|
Wash. Rev. Code § 13.34.132
Revised Code of Washington
Title
13. Juvenile Courts and Juvenile Offenders
Chapter
13.34. Juvenile Court Act--Dependency and Termination of Parent-Child
Relationship
§ 13.34.132. Petition seeking termination of parent-child relationship--Requirements
A
court may order that a petition seeking termination of the parent and
child relationship be filed if the following requirements are met:
(1)
The court has removed the child from his or her home pursuant to RCW 13.34.130;
(2)
Termination is recommended by the supervising agency;
(3)
Termination is in the best interests of the child; and
(4)
Because of the existence of aggravated circumstances, reasonable efforts
to unify the family are not required. Notwithstanding the existence of
aggravated circumstances, reasonable efforts may be required if the court
or department determines it is in the best interests of the child. In
determining whether aggravated circumstances exist by clear, cogent, and
convincing evidence, the court shall consider one or more of the following:
(a)
Conviction of the parent of rape of the child in the first, second, or
third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b)
Conviction of the parent of criminal mistreatment of the child in the
first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c)
Conviction of the parent of one of the following assault crimes, when
the child
is the victim: Assault in the first or second degree as defined in RCW
9A.36.011 and 9A.36.021 or assault of a child in the first or second degree
as defined in RCW 9A.36.120 or 9A.36.130;
(d)
Conviction of the parent of murder, manslaughter, or homicide by abuse
of the child's other parent, sibling, or another child;
(e)
Conviction of the parent of attempting, soliciting, or conspiring to commit
a crime listed in (a), (b), (c), or (d) of this subsection;
(f)
A finding by a court that a parent is a sexually violent predator as defined
in RCW 71.09.020;
(g)
Failure of the parent to complete available treatment ordered under this
chapter or the equivalent laws of another state, where such failure has
resulted in a prior termination of parental rights to another child and
the parent
has failed to effect significant change in the interim. In the case of
a parent of an Indian child, as defined in the Indian Child Welfare Act,
P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal
efforts to assist the parent in completing treatment and make it possible
for the child to return home;
(h)
An infant under three years of age has been abandoned;
(i)
Conviction of the parent, when a child has been born of the offense, of:
(A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020.
CREDIT(S)
[2000 c 122 § 16.]
|