House of
Representatives
HB 2559
juvenile hearings; jury trials
Sponsors: Representative Anderson, Representative Aguirre A, Representative Chase, Representative Hershberger et al
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Committee on Human Services |
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Committee on Judiciary |
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Committee on Appropriations B |
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Caucus and COW |
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As Engrossed and As Passed the House |
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HB 2559 allows parents subject to a termination adjudication hearing to request a different judge than the judge assigned to their dependency case until January 1, 2010. It continues the law allowing parents subject to termination adjudication hearings to request a jury trial until January 1, 2010. It requires the Administrative Office of the Courts (AOC) to establish a Permanency Mediation Program (PMP). It appropriates $525,000 to the AOC to establish the PMP. And it appropriates $754,700 from to the Department of Economic Security (DES) for 11 full-time equivalent positions (FTEs) to aid in the workload of jury trials for cases involving the potential termination of parental rights.
History
Current law states that any person or agency that has a legitimate interest in the welfare of a child may file a petition for the termination of the parent-child relationship. In addition to considering the best interests of the child, there are numerous circumstances which provide evidence sufficient for the court to justify the termination of the parent-child relationship. Among them are the following:
-That the parent has abandoned the child.
-That the parent has neglected or willfully abused the child.
-That the parent is unable to discharge the parental responsibilities because of mental illness or a history of chronic abuse of dangerous drugs, and there are reasonable grounds to believe that the condition will continue for an indeterminate period of time.
After the petition is filed, the clerk of the court sets a time and place for the initial hearing and notifies the relevant parties to the case. In addition, the court orders the agency or other entity it chooses to complete a comprehensive social study with a recommendation for or against termination of parental rights, including the reasoning behind the recommendation. If a petition for terminating the parent-child relationship is contested, the court orders a termination adjudication hearing.
In the Second Special Session of 2003, Laws 2003 Ch. 6 §10 and 33 were passed allowing a parent subject to a termination adjudication hearing to request a jury to hear and rule on their case. This Session Law is set to be repealed January 1, 2007.
HB 2559 allows parents subject to a termination adjudication hearing to request a different judge than the judge assigned to their dependency case until January 1, 2010. It continues the law allowing parents subject to termination adjudication hearings to request a jury trial until January 1, 2010. It requires the Administrative Office of the Courts (AOC) to establish a Permanency Mediation Program (PMP). It appropriates $525,000 to the AOC to establish the PMP. And it appropriates $754,700 from to the Department of Economic Security (DES) for 11 full-time equivalent positions (FTEs) to aid in the workload of jury trials for cases involving the potential termination of parental rights.
Provisions
· Allows a parent, guardian, or custodian whose rights are sought to be terminated to request a new judge if they did not request a jury trial, the proceeding takes place in a county with a population of at least 500,000 people, and the judge assigned to the case is the same judge who presided over the dependency case. Limits the court to granting only one request for a new judge.
· Requires the court to issue a decision within thirty days of holding a hearing to terminate parental rights.
· Specifies the AOC shall create a PMP to promote permanency for dependent children in a non-adversarial manner, subject to appropriation.
· Permits the court to hire mediators or to contract for mediation services to facilitate alternative dispute resolution activities associated with the PMP.
· Requires the AOC to create the formula to distribute funds appropriated for the PMP to the county juvenile courts based on the number of dependency petitions filed in each court in the previous year.
· Stipulates that the court shall order mediation and set a date for the mediation at the initial hearing.
· Delays the repeal of the statute permitting parents, guardians, or custodians to request a jury trial in a hearing where their rights are sought to be terminated until January 1, 2010.
· Delays the repeal of the statute permitting parents, guardians, or custodians to request a new judge in a hearing where their rights are sought to be terminated if they did not request a jury trial, the proceeding takes place in a county with a population of at least 500,000 people, and the judge assigned to the case is the same judge who presided over the dependency case until January 1, 2010.
· Returns to the court exclusive power to hear and rule on cases where parental rights are sought to be terminated after December 31, 2009.
· Appropriates $525,000 from the General Fund in fiscal year 2006-2007 to the AOC to establish the PMP, and exempts those funds from lapsing.
· Appropriates $754,700 from the General Fund in fiscal year 2006-2007 to DES for the Attorney General for eleven FTEs to address workload associated with jury trials for the termination of parental rights, and exempts those funds from lapsing.
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Forty-seventh Legislature
Second Regular Session 2 January 30, 2006
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