to the child requires the constant presence of an adult to ensure the safety of the child. When a parent or sibling has been identified as a suspect in an active criminal investigation for a violent crime that, if the allegations are true, would impact the safety of the child, the department shall make a concerted effort to consult with the assigned law enforcement officer in the criminal case before recommending any changes in parent/child or child/sibling contact. In the event that the law enforcement officer has information pertaining to the criminal case that may have serious implications for child safety or well-being, the law enforcement officer shall provide this information to the department during the consultation. The department may only use the information provided by law enforcement during the consultation to inform family visitation plans and may not share or otherwise distribute the information to any person or entity. Any information provided to the department by law enforcement during the consultation is considered investigative information and is exempt from public inspection pursuant to RCW 42.56.240. The results of the consultation shall be communicated to the court.
(D) The court and the department should rely upon community resources, relatives, foster parents, and other appropriate persons to provide transportation and supervision for visitation to the 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, a party 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.
(F) The court shall advise the petitioner that the failure to provide court-ordered visitation may result in a finding that the petitioner failed to make reasonable efforts to finalize the permanency plan. The lack of sufficient contracted visitation providers will not excuse the failure to provide court-ordered visitation.
iii.(A) The department, court, or caregiver in the out-of-home placement may not limit visitation or contact between a child and sibling as a sanction for a child's behavior or as an incentive to the child to change his or her behavior.
(B) Any exceptions, limitation, or denial of contacts or visitation must be approved by the supervisor of the department caseworker and documented. The child, parent, department, guardian ad litem, or court-appointed special advocate may challenge the denial of visits in court.
iv. A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
v. The plan shall state whether both in-state and, where appropriate, out-of-state placement options have been considered by the department.
vi. Unless it is not in the best interests of the child, whenever practical, the plan should ensure the child remains enrolled in the school the child was attending at the time the child entered foster care.
vii. The department shall provide all reasonable services that are available within the department, or within the community, or those services which the department has existing contracts to purchase. It shall report to the court if it is unable to provide such services;
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 child pending a fact-finding hearing on the termination petition. The department shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed. However, reasonable efforts to ensure visitation and contact between siblings shall be made unless there is reasonable cause to believe the best interests of the child or siblings would be jeopardized; and
d. If the court identifies adoption as a permanent plan or concurrent plan, the department shall provide training to any prospective adoptive parents caring for the child regarding the benefits of and best practices related to including biological parents and relatives, including siblings, in the lives of children consistent with section 7 of this act.
Permanency planning goals should be achieved at the earliest possible date. If the child has been in out-of-home care for 15 of the most recent 22 months, and the court has not made a good cause exception, the court shall require the department to file a petition seeking termination of parental rights in accordance with RCW 13.34.145(4)(b)(vi). In cases where parental rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination order.
If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.
The identified outcomes and goals of the permanency plan may change over time based upon the circumstances of the particular case.
The court shall consider the child's relationships with the child's siblings in accordance with RCW 13.34.130(7). Whenever the permanency plan for a child is adoption, the court shall encourage the prospective adoptive parents, birth parents, foster parents, kinship caregivers, and the department or other agency to seriously consider the long-term benefits to the child adoptee and his or her siblings of providing for and facilitating continuing postadoption contact between the siblings. To the extent that it is feasible, and when it is in the best interests of the child adoptee and his or her siblings, contact between the siblings should be frequent and of a similar nature as that which existed prior to the adoption. 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 attorney and guardian ad litem regarding the potential benefits of continuing contact between the siblings and the potential detriments of severing contact. This section does not require the department or other agency to agree to any specific provisions in an open adoption agreement and does not create a new obligation for the department to provide supervision or transportation for visits between siblings separated by adoption from foster care.
For purposes related to permanency planning, "guardianship" means a guardianship pursuant to chapter 13.36 RCW or a guardianship of a minor pursuant to RCW 11.130.215, or equivalent laws of another state or a federally recognized Indian tribe.
Upon the termination of parental rights pursuant to RCW 13.34.180, all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceedings concerning the child, except :
Any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated;
The right to appear in proceedings to enforce or modify an open adoption agreement under sections 5 and 6 of this act shall not be severed or terminated; and
As provided in RCW 13.34.215.
The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.
An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this chapter be deemed to affect any rights and benefits that an Indian child derives from the child's descent from a member of a federally recognized Indian tribe.
An order terminating the parent-child relationship shall include a statement addressing the status of the child's sibling relationships and the nature and extent of sibling placement, contact, or visits.
If an open adoption agreement under this section does not include the name of a party, the open adoption agreement must include the name of an agent used for the purpose of receiving court notices.
An open adoption agreement under this section is enforceable from the date the court enters an open adoption agreement.
The court must file the open adoption agreement under the cause number in which parental rights are terminated and shall direct the petitioner to file the agreement in any subsequent adoption proceeding involving the child.
Failure to comply with the terms of an open adoption agreement does not constitute grounds for setting aside an adoption decree or revocation of a written consent to an adoption after that consent has been approved by the court as provided in this chapter.
This section only applies to cases where the child was dependent under this chapter.
Parties to an open adoption agreement must have access to the open adoption agreement entered in their case through the court clerk in the county in which the open adoption agreement was entered.
The administrative office of the courts shall develop mandatory pattern court forms to allow birth parents who have had their parental rights terminated to access open adoption agreements and for the enforcement or modification of open adoption agreements.
Any party to an open adoption may take an action to modify the terms of an open adoption agreement under section 5 of this act based on agreement by the parties to the open adoption agreement or through a filing in juvenile court demonstrating that modification is necessary to:
Ensure the child's health, safety, or welfare; or
Better facilitate the contact or visitation included in the open adoption agreement.
Any party to an open adoption agreement under section 5 of this act may take an action to enforce the open adoption agreement under this section, to be filed in juvenile court, and a prevailing party may be awarded, as part of the costs of the action, a reasonable amount to be fixed by the court as attorneys' fees.
[Empty]
A petitioner under this section seeking to enforce an open adoption agreement shall:
Set forth facts in an affidavit supporting the petition; and
Serve notice of the filing to the party to the open adoption agreement to whom the petitioner is seeking the enforcement action against.
If, based on the petition and affidavits, the court finds that it is more likely than not that the requested relief will be granted, the court shall hold a hearing on the petition.
If the court does hold a hearing on the petition, the court shall order make-up visits or other contact if a party to the open adoption agreement demonstrates by a preponderance of the evidence that the terms of the plan were not followed, unless the court finds by clear, cogent, and convincing evidence that such make-up visitation or other contact is likely to cause serious physical or emotional damage to the child.
The court may find a party to an open adoption agreement in contempt of court under RCW 7.21.030(2) for failing to comply with the terms of an open adoption agreement.
By October 1, 2023, the department shall contract for the development of training for foster parents regarding the benefits of and best practices related to including biological parents and relatives, including siblings, in the lives of children.
Foster parents must complete the training described in subsection (1) of this section as soon as practicable following a court order identifying adoption as a primary goal under RCW 13.34.136, and must complete the training before adopting a child who was dependent under chapter 13.34 RCW.
Except as otherwise provided in RCW 26.33.170, consent to an adoption shall be required of the following if applicable:
The adoptee, if fourteen years of age or older;
The parents and any alleged genetic parent of an adoptee under eighteen years of age;
An agency or the department to whom the adoptee has been relinquished pursuant to RCW 26.33.080; and
The legal guardian of the adoptee.
Except as otherwise provided in subsection (4)(h) of this section, consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. The revocation may be made in either of the following ways:
Written revocation may be delivered or mailed to the clerk of the court before approval; or
Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written.
Except as provided in subsections (2)(b) and (4)(h) of this section and in this subsection, a consent to adoption may not be revoked after it has been approved by the court. Within one year after approval, a consent may be revoked for fraud or duress practiced by the person, department, or agency requesting the consent, or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than one year after it is approved by the court.
Except as provided in (h) of this subsection, the written consent to adoption shall be signed under penalty of perjury and shall state that:
It is given subject to approval of the court;
It has no force or effect until approved by the court;
The birth parent is or is not of Native American or Alaska native ancestry;
The consent will not be presented to the court until forty-eight hours after it is signed or forty-eight hours after the birth of the child, whichever occurs later;
It is revocable by the consenting party at any time before its approval by the court. It may be revoked in either of the following ways:
Written revocation may be delivered or mailed to the clerk of the court before approval of the consent by the court; or
Written revocation may be delivered or mailed to the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of the child. The prior notice of revocation shall be given to the agency or person who sought the consent and may be either oral or written;
The address of the clerk of court where the consent will be presented is included;
Except as provided in (h) of this subsection, after it has been approved by the court, the consent is not revocable except for fraud or duress practiced by the person, department, or agency requesting the consent or for lack of mental competency on the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be revoked more than one year after it is approved by the court;
In the case of a consent to an adoption of an Indian child, no consent shall be valid unless the consent is executed in writing more than ten days after the birth of the child and unless the consent is recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Consent may be withdrawn for any reason at any time prior to the entry of the final decree of adoption. Consent may be withdrawn for fraud or duress within two years of the entry of the final decree of adoption. Revocation of the consent prior to a final decree of adoption, may be delivered or mailed to the clerk of the court or made orally to the court which shall certify such revocation. Revocation of the consent is effective if received by the clerk of the court prior to the entry of the final decree of adoption or made orally to the court at any time prior to the entry of the final decree of adoption. Upon withdrawal of consent, the court shall return the child to the parent unless the child has been taken into custody pursuant to RCW 13.34.050 or 26.44.050, placed in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130; and
The following statement has been read before signing the consent:
I understand that my decision to relinquish the child is an extremely important one, that the legal effect of this relinquishment will be to take from me all legal rights and obligations with respect to the child, and that an order permanently terminating all of my parental rights to the child will be entered. I also understand that there are social services and counseling services available in the community, and that there may be financial assistance available through state and local governmental agencies.
A written consent to adoption which meets all the requirements of this chapter but which does not name or otherwise identify the adopting parent is valid if it contains a statement that it is voluntarily executed without disclosure of the name or other identification of the adopting parent.
There must be a witness to the consent of the parent or alleged genetic parent. The witness must be at least eighteen years of age and selected by the parent or alleged genetic parent. The consent document shall contain a statement identifying by name, address, and relationship the witness selected by the parent or alleged genetic parent.
The department may not consent to the adoption of a child who is committed to the custody of the department following the termination of parental rights under chapter 13.34 RCW unless the prospective adoptive parent has completed the training required under section 7 of this act.
All persons adopting a child through the department shall receive written information on the department's adoption-related services including, but not limited to, adoption support, family reconciliation services, archived records, mental health, and developmental disabilities.
Any person adopting a child shall receive from the adoption facilitator written information on adoption-related services. This information may be that published by the department or any other social service provider and shall include information about how to find and evaluate appropriate adoption therapists, and may include other resources for adoption-related issues.
Any person involved in providing adoption-related services shall respond to requests for written information by providing materials explaining adoption procedures, practices, policies, fees, and services.
The department shall identify culturally appropriate mental health and other related services that are designed to support people after being adopted and provide information on obtaining those services to any adopted child who was in the custody of the department.
Child welfare workers shall meet minimum standards established by the department. Comprehensive training for child welfare workers shall be completed before such child welfare workers are assigned to case-carrying responsibilities as the sole worker assigned to a particular case. Intermittent, part-time, and standby child welfare workers shall be subject to the same minimum standards and training.
Ongoing specialized training shall be provided for child welfare workers responsible for investigating child sexual abuse. Training participants shall have the opportunity to practice interview skills and receive feedback from instructors.
The department, the criminal justice training commission, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement statewide training that contains consistent elements for persons engaged in the interviewing of children, including law enforcement, prosecution, and child protective services.
The training required by this section shall: (a) Be based on research-based practices and standards; (b) minimize the trauma of all persons who are interviewed during abuse investigations; (c) provide methods of reducing the number of investigative interviews necessary whenever possible; (d) assure, to the extent possible, that investigative interviews are thorough, objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f) recognize the nature and consequences of victimization; (g) require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; (h) address record retention and retrieval; (i) address documentation of investigative interviews; and (j) include self-care for child welfare workers.
The identification of domestic violence is critical in ensuring the safety of children in the child welfare system. It is also critical for child welfare workers to support victims of domestic violence while victims continue to care for their children, when possible, as domestic violence perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself as provided in RCW 26.44.020. For these reasons, ongoing domestic violence training and consultation shall be provided to child welfare workers, including how to use the department's practice guide to domestic violence.
By January 1, 2021, the department shall:
Develop and implement an evidence-informed curriculum for supervisors providing support to child welfare workers to better prepare candidates for effective supervisory and leadership roles within the department;
Develop specialized training for child welfare workers that includes simulation and coaching designed to improve clinical and analytical skills;
Based on the report required under RCW 43.216.7501(3), develop and implement training for child welfare workers that incorporates trauma-informed care and reflective supervision principles.
Child welfare workers must complete the training for foster parents regarding the importance of and best practices related to including biological parents and relatives, including siblings, in the lives of children required under section 7 of this act.
For purposes of this section, "child welfare worker" means an employee of the department whose job includes supporting or providing child welfare services as defined in RCW 74.13.020 or child protective services as defined in RCW 26.44.020.
The administrative office of the courts shall engage with a broad group of stakeholders that includes adopted people, and may request the involvement of existing stakeholder groups including the supreme court of Washington's commission on children in foster care, to discuss the following issues related to open adoption agreements as defined in RCW 13.34.030 along with any other issues identified by the stakeholder group:
Development of a trauma-informed mediation process that is available throughout the state for birth parents, prospective adoptive parents, adoptive parents, and children to negotiate open adoption agreements and to address challenges in implementing open adoption agreements;
The appropriate response to situations where one party does not agree to participate in mediation or the parties fail to reach a mediated open adoption agreement;
How to prevent open adoption agreements that contain provisions that nullify some or all of the agreement without judicial review;
Methods of ensuring ongoing contact for relatives and the enforceability of any relative or sibling contact included in open adoption agreements; and
The role of the child's tribe in enforcement.
By December 1, 2023, and in compliance with RCW 43.01.036, the administrative office of the courts must provide a report to the relevant committees of the legislature and the governor describing recommendations for addressing the issues listed in subsection (1) of this section.
This section expires June 30, 2024.
Sections 3, 8, and 10 of this act take effect January 1, 2024.