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 department;
(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 trafficking, or promoting commercial sexual abuse of a minor when the victim of the crime is the child, the child's other parent, a sibling of the child, or another child;
(f) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;
(g) A finding by a court that a parent is a sexually violent predator as defined in
RCW 71.09.020;
(h) 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
RCW 13.38.040, the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
(i) An infant under three years of age has been abandoned;
(j) 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.
Amended by 2018 c 284,§ 11, eff. 6/7/2018.
Amended by 2013 c 302,§ 11, eff. 8/1/2013.
Amended by 2013 c 254,§ 2, eff. 7/28/2013.
Amended by 2013 c 173,§ 2, eff. 7/28/2013.
Amended by 2011 c 309,§ 28, eff. 7/22/2011.
Effective date- 2013 c 302: See note following RCW 9.68A.090.