RCW 13.34.155
Concurrent jurisdiction over nonparental actions for child custody
—
Establishment or modification of parenting plan.
(1) The court hearing the dependency petition may hear and determine issues related to a guardianship of a minor under RCW 11.130.215
in a dependency proceeding as necessary to facilitate a permanency plan for the child or children as part of the dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency plan of care for a child. Any modification or establishment of a guardianship of a minor must be made in conformity with the standards in chapter
11.130
RCW. The parents, guardians, or legal custodian of the child must agree, subject to court approval, to establish or modify a guardianship of a minor, but the court may decide any contested issues implementing the guardianship. This agreed guardianship of a minor may have the concurrence of the other parties to the dependency, the guardian ad litem of the child, and the child if age twelve or older, and must also be in the best interests of the child. If the petitioner for a guardianship of a minor order under RCW 11.130.215
is not a party to the dependency proceeding, he or she must agree on the record or by the filing of a declaration to the entry of a guardianship of a minor. Once a guardianship of a minor order is entered under RCW 11.130.215, and the dependency petition dismissed, the department shall not continue to supervise the placement.
(2)(a) The court hearing the dependency petition may establish or modify a parenting plan under chapter
26.09, 26.26A, or
26.26B
RCW as part of a disposition order or at a review hearing when doing so will implement a permanent plan of care for the child and result in dismissal of the dependency.
(b) The dependency court shall adhere to procedural requirements under chapter
26.09
RCW and must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.
(c) Unless the whereabouts of one of the parents is unknown to either the department or the court, the parents must agree, subject to court approval, to establish the parenting plan or modify an existing parenting plan.
(d) Whenever the court is asked to establish or modify a parenting plan, the child's residential schedule, the allocation of decision-making authority, and dispute resolution under this section, the dependency court may:
(i) Appoint a guardian ad litem to represent the interests of the child when the court believes the appointment is necessary to protect the best interests of the child; and
(ii) Appoint an attorney to represent the interests of the child with respect to provisions for the parenting plan.
(e) The dependency court must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.
(f) The dependency court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for the entry or modification of a parenting plan under this section. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to become part of the court record of the dependency case and the case under chapter
26.09, 26.26A, or
26.26B
RCW.
(g) In the absence of agreement by a parent, guardian, or legal custodian of the child to allow the juvenile court to hear and determine issues related to the establishment or modification of a parenting plan under chapter
26.09, 26.26A, or
26.26B
RCW, a party may move the court to transfer such issues to the family law department of the superior court for further resolution. The court may only grant the motion upon entry of a written finding that it is in the best interests of the child.
(h) In any parenting plan agreed to by the parents and entered or modified in juvenile court under this section, all issues pertaining to child support and the division of marital property shall be referred to or retained by the family law department of the superior court.
(3) Any order entered in the dependency court establishing or modifying a guardianship of a minor under RCW 11.130.215, parenting plan, or residential schedule under chapter
26.09, 26.26A, or
26.26B
RCW shall also be filed in the chapter
11.130, 26.09, 26.26A, or
26.26B
RCW action by the moving or prevailing party. If the petitioning or moving party has been found indigent and appointed counsel at public expense in the dependency proceeding, no filing fees shall be imposed by the clerk. Once filed, any guardianship of a minor order, parenting plan, or residential schedule establishing or modifying permanent legal custody of a child shall survive dismissal of the dependency proceeding.
[
2020 c 312 s 119
;
2019 c 46 s 5017
;
2018 c 284 s 16
. Prior:
2009 c 526 s 2
;
2009 c 520 s 31
;
2000 c 135 s 1
.]
NOTES:
Effective date
—
2020 c 312:
See note following RCW 11.130.915
.
RCW 13.34.160
Order of support for dependent child.
(1) In an action brought under this chapter, the court may inquire into the ability of the parent or parents of the child to pay child support and may enter an order of child support as set forth in chapter
26.19
RCW. The court may enforce the same by execution, or in any way in which a court of equity may enforce its decrees. All child support orders entered pursuant to this chapter shall be in compliance with the provisions of RCW 26.23.050
.
(2) For purposes of this section, if a dependent child's parent is an unmarried minor parent or pregnant minor applicant, then the parent or parents of the minor shall also be deemed a parent or parents of the dependent child. However, liability for child support under this subsection only exists if the parent or parents of the unmarried minor parent or pregnant minor applicant are provided the opportunity for a hearing on their ability to provide support. Any child support order requiring such a parent or parents to provide support for the minor parent's child may be effective only until the minor parent reaches eighteen years of age.
(3) In the absence of a court order setting support, the department may establish an administrative order for support upon receipt of a referral or application for support enforcement services.
[
2004 c 183 s 1
;
1997 c 58 s 505
;
1993 c 358 s 2
;
1987 c 435 s 14
;
1981 c 195 s 8
;
1977 ex.s. c 291 s 44
;
1969 ex.s. c 138 s 1
;
1961 c 302 s 7
;
1913 c 160 s 8
; RRS s 1987-8. Formerly RCW 13.04.100
.]
NOTES:
Effective date
—
2004 c 183:
"This act takes effect July 1, 2004." [
2004 c 183 s 6
.]
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Effective date
—
1987 c 435:
See RCW 26.23.900
.
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
Good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement: RCW 13.32A.178
.
RCW 13.34.161
Order of support for dependent child
—
Noncompliance
—
Enforcement of judgment.
In any case in which the court has ordered a parent or parents, guardian, or other person having custody of a child to pay support under RCW 13.34.160
and the order has not been complied with, the court may, upon such person or persons being duly summoned or voluntarily appearing, proceed to inquire into the amount due upon the order and enter judgment for that amount against the defaulting party or parties, and the judgment shall be docketed as are other judgments for the payment of money.
In such judgments, the county in which the order is entered shall be the judgment creditor, or the state may be the judgment creditor where the child is in the custody of a state agency. Judgments may be enforced by the prosecuting attorney of the county, or the attorney general where the state is the judgment creditor and any moneys recovered shall be paid into the registry of the juvenile court and shall be disbursed to such person, persons, agency, or governmental department as the court finds is entitled to it.
Such judgments shall remain valid and enforceable for a period of ten years after the date of entry.
[
2000 c 122 s 22
;
1981 c 195 s 9
;
1977 ex.s. c 291 s 45
;
1961 c 302 s 8
;
1955 c 188 s 1
. Formerly RCW 13.34.170, 13.04.105
.]
NOTES:
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.34.165
Civil contempt
—
Grounds
—
Motion
—
Penalty
—
Detention review hearing.
(1) Failure by a party to comply with an order entered under this chapter is civil contempt of court as provided in RCW 7.21.030
(2).
(2) A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to this chapter.
(3)(a) Subject to (b) of this subsection, whenever the court finds probable cause to believe, based upon consideration of a motion and the information set forth in a supporting declaration, that a child is missing from care, the court may issue an order directing law enforcement to pick up and return the child to department custody.
(b) If the department is notified of the child's whereabouts and authorizes the child's location, the court must withdraw the order directing law enforcement to pick up and return the child to department custody.
(4) Nothing in this section shall be construed to limit the court's inherent contempt power or curtail its exercise.
[
2019 c 312 s 12
;
2019 c 312 s 11
;
2000 c 122 s 21
;
1998 c 296 s 38
;
1996 c 133 s 29
;
1989 c 373 s 17
; 1985 c 257 s 1]
NOTES:
Effective date
—
2019 c 312 ss 4, 8, and 12:
See note following RCW 7.21.030
.
Effective date
—
Findings
—
Intent
—
2019 c 312:
See notes following RCW 7.21.080
.
Findings
—
Intent
—
Part headings not law
—
Short title
—
1998 c 296:
See notes following RCW 74.13.025
.
Findings
—
Short title
—
Intent
—
Construction
—
1996 c 133:
See notes following RCW 13.32A.197
.
Severability
—
1985 c 257:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1985 c 257 s 12
.]
RCW 13.34.174
Order of alcohol or substance abuse diagnostic investigation and evaluation
—
Treatment plan
—
Breach of plan
—
Reports.
(1) The provisions of this section shall apply when a court orders a party to undergo an alcohol or substance abuse diagnostic investigation and evaluation.
(2) The facility conducting the investigation and evaluation shall make a written report to the court stating its findings and recommendations including family-based services or treatment when appropriate. If its findings and recommendations support treatment, it shall also recommend a treatment plan setting out:
(a) Type of treatment;
(b) Nature of treatment;
(c) Length of treatment;
(d) A treatment time schedule; and
(e) Approximate cost of the treatment.
The affected person shall be included in developing the appropriate treatment plan. The treatment plan must be signed by the treatment provider and the affected person. The initial written progress report based on the treatment plan shall be sent to the appropriate persons six weeks after initiation of treatment. Subsequent progress reports shall be provided after three months, six months, twelve months, and thereafter every six months if treatment exceeds twelve months. Reports are to be filed with the court in a timely manner. Closeout of the treatment record must include summary of pretreatment and posttreatment, with final outcome and disposition. The report shall also include recommendations for ongoing stability and decrease in destructive behavior.
Each report shall also be filed with the court and a copy given to the person evaluated and the person's counsel. A copy of the treatment plan shall also be given to the department's caseworker and to the guardian ad litem. Any program for chemical dependency shall meet the program requirements contained in *chapter
70.96A
RCW.
(3) If the court has ordered treatment pursuant to a dependency proceeding it shall also require the treatment program to provide, in the reports required by subsection (2) of this section, status reports to the court, the department, and the person or person's counsel regarding the person's cooperation with the treatment plan proposed and the person's progress in treatment.
(4) If a person subject to this section fails or neglects to carry out and fulfill any term or condition of the treatment plan, the program or agency administering the treatment shall report such breach to the court, the department, the guardian ad litem, and the person or person's counsel, within twenty-four hours, together with its recommendation. These reports shall be made as a declaration by the person who is personally responsible for providing the treatment.
(5) Nothing in this chapter may be construed as allowing the court to require the department to pay for the cost of any alcohol or substance abuse evaluation or treatment program.
[
2018 c 284 s 17
;
2009 c 520 s 32
;
2000 c 122 s 23
;
1993 c 412 s 5
.]
NOTES:
*Reviser's note:
Chapter
70.96A
RCW was repealed and/or recodified in its entirety pursuant to 2016 sp.s. c 29 ss 301, 601, and 701.
RCW 13.34.176
Violation of alcohol or substance abuse treatment conditions
—
Hearing
—
Notice
—
Modification of order.
(1) The court, upon receiving a report under RCW 13.34.174
(4) or at the department's request, may schedule a show cause hearing to determine whether the person is in violation of the treatment conditions. All parties shall be given notice of the hearing. The court shall hold the hearing within ten days of the request for a hearing. At the hearing, testimony, declarations, reports, or other relevant information may be presented on the person's alleged failure to comply with the treatment plan and the person shall have the right to present similar information on his or her own behalf.
(2) If the court finds that there has been a violation of the treatment conditions it shall modify the dependency order, as necessary, to ensure the safety of the child. The modified order shall remain in effect until the party is in full compliance with the treatment requirements.
[
2018 c 284 s 18
;
2009 c 520 s 33
;
2000 c 122 s 24
;
1993 c 412 s 6
.]
RCW 13.34.180
Order terminating parent and child relationship
—
Petition
—
Filing
—
Allegations.
(1) A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070
(8), and shall allege all of the following unless subsection (3) or (4) of this section applies:
(a) That the child has been found to be a dependent child;
(b) That the court has entered a dispositional order pursuant to RCW 13.34.130
;
(c) That the child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency;
(d) That the services ordered under RCW 13.34.136
have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided;
(e) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within 12 months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly offered or provided. In determining whether the conditions will be remedied the court may consider, but is not limited to, the following factors:
(i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts;
(ii) Psychological incapacity or mental deficiency of the parent that is so severe and chronic as to render the parent incapable of providing proper care for the child for extended periods of time or for periods of time that present a risk of imminent harm to the child, and documented unwillingness of the parent to receive and complete treatment or documentation that there is no treatment that can render the parent capable of providing proper care for the child in the near future; or
(iii) Failure of the parent to have contact with the child for an extended period of time after the filing of the dependency petition if the parent was provided an opportunity to have a relationship with the child by the department or the court and received documented notice of the potential consequences of this failure, except that the actual inability of a parent to have visitation with the child including, but not limited to, mitigating circumstances such as a parent's current or prior incarceration or service in the military does not in and of itself constitute failure to have contact with the child; and
(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. In making this determination, the court must consider the efforts taken by the department to support a guardianship and whether a guardianship is available as a permanent option for the child. If the parent is incarcerated, the court shall consider whether a parent maintains a meaningful role in his or her child's life based on factors identified in RCW 13.34.145
(5)(b); whether the department made reasonable efforts as defined in this chapter; and whether particular barriers existed as described in RCW 13.34.145
(5)(b) including, but not limited to, delays or barriers experienced in keeping the agency apprised of his or her location and in accessing visitation or other meaningful contact with the child.
(2) As evidence of rebuttal to any presumption established pursuant to subsection (1)(e) of this section, the court may consider the particular constraints of a parent's current or prior incarceration. Such evidence may include, but is not limited to, delays or barriers a parent may experience in keeping the agency apprised of his or her location and in accessing visitation or other meaningful contact with the child.
(3) In lieu of the allegations in subsection (1) of this section, the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found.
(4) In lieu of the allegations in subsection (1)(b) through (f) of this section, the petition may allege that the parent has been convicted of:
(a) Murder in the first degree, murder in the second degree, or homicide by abuse as defined in chapter
9A.32
RCW against another child of the parent;
(b) Manslaughter in the first degree or manslaughter in the second degree, as defined in chapter
9A.32
RCW against another child of the parent;
(c) Attempting, conspiring, or soliciting another to commit one or more of the crimes listed in (a) or (b) of this subsection; or
(d) Assault in the first or second degree, as defined in chapter
9A.36
RCW, against the surviving child or another child of the parent.
(5) When a parent has been sentenced to a long-term incarceration and has maintained a meaningful role in the child's life considering the factors provided in RCW 13.34.145
(5)(b), and it is in the best interest of the child, the department should consider a permanent placement that allows the parent to maintain a relationship with his or her child, such as, but not limited to, a guardianship pursuant to chapter
13.36
RCW.
(6) Notice of rights shall be served upon the parent, guardian, or legal custodian with the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been filed against you. You have important legal rights and you must take steps to protect your interests. This petition could result in permanent loss of your parental rights.
1. You have the right to a fact-finding hearing before a judge.
2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to the department of children, youth, and families or other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact:
(explain local procedure)
.
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
You should be present at this hearing.
You may call
(insert agency)
for more information about your child. The agency's name and telephone number are
(insert name and telephone number)
."
[
2022 c 127 s 2
;
2018 c 284 s 20
; (2018 c 284 s 19 expired July 1, 2018);
2017 3rd sp.s. c 6 s 308
;
2013 c 173 s 4
. Prior:
2009 c 520 s 34
;
2009 c 477 s 5
;
2001 c 332 s 4
;
2000 c 122 s 25
;
1998 c 314 s 4
;
1997 c 280 s 2
; prior:
1993 c 412 s 2
;
1993 c 358 s 3
;
1990 c 246 s 7
;
1988 c 201 s 2
;
1987 c 524 s 6
;
1979 c 155 s 47
;
1977 ex.s. c 291 s 46
.]
NOTES:
Effective date
—
2018 c 284 ss 3, 8, 13, 20, 33, 36, and 67:
See note following RCW 13.34.030
.
Expiration date
—
2018 c 284 ss 2, 7, 12, 19, 32, 35, and 66:
See note following RCW 13.34.030
.
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Findings
—
Intent
—
2009 c 477:
See note following RCW 13.34.062
.
Severability
—
1990 c 246:
See note following RCW 13.34.060
.
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.34.190
Order terminating parent and child relationship
—
Findings.
(1) Except as provided in subsection (2) of this section, after hearings pursuant to RCW 13.34.110
or
13.34.130, the court may enter an order terminating all parental rights to a child only if the court finds that:
(a)(i) The allegations contained in the petition as provided in RCW 13.34.180
(1) are established by clear, cogent, and convincing evidence; or
(ii) The provisions of RCW 13.34.180
(1) (a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180
(1) (c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180
(1) (c) and (d) may be waived; or
(iii) The allegation under *RCW 13.34.180
(2) is established beyond a reasonable doubt. In determining whether RCW 13.34.180
(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.132
exist; or
(iv) The allegation under *RCW 13.34.180
(3) is established beyond a reasonable doubt; and
(b) Such an order is in the best interests of the child.
(2) The provisions of chapter
13.38
RCW must be followed in any proceeding under this chapter for termination of the parent-child relationship of an Indian child as defined in RCW 13.38.040
.
[
2011 c 309 s 30
;
2010 c 288 s 2
;
2000 c 122 s 26
;
1998 c 314 s 5
;
1993 c 412 s 3
;
1992 c 145 s 15
;
1990 c 284 s 33
;
1979 c 155 s 48
;
1977 ex.s. c 291 s 47
.]
NOTES:
*Reviser's note:
RCW 13.34.180
was amended by 2013 c 173 s 4, changing subsections (2) and (3) to subsections (3) and (4), respectively.
Finding
—
Effective date
—
1990 c 284:
See notes following RCW 74.13.250
.
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.34.200
Order terminating parent and child relationship
—
Rights of parties when granted.
(1) 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 as provided in RCW 13.34.215
: PROVIDED, That any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall so state.
(2) 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.
(3) 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.
[
2007 c 413 s 2
;
2003 c 227 s 7
;
2000 c 122 s 27
;
1977 ex.s. c 291 s 48
.]
NOTES:
Severability
—
2007 c 413:
See note following RCW 13.34.215
.
Intent
—
2003 c 227:
See note following RCW 13.34.130
.
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.34.210
Order terminating parent and child relationship
—
Custody where no one has parental rights.
If, upon entering an order terminating the parental rights of a parent, there remains no parent having parental rights, the court shall commit the child to the custody of the department willing to accept custody for the purpose of placing the child for adoption. If an adoptive home has not been identified, the department shall place the child in a licensed foster home, or take other suitable measures for the care and welfare of the child. The placement standards provided in RCW 13.34.130
continue to apply throughout the life of the case, except that the court need not consider whether reunification with the parent will be hindered when evaluating relative placements. The custodian shall have authority to consent to the adoption of the child consistent with chapter
26.33
RCW, the marriage of the child, the enlistment of the child in the armed forces of the United States, necessary surgical and other medical treatment for the child, and to consent to such other matters as might normally be required of the parent of the child.
If a child has not been adopted within six months after the date of the order and a guardianship of the child under chapter
13.36
RCW or a guardianship of a minor under RCW 11.130.215
has not been entered by the court, the court shall review the case every six months until a decree of adoption is entered. The department shall take reasonable steps to ensure that the child maintains relationships with siblings as provided in RCW 13.34.130
(7) and shall report to the court the status and extent of such relationships.
[
2022 c 127 s 3
;
2020 c 312 s 120
;
2018 c 284 s 21
;
2010 c 272 s 13
. Prior:
2009 c 520 s 35
;
2009 c 152 s 2
;
2003 c 227 s 8
;
2000 c 122 s 28
;
1991 c 127 s 6
;
1988 c 203 s 2
;
1979 c 155 s 49
;
1977 ex.s. c 291 s 49
.]
NOTES:
Effective date
—
2020 c 312:
See note following RCW 11.130.915
.
Intent
—
2003 c 227:
See note following RCW 13.34.130
.
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.34.212
Court-appointed attorney for a child in a dependency proceeding.
(1)(a) The court shall appoint an attorney for a child in a dependency proceeding six months after granting a petition to terminate the parent and child relationship pursuant to RCW 13.34.180
and when there is no remaining parent with parental rights.
(b) The court may appoint one attorney to a group of siblings, unless there is a conflict of interest, or such representation is otherwise inconsistent with the rules of professional conduct.
(c) Subject to availability of amounts appropriated for this specific purpose, the state shall pay the costs of legal services provided by an attorney appointed pursuant to (a) of this subsection if the legal services are provided in accordance with the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the statewide children's representation work group pursuant to section 5, chapter 180, Laws of 2010 until such time that new recommendations are adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
(d) The office of civil legal aid is responsible for implementation of (c) of this subsection as provided in RCW 2.53.045
.
(e) Legal services provided by an attorney pursuant to (a) of this subsection do not include representation of the child in any appellate proceedings relative to the termination of the parent and child relationship.
(2)(a) The court may appoint an attorney to represent the child's position in any dependency action on its own initiative, or upon the request of a parent, the child, a guardian ad litem, a caregiver, or the department.
(b)(i) If the court has not already appointed an attorney for a child, or the child is not represented by a privately retained attorney:
(A) The child's caregiver, or any individual, may refer the child to an attorney for the purposes of filing a motion to request appointment of an attorney at public expense; or
(B) The child or any individual may retain an attorney for the child for the purposes of filing a motion to request appointment of an attorney at public expense.
(ii) Nothing in this subsection changes or alters the confidentiality provisions of RCW 13.50.100
.
(c) The department and the child's guardian ad litem shall each notify a child of the child's right to request an attorney and shall ask the child whether the child wishes to have an attorney. The department and the child's guardian ad litem shall notify the child and make this inquiry immediately after:
(i) The date of the child's 12th birthday; or
(ii) Assignment of a case involving a child age 12 or older.
(d) The department and the child's guardian ad litem shall repeat the notification and inquiry at least annually and upon the filing of any motion or petition affecting the child's placement, services, or familial relationships.
(e) The notification and inquiry is not required if the child has already been appointed an attorney.
(f) The department shall note in the child's individual service and safety plan, and the guardian ad litem shall note in his or her report to the court, that the child was notified of the right to request an attorney and indicate the child's position regarding appointment of an attorney.
(g) At the first regularly scheduled hearing after:
(i) The date of the child's 12th birthday; or
(ii) The date that a dependency petition is filed pursuant to this chapter on a child age 12 or older;
the court shall inquire whether the child has received notice of his or her right to request an attorney from the department and the child's guardian ad litem. The court shall make an additional inquiry at the first regularly scheduled hearing after the child's 15th birthday. No inquiry is necessary if the child has already been appointed an attorney.
(3) Subject to the availability of amounts appropriated for this specific purpose:
(a) Pursuant to the phase-in schedule set forth in (c) of this subsection (3), the court must appoint an attorney for every child in a dependency proceeding as follows:
(i) For a child under the age of eight, appointment must be made for the dependency and termination action upon the filing of a termination petition. Nothing in this subsection shall be construed to limit the ability of the court to appoint an attorney to represent the child's position in a dependency action on its own initiative, or upon the request of a parent, the child, a guardian ad litem, a caregiver, or the department, prior to the filing of a termination petition.
(ii) For a child between the ages of eight through 17, appointment must be made upon the filing of a new dependency petition at or before the commencement of the shelter care hearing.
(iii) For any pending or open dependency case where the child is unrepresented and is entitled to the appointment of an attorney under (a)(i) or (ii) of this subsection, appointment must be made at or before the next hearing if the child is eligible for representation pursuant to the phase-in schedule. At the next hearing, the court shall inquire into the status of attorney representation for the child, and if the child is not yet represented, appointment must be made at the hearing.
(b) Appointment is not required if the court has already appointed an attorney for the child, or the child is represented by a privately retained attorney.
(c) The statewide children's legal representation program shall develop a schedule for court appointment of attorneys for every child in dependency proceedings that will be phased in on a county-by-county basis over an 11-year period. The schedule required under this subsection must not add more than 1,250 cases each fiscal year and:
(i) To the extent practicable, prioritize implementation in counties that have:
(A) No current practice of appointment of attorneys for children in dependency cases; or
(B) Significant prevalence of racial disproportionality or disparities in the number of dependent children compared to the general population, or both;
(ii) Include representation in at least:
(A) Three counties beginning July 1, 2022;
(B) Eight counties beginning January 1, 2023;
(C) Fifteen counties beginning January 1, 2024;
(D) Twenty counties beginning January 1, 2025;
(E) Thirty counties beginning January 1, 2030;
(F) Thirty-six counties beginning January 1, 2031; and
(iii) Achieve full statewide implementation by January 1, 2032.
(d) In cases where the statewide children's legal representation program provides funding and where consistent with its administration and oversight responsibilities, the statewide children's legal representation program should prioritize continuity of counsel for children who are already represented at county expense when the statewide children's legal representation program becomes effective in a county. The statewide children's legal representation program shall coordinate with relevant county stakeholders to determine how best to prioritize this continuity of counsel.
(e) The statewide children's legal representation program is responsible for the recruitment, training, and oversight of attorneys providing standards-based representation pursuant to (a) and (c) of this subsection as provided in RCW 2.53.045
and shall ensure that attorneys representing children pursuant to this section provide legal services according to the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
[
2025 c 413 s 1
;
2024 c 25 s 1
;
2021 c 210 s 6
.]
NOTES:
Findings
—
Intent
—
2021 c 210:
See note following RCW 13.34.090
.
RCW 13.34.215
Petition reinstating terminated parental rights
—
Notice
—
Achievement of permanency plan
—
Effect of granting the petition
—
Hearing
—
Child support liability
—
Retroactive application
—
Limitation on liability.
(1) A child may petition the juvenile court to reinstate the previously terminated parental rights of his or her parent under the following circumstances:
(a) The child was previously found to be a dependent child under this chapter;
(b) The child's parent's rights were terminated in a proceeding under this chapter;
(c)(i) The child has not achieved his or her permanency plan; or
(ii) While the child achieved a permanency plan, it has not since been sustained;
(d) Three years have passed since the final order of termination was entered; and
(e) The child must be at least twelve years old at the time the petition is filed. Upon the child's motion for good cause shown, or on its own motion, the court may hear a petition filed by a child younger than twelve years old.
(2) If the child is eligible to petition the juvenile court under subsection (1) of this section and a parent whose rights have been previously terminated contacts the department or the child's guardian ad litem regarding reinstatement, the department or the guardian ad litem must notify the eligible child about his or her right to petition for reinstatement of parental rights.
(3) A child seeking to petition under this section shall be provided counsel at no cost to the child.
(4) The petition must be signed by the child in the absence of a showing of good cause as to why the child could not do so.
(5) If, after a threshold hearing to consider the parent's apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the juvenile court shall order that a hearing on the merits of the petition be held.
(6) The court shall give prior notice for any proceeding under this section, or cause prior notice to be given, to the department, the child's attorney, and the child. The court shall also order the department to give prior notice of any hearing to the child's former parent whose parental rights are the subject of the petition, any parent whose rights have not been terminated, the child's current foster parent, relative caregiver, guardian or custodian, and the child's tribe, if applicable.
(7) The juvenile court shall conditionally grant the petition if it finds by clear and convincing evidence that the child has not achieved his or her permanency plan and is not likely to imminently achieve his or her permanency plan and that reinstatement of parental rights is in the child's best interest. In determining whether reinstatement is in the child's best interest the court shall consider, but is not limited to, the following:
(a) Whether the parent whose rights are to be reinstated is a fit parent and has remedied his or her deficits as provided in the record of the prior termination proceedings and prior termination order;
(b) The age and maturity of the child, and the ability of the child to express his or her preference;
(c) Whether the reinstatement of parental rights will present a risk to the child's health, welfare, or safety; and
(d) Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition.
(8) In determining whether the child has or has not achieved his or her permanency plan or whether the child is likely to achieve his or her permanency plan, the department shall provide the court, and the court shall review, information related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship.
(9)(a) If the court conditionally grants the petition under subsection (7) of this section, the case will be continued for six months and a temporary order of reinstatement entered. During this period, the child shall be placed in the custody of the parent. The department shall develop a permanency plan for the child reflecting the plan to be reunification and shall provide transition services to the family as appropriate.
(b) If the child must be removed from the parent due to abuse or neglect allegations prior to the expiration of the conditional six-month period, the court shall dismiss the petition for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.
(c) If the child has been successfully placed with the parent for six months, the court order reinstating parental rights remains in effect and the court shall dismiss the dependency.
(10) After the child has been placed with the parent for six months, the court shall hold a hearing. If the placement with the parent has been successful, the court shall enter a final order of reinstatement of parental rights, which shall restore all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including those relating to custody, control, and support of the child. The court shall dismiss the dependency and direct the clerk's office to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost.
(11) The granting of the petition under this section does not vacate or otherwise affect the validity of the original termination order.
(12) Any parent whose rights are reinstated under this section shall not be liable for any child support owed to the department pursuant to RCW 13.34.160
or Title
26
RCW or costs of other services provided to a child for the time period from the date of termination of parental rights to the date parental rights are reinstated.
(13) A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. An order granted under this section reinstates the parental rights to the child. This reinstatement is a recognition that the situation of the parent and child have changed since the time of the termination of parental rights and reunification is now appropriate.
(14) This section is retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(15) The state, the department, and its employees are not liable for civil damages resulting from any act or omission in the provision of services under this section, unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. This section does not create a cause of action against the state, the department, or its employees concerning the original termination.
[
2018 c 284 s 22
;
2011 c 292 s 2
;
2010 c 180 s 4
;
2009 c 520 s 36
;
2008 c 267 s 1
;
2007 c 413 s 1
.]
NOTES:
Findings
—
2010 c 180:
See note following RCW 13.34.100
.
Severability
—
2007 c 413:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2007 c 413 s 13
.]
RCW 13.34.232
Guardianship for dependent child
—
Order, contents
—
Rights and duties of dependency guardian.
(1) An order establishing a dependency guardianship shall:
(a) Appoint a person or agency to serve as dependency guardian for the limited purpose of assisting the court to supervise the dependency;
(b) Specify the dependency guardian's rights and responsibilities concerning the care, custody, and control of the child. A dependency guardian shall not have the authority to consent to the child's adoption;
(c) Specify the dependency guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;
(d) Specify an appropriate frequency of visitation between the parent and the child; and
(e) Specify the need for any continued involvement of the *supervising agency and the nature of that involvement, if any.
(2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the physical custody of the child and have the following rights and duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required by law, and routine health care for the child;
(c) Consent to necessary health and surgical care and sign a release of health care information to appropriate authorities, pursuant to law;
(d) Consent to social and school activities of the child; and
(e) Provide an annual written accounting to the court regarding receipt by the dependency guardian of any funds, benefits, or property belonging to the child and expenditures made therefrom.
(3) As used in this section, the term "health care" includes, but is not limited to, medical, dental, psychological, and psychiatric care and treatment.
(4) The child shall remain dependent for the duration of the guardianship. While the guardianship remains in effect, the dependency guardian shall be a party to any dependency proceedings pertaining to the child.
(5) The guardianship shall remain in effect only until the child is eighteen years of age or until the court terminates the guardianship order, whichever occurs sooner.
[
2010 c 272 s 14
;
1994 c 288 s 7
;
1993 c 412 s 4
;
1981 c 195 s 3
.]
NOTES:
*Reviser's note:
The definition for "supervising agency" for chapter
13.34
RCW was deleted by
2018 c 284 s 3
.
RCW 13.34.233
Guardianship for dependent child
—
Modification or termination of order
—
Hearing
—
Termination of guardianship.
(1) Any party may request the court under RCW 13.34.150
to modify or terminate a dependency guardianship order. Notice of any motion to modify or terminate the guardianship shall be served on all other parties, including any agency that was responsible for supervising the child's placement at the time the guardianship petition was filed. Notice in all cases shall be served upon the department. If the department was not previously a party to the guardianship proceeding, the department shall nevertheless have the right to: (a) Initiate a proceeding to modify or terminate a guardianship; and (b) intervene at any stage of such a proceeding.
(2) The guardianship may be modified or terminated upon the motion of any party, or the department if the court finds by a preponderance of the evidence that there has been a substantial change of circumstances subsequent to the establishment of the guardianship and that it is in the child's best interest to modify or terminate the guardianship. The court shall hold a hearing on the motion before modifying or terminating a guardianship.
(3) Upon entry of an order terminating the guardianship, the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the child's dependency guardian to attend dependency review proceedings pertaining to the child for the sole purpose of providing information about the child to the court.
(4) Upon entry of an order terminating the guardianship, the child shall remain dependent and the court shall either return the child to the child's parent or order the child into the custody, control, and care of the department for placement in a foster home or group care facility licensed pursuant to chapter
74.15
RCW or in a home not required to be licensed pursuant to such chapter. The court shall not place a child in the custody of the child's parent unless the court finds that reasons for removal as set forth in RCW 13.34.130
no longer exist and that such placement is in the child's best interest. The court shall thereafter conduct reviews as provided in RCW 13.34.138
and, where applicable, shall hold a permanency planning hearing in accordance with RCW 13.34.145
.
[
2018 c 284 s 23
;
2009 c 520 s 38
;
2000 c 122 s 30
;
1995 c 311 s 24
;
1994 c 288 s 8
;
1981 c 195 s 4
.]
RCW 13.34.234
Guardianship for dependent child
—
Dependency guardianship subsidies.
A dependency guardian who is a licensed foster parent at the time the guardianship is established under this chapter and who has been the child's foster parent for a minimum of six consecutive months preceding entry of the guardianship order may be eligible for a guardianship subsidy on behalf of the child.
[
2010 c 272 s 15
;
2009 c 235 s 6
;
1994 c 288 s 9
;
1981 c 195 s 5
.]
NOTES:
Findings
—
Intent
—
2009 c 235:
See note following RCW 74.13.031
.
RCW 13.34.235
Guardianship for dependent child
—
Review hearing requirements not applicable
—
Exception.
A dependency guardianship is not subject to the review hearing requirements of RCW 13.34.138
unless ordered by the court under RCW 13.34.232
(1)(e).
[
2000 c 122 s 31
;
1981 c 195 s 6
.]
RCW 13.34.237
Guardianship for dependent child
—
Subject to dependency and termination of parent-child relationship provisions
—
Exceptions
—
Request to convert dependency guardianship to guardianship
—
Dismissal of dependency.
(1) Notwithstanding the provisions of chapter
13.36
RCW, a dependency guardianship established by court order under this chapter and in force on June 10, 2010, shall remain subject to the provisions of this chapter unless: (a) The dependency guardianship is modified or terminated under the provisions of this chapter; or (b) the dependency guardianship is converted by court order to a guardianship pursuant to a petition filed under RCW 13.36.030
.
(2) A dependency guardian or the department or *supervising agency may request the juvenile court to convert a dependency guardianship established under this chapter to a guardianship under chapter
13.36
RCW by filing a petition under RCW 13.36.030
. If both the dependency guardian and the department or *supervising agency agree that the dependency guardianship should be converted to a guardianship under this chapter, and if the court finds that such conversion is in the child's best interests, the court shall grant the petition and enter an order of guardianship in accordance with RCW 13.36.050
.
(3) The court shall dismiss the dependency established under this chapter upon the entry of a guardianship order under chapter
13.36
RCW.
[
2010 c 272 s 11
.]
NOTES:
*Reviser's note:
The definition for "supervising agency" for chapter
13.34
RCW was deleted by
2018 c 284 s 3
.
RCW 13.34.240
Acts, records, and proceedings of Indian tribe or band given full faith and credit.
The courts of this state shall give full faith and credit as provided for in the United States Constitution to the public acts, records, and judicial proceedings of any Indian tribe or band in any proceeding brought pursuant to this chapter to the same extent that full faith and credit is given to the public acts, records, and judicial proceedings of any other state.
[
1979 c 155 s 52
.]
NOTES:
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
RCW 13.34.245
Voluntary consent to foster care placement for Indian child
—
Validation
—
Withdrawal of consent
—
Termination.
(1) Where any parent or Indian custodian voluntarily consents to foster care placement of an Indian child and a petition for dependency has not been filed regarding the child, such consent shall not be valid unless executed in writing before the court and filed with the court. The consent shall be accompanied by the written certification of the court that the terms and consequences of the consent were fully explained in detail to the parent or Indian custodian during the court proceeding and were fully understood by the parent or Indian custodian. The court shall also certify in writing either that the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, the birth of the Indian child shall not be valid.
(2) To obtain court validation of a voluntary consent to foster care placement, any person may file a petition for validation alleging that there is located or residing within the county an Indian child whose parent or Indian custodian wishes to voluntarily consent to foster care placement of the child and requesting that the court validate the consent as provided in this section. The petition shall contain the name, date of birth, and residence of the child, the names and residences of the consenting parent or Indian custodian, and the name and location of the Indian tribe in which the child is a member or eligible for membership. The petition shall state whether the placement preferences of 25 U.S.C. Sec. 1915 (b) or (c) will be followed. Reasonable attempts shall be made by the petitioner to ascertain and set forth in the petition the identity, location, and custodial status of any parent or Indian custodian who has not consented to foster care placement and why that parent or Indian custodian cannot assume custody of the child.
(3) Upon filing of the petition for validation, the clerk of the court shall schedule the petition for a hearing on the court validation of the voluntary consent no later than forty-eight hours after the petition has been filed, excluding Saturdays, Sundays, and holidays. Notification of time, date, location, and purpose of the validation hearing shall be provided as soon as possible to the consenting parent or Indian custodian, the department which is to assume responsibility for the child's placement and care pursuant to the consent to foster care placement, and the Indian tribe in which the child is enrolled or eligible for enrollment as a member. If the identity and location of any nonconsenting parent or Indian custodian is known, reasonable attempts shall be made to notify the parent or Indian custodian of the consent to placement and the validation hearing. Notification under this subsection may be given by the most expedient means, including, but not limited to, mail, personal service, telephone, and telegraph.
(4) Any parent or Indian custodian may withdraw consent to a voluntary foster care placement, made under this section, at any time. Unless the Indian child has been taken in 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, the Indian child shall be returned to the parent or Indian custodian upon withdrawal of consent to foster care placement of the child.
(5) Upon termination of the voluntary foster care placement and return of the child to the parent or Indian custodian, the department which had assumed responsibility for the child's placement and care pursuant to the consent to foster care placement shall file with the court written notification of the child's return and shall also send such notification to the Indian tribe in which the child is enrolled or eligible for enrollment as a member and to any other party to the validation proceeding including any noncustodial parent.
[
2018 c 284 s 24
;
2009 c 520 s 39
;
1997 c 386 s 18
;
1987 c 170 s 2
.]
NOTES:
Application
—
1997 c 386:
See note following RCW 13.50.010
.
Severability
—
1987 c 170:
See note following RCW 13.04.030
.
RCW 13.34.260
Foster home placement
—
Parental preferences
—
Foster parent contact with birth parents encouraged.
(1) In an attempt to minimize the inherent intrusion in the lives of families involved in the foster care system and to maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child with a relative or other suitable person pursuant to RCW 13.34.130
. Preferences such as family constellation, sibling relationships, ethnicity, and religion shall be considered when matching children to foster homes. Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and shall be integrated through the foster care team.
(2) When a child is placed in out-of-home care, relatives, other suitable persons, and foster parents are encouraged to:
(a) Provide consultation to the foster care team based upon their experience with the child placed in their care;
(b) Assist the birth parents by helping them understand their child's needs and correlating appropriate parenting responses;
(c) Participate in educational activities, and enter into community-building activities with birth families and other foster families;
(d) Transport children to family time visits with birth families and assist children and their families in maximizing the purposefulness of family time.
(3) For purposes of this section:
(a) "Foster care team" means the relative, other suitable person, or foster parent currently providing care, the currently assigned department employee, and the parent or parents; and
(b) "Birth family" means the persons described in RCW 74.15.020
(2)(a).
[
2011 c 89 s 5
;
2009 c 491 s 5
;
2003 c 226 s 2
;
2002 c 52 s 7
;
2000 c 122 s 32
;
1990 c 284 s 25
.]
NOTES:
Effective date
—
2011 c 89:
See note following RCW 18.320.005
.
Findings
—
2011 c 89:
See RCW 18.320.005
.
Findings
—
Intent
—
2003 c 226:
"The legislature finds that a large group of children spend a significant part of their lives in foster care. Each individual connected to a child in an out-of-home placement must have an abiding appreciation of the seriousness of the child's separation from his or her family and the past, whether that separation is short, long, or permanent in nature. It is the intent of the legislature to recognize and honor the history and the family connections that each child brings to an out-of-home placement.
The legislature finds that creating and sanctioning a connection between a child's birth parents and foster family, when appropriate, can result in better relationships among birth families, children, foster families, and social workers. Creating and sanctioning this connection can result in greater foster placement stability and fewer disruptions for children, as well as greater satisfaction for foster parents and social workers." [
2003 c 226 s 1
.]
Intent
—
2002 c 52:
See note following RCW 13.34.025
.
Finding
—
Effective date
—
1990 c 284:
See notes following RCW 74.13.250
.
RCW 13.34.265
Foster home placement
—
Considerations.
If a child has been previously placed in out-of-home care and is subsequently returned to out-of-home care, and the department cannot locate an appropriate and available relative or other suitable person, the preferred placement for the child is in a foster family home where the child previously was placed, if the following conditions are met:
(1) The foster family home is available and willing to care for the child;
(2) The foster family is appropriate and able to meet the child's needs; and
(3) The placement is in the best interest of the child.
[
2009 c 482 s 2
.]
RCW 13.34.267
Extended foster care services
—
Maintenance of dependency proceeding
—
Placement, care of youth
—
Appointment of counsel
—
Case plan.
(1) In order to facilitate the delivery of extended foster care services, the court, upon the agreement of the youth to participate in the extended foster care program, shall maintain the dependency proceeding for any youth who is dependent at the age of 18 years until the youth turns 21 or withdraws their agreement to participate.
(2) For the purposes of pursuing federal reimbursement only, the department may request judicial findings that a youth is:
(a) Enrolled in a secondary education program or a secondary education equivalency program;
(b) Enrolled and participating in a postsecondary academic or postsecondary vocational program, or has applied for and can demonstrate that he or she intends to timely enroll in a postsecondary academic or postsecondary vocational program;
(c) Participating in a program or activity designed to promote employment or remove barriers to employment;
(d) Engaged in employment for 80 hours or more per month; or
(e) Not able to engage in any of the activities described in (a) through (d) of this subsection due to a documented medical condition.
(3) When the court maintains the dependency proceeding of a youth pursuant to subsection (1) of this section, the youth is eligible to receive extended foster care services pursuant to RCW 74.13.031, subject to the youth's continuing agreement to participate.
(4) A dependent youth receiving extended foster care services is a party to the dependency proceeding. The youth's parent or guardian must be dismissed from the dependency proceeding when the youth reaches the age of 18.
(5) The court shall dismiss the dependency proceeding for any youth who is a dependent and who, at the age of 18 years, does not agree to participate in the program.
(6) The court shall order a youth participating in extended foster care services to be under the placement and care authority of the department, subject to the youth's continuing agreement to participate in extended foster care services. The department may establish foster care rates appropriate to the needs of the youth participating in extended foster care services. The department's placement and care authority over a youth receiving extended foster care services is solely for the purpose of providing services and does not create a legal responsibility for the actions of the youth receiving extended foster care services.
(7)(a) If a youth does not already have counsel, the court shall appoint counsel to represent a youth, as defined in RCW 13.34.030
(2)(b), in dependency proceedings under this section. Subject to amounts appropriated, the state shall pay the costs of legal services provided by an attorney appointed pursuant to this subsection based on the phase-in schedule outlined in RCW 13.34.212, provided that the legal services are provided in accordance with the rules of professional conduct, the standards of practice, caseload limits, and training guidelines adopted by the children's representation work group established in section 9, chapter 210, Laws of 2021.
(b) In cases where the statewide children's legal representation program provides funding and where consistent with its administration and oversight responsibilities, the statewide children's legal representation program should prioritize continuity of counsel for children who are already represented at county expense when the statewide children's legal representation program becomes effective in a county. The statewide children's legal representation program shall coordinate with relevant county stakeholders to determine how best to prioritize continuity of counsel.
(8) The case plan for and delivery of services to a youth receiving extended foster care services is subject to the review requirements set forth in RCW 13.34.138
and
13.34.145, and should be applied in a developmentally appropriate manner, as they relate to youth age 18 to 21 years. Additionally, the court shall consider:
(a) Whether the youth is safe in his or her placement;
(b) Whether the current placement is developmentally appropriate for the youth;
(c) The youth's development of independent living skills; and
(d) The youth's overall progress toward transitioning to full independence and the projected date for achieving such transition.
(9) Prior to the review hearing, the youth's attorney shall indicate whether there are any contested issues and may provide additional information necessary for the court's review.
[
2024 c 192 s 3
;
2021 c 210 s 10
;
2018 c 34 s 1
;
2015 c 240 s 1
;
2014 c 122 s 1
;
2013 c 332 s 4
;
2012 c 52 s 4
;
2011 c 330 s 7
.]
NOTES:
Findings
—
Intent
—
2024 c 192:
See note following RCW 13.34.030
.
Findings
—
Intent
—
2021 c 210:
See note following RCW 13.34.090
.
Effective date
—
2018 c 34:
"This act takes effect July 1, 2018." [
2018 c 34 s 6
.]
Effective date
—
2015 c 240:
"This act takes effect July 1, 2016." [
2015 c 240 s 6
.]
Effective date
—
2014 c 122:
"This act takes effect March 1, 2015." [
2014 c 122 s 3
.]
Findings
—
2013 c 332:
"(1) The legislature finds that the federal fostering connections to success and increasing adoptions act of 2008 provides important new opportunities to increase the impact of state funding through maximizing the amount of federal funding available to promote permanency and positive outcomes for dependent youth.
(2) The legislature also finds that children and adolescents who are legal dependents of Washington state have experienced significant trauma and loss, putting them at increased risk for poor life outcomes. Longitudinal research on the adult functioning of former foster youth indicates a disproportionate likelihood that youth aging out of foster care and those who spent several years in care will experience poor outcomes in a variety of areas, including limited human capital upon which to build economic security and inability to fully take advantage of secondary and postsecondary educational opportunities, untreated mental or behavioral health problems, involvement in the criminal justice and corrections systems, and early parenthood combined with second-generation child welfare involvement.
(3) The legislature further finds that research also demonstrates that access to adequate and appropriate supports during the period of transition from foster care to independence can have significant positive impacts on adult functioning and can improve outcomes relating to educational attainment and postsecondary enrollment, employment and earnings, and reduced rates of teen pregnancies." [
2013 c 332 s 1
.]
Recommendations
—
2013 c 332:
"No later than September 1, 2013, the department of social and health services shall develop recommendations regarding the needs of dependent youth in juvenile rehabilitation administration institutions and report those recommendations to the governor and appropriate legislative committees. The report must include specific recommendations regarding how these youth may access services under the extended foster care program. The recommendations must be developed by the children's administration and the juvenile rehabilitation administration in consultation with youth who have been involved with the juvenile rehabilitation administration and representatives from community stakeholders and the courts." [
2013 c 332 s 14
.]
Application
—
2013 c 332:
"This act applies prospectively only and not retroactively. It applies to:
(1) Dependency matters that have an open court case on July 28, 2013; and
(2) Dependency matters for which a petition is filed on or after July 28, 2013." [
2013 c 332 s 15
.]
Intent
—
2012 c 52:
See note following RCW 74.13.031
.
Intent
—
2011 c 330:
See note following RCW 13.04.011
.
RCW 13.34.268
Extended foster care services
—
Voluntary placement agreement
—
Decline
—
Petition for dependency.
(1)(a) If a youth prior to reaching age twenty-one years requests extended foster care services from the department pursuant to RCW 74.13.336, and the department declines to enter into a voluntary placement agreement with the youth, the department must provide written documentation to the youth which contains:
(i) The date that the youth requested extended foster care services;
(ii) The department's reasons for declining to enter into a voluntary placement agreement with the youth and the date of the department's decision; and
(iii) Information regarding the youth's right to ask the court to establish a dependency for the purpose of providing extended foster care services and his or her right to counsel to assist in making that request.
(b) The written documentation pursuant to (a) of this subsection must be provided to the youth within ten days of the department's decision not to enter into a voluntary placement agreement with the youth.
(2)(a) A youth seeking to participate in extended foster care after being declined by the department under subsection (1) of this section may file a notice of intent to file a petition for dependency, asking the court to determine his or her eligibility for extended foster care services, and to enter an order of dependency. If the youth chooses to file such notice, it must be filed within thirty days of the date of the department's decision.
(b) Upon filing the notice, the youth must be provided counsel at no cost to him or her. Upon receipt of the youth's petition, the court must set a hearing date to determine whether the petition should be granted.
[
2018 c 34 s 2
;
2013 c 332 s 6
.]
NOTES:
Effective date
—
2018 c 34:
See note following RCW 13.34.267
.
Findings
—
Recommendations
—
Application
—
2013 c 332:
See notes following RCW 13.34.267
.
RCW 13.34.270
Child with developmental disability
—
Out-of-home placement
—
Permanency planning hearing.
(1) Whenever the department of social and health services places a child with a developmental disability in out-of-home care pursuant to *RCW 74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that continued placement is in the best interests of the child. If the child's out-of-home placement ends before one hundred eighty days have elapsed, no judicial determination is required.
(2) To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability and that the child has been placed in out-of-home care pursuant to *RCW 74.13.350
. The petition shall request that the court review the child's placement, make a determination whether continued placement is in the best interests of the child, and take other necessary action as provided in this section. The petition shall contain the name, date of birth, and residence of the child and the names and residences of the child's parent or legal guardian who has agreed to the child's placement in out-of-home care. Reasonable attempts shall be made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall schedule the petition for a hearing to be held no later than fourteen calendar days after the petition has been filed. The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the child's placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parent's identity and location is known. Notification under this section may be given by the most expedient means, including but not limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the child as provided in RCW 13.34.100, unless the court for good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this section. At the hearing, the court shall review whether the child's best interests are served by continued out-of-home placement and determine the future legal status of the child.
(a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least nine months and an adoption decree or guardianship order under chapter
11.130
RCW has not previously been entered. The hearing shall take place no later than twelve months following commencement of the child's current placement episode.
(b) For children over age ten, a permanency planning hearing shall be held in all cases where the child has remained in out-of-home care for at least fifteen months and an adoption decree or guardianship order under chapter
11.130
RCW has not previously been entered. The hearing shall take place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written permanency plan to the court and shall mail a copy of the plan to all parties. The plan shall be directed toward securing a safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of the child's parent or legal guardian; adoption; guardianship; or long-term out-of-home care, until the child is age eighteen, with a written agreement between the parties and the child's care provider.
(d) If a goal of long-term out-of-home care has been achieved before the permanency planning hearing, the court shall review the child's status to determine whether the placement and the plan for the child's care remains appropriate. In cases where the primary permanency planning goal has not been achieved, the court shall inquire regarding the reasons why the primary goal has not been achieved and determine what needs to be done to make it possible to achieve the primary goal.
(e) Following the first permanency planning hearing, the court shall hold a further permanency planning hearing in accordance with this section at least once every twelve months until a permanency planning goal is achieved or the voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement may terminate the agreement at any time. Upon termination of the agreement, the child shall be returned to the care of the child's parent or legal guardian, 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
. The department shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the child's parent or legal guardian. Whenever a voluntary placement agreement is terminated, an action under this section shall be dismissed.
(7) When state or federal funds are expended for the care and maintenance of a child with a developmental disability, placed in care as a result of an action under this chapter, the department shall refer the case to the division of child support, unless the department finds that there is good cause not to pursue collection of child support against the parent or parents of the child.
(8) This section does not prevent the department of children, youth, and families from filing a dependency petition if there is reason to believe that the child is a dependent child as defined in RCW 13.34.030
. An action filed under this section shall be dismissed upon the filing of a dependency petition regarding a child who is the subject of the action under this section.
(9) For purposes of this section, unless the context clearly requires otherwise, "department" means the department of social and health services.
[
2020 c 312 s 725
;
2019 c 470 s 1
;
2004 c 183 s 2
;
2000 c 122 s 33
;
1998 c 229 s 2
;
1997 c 386 s 19
.]
NOTES:
Reviser's note:
*(1) RCW 74.13.350
was recodified as RCW 71A.28.010
pursuant to
2020 c 41 s 6
.
(2)
RCW 13.34.270
was amended by 2020 c 312 s 725 without cognizance of its repeal by
2020 c 41 s 5
. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025
.
Effective dates
—
2020 c 312:
See note following RCW 11.130.915
.
Effective date
—
2004 c 183:
See note following RCW 13.34.160
.
Application
—
1997 c 386:
See note following RCW 13.50.010
.
PDF
RCW 13.34.270
Child with developmental disability
—
Out-of-home placement
—
Permanency planning hearing.

[
2019 c 470 s 1
;
2004 c 183 s 2
;
2000 c 122 s 33
;
1998 c 229 s 2
;
1997 c 386 s 19
.]
NOTES:
Reviser's note:
RCW 13.34.270
was amended by 2020 c 312 s 725 without cognizance of its repeal by
2020 c 41 s 5
. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025
.
RCW 13.34.300
Relevance of failure to cause juvenile to attend school to neglect petition.
The legislature finds that it is the responsibility of the custodial parent, parents or guardian to ensure that children within the custody of such individuals attend school as provided for by law. To this end, while a parent's failure to cause a juvenile to attend school should not alone provide a basis for a neglect petition against the parent or guardian, when a neglect petition is filed on the basis of other evidence, a parent or guardian's failure to take reasonable steps to ensure that the juvenile attends school may be relevant to the question of the appropriate disposition of a neglect petition.
[
2000 c 122 s 34
;
1979 ex.s. c 201 s 3
.]
RCW 13.34.315
Health care
—
Evaluation and treatment.
Whenever a child is ordered removed from his or her home pursuant to this chapter, the agency charged with his or her care may authorize an evaluation and treatment for the child's routine and necessary medical, dental, or mental health care, and all necessary emergency care.
[
2006 c 221 s 2
.]
NOTES:
Finding
—
2006 c 221:
"The legislature recognizes that foster children have enhanced health care needs and that it is necessary to improve the system of providing health care for foster children. The legislature further recognizes the importance of meeting the mental health needs of children in foster care, as well as their medical and dental health care needs. The legislature finds that there must be greater coordination and integration of systems, in particular coordination between children's administration and the health and recovery services administration as well as other agencies that provide or pay for health services for foster youth, to ensure that the health care needs of children in foster care are met in a timely manner." [
2006 c 221 s 1
.]
RCW 13.34.320
Inpatient mental health treatment
—
When parental consent required
—
Hearing.
The department shall obtain the prior consent of a child's parent, legal guardian, or legal custodian before a dependent child is admitted into an inpatient mental health treatment facility. If the child's parent, legal guardian, or legal custodian is unavailable or does not agree with the proposed admission, the department shall request a hearing and provide notice to all interested parties to seek prior approval of the juvenile court before such admission. In the event that an emergent situation creating a risk of substantial harm to the health and welfare of a child in the custody of the department does not allow time for the department to obtain prior approval or to request a court hearing before consenting to the admission of the child into an inpatient mental health hospital, the department shall seek court approval by requesting that a hearing be set on the first available court date.
[
2018 c 284 s 25
;
2009 c 520 s 40
;
1999 c 188 s 2
.]
NOTES:
Intent
—
1999 c 188:
"It is the intent of the legislature that minor children in the care and custody of the department of social and health services under chapter
13.34
RCW be provided the most appropriate possible mental health care consistent with the child's best interests, family reconciliation, the child's medical need for mental health treatment, available state and community resources, and professional standards of medical care. The legislature intends that admission of such minors for mental health hospitalization be made pursuant to the criteria and standards for mental health services for minors established in chapter
71.34
RCW, and that minor children in the care and custody of the department in need of mental health hospitalization shall retain all rights set forth therein. The legislature specifically intends that this act may not be construed to affect the standards or procedures established for the involuntary commitment of minors under chapter
71.34
RCW." [
1999 c 188 s 1
.]
RCW 13.34.330
Inpatient mental health treatment
—
Placement.
A dependent child who is admitted to an inpatient mental health facility shall be placed in a facility, with available treatment space, that is closest to the family home, unless the department, in consultation with the admitting authority finds that admission in the facility closest to the child's home would jeopardize the health or safety of the child.
[
2018 c 284 s 26
;
2009 c 520 s 41
;
1999 c 188 s 3
.]
NOTES:
Intent
—
1999 c 188:
See note following RCW 13.34.320
.
RCW 13.34.340
Release of records
—
Disclosure to treating physician.
For minors who cannot consent to the release of their records with the department because they are not old enough to consent to treatment, or, if old enough, lack the capacity to consent, or if the minor is receiving treatment involuntarily with a provider the department has authorized to provide mental health treatment under RCW 13.34.320, the department shall disclose, upon the treating physician's request, all relevant records, including the minor's passport as established under RCW 74.13.285, in the department's possession that the treating physician determines contain information required for treatment of the minor. The treating physician shall maintain all records received from the department in a manner that distinguishes the records from any other records in the minor's file with the treating physician and the department records may not be disclosed by the treating physician to any other person or entity absent a court order except that, for medical purposes only, a treating physician may disclose the department records to another treating physician.
[
2018 c 284 s 27
;
2009 c 520 s 42
;
2000 c 122 s 35
;
1999 c 188 s 4
.]
NOTES:
Intent
—
1999 c 188:
See note following RCW 13.34.320
.
RCW 13.34.350
Dependent children
—
Information sharing
—
Guidelines.
In order to facilitate communication of information needed to serve the best interest of any child who is the subject of a dependency case filed under this chapter, the department shall, consistent with state and federal law governing the release of confidential information, establish guidelines, and shall use those guidelines for the facilitation of communication of relevant information among divisions, providers, the courts, the family, caregivers, caseworkers, and others.
[
2009 c 520 s 43
;
2001 c 52 s 2
.]
NOTES:
Finding
—
2001 c 52:
"Recent analysis of the child dependency system following the death of Zy'Nyia Nobles indicated poor communication of relevant information from the courts, to the department, within programs between caseworkers, between divisions, among specialists, caregivers, and family. Appropriate service delivery necessitates communication of relevant information. Barriers to appropriate communication must be eliminated." [
2001 c 52 s 1
.]
Construction
—
2001 c 52:
"Nothing in this act shall be construed to create a private right of action or claim against the department of social and health services on the part of any individual or organization." [
2001 c 52 s 4
.]
RCW 13.34.360
Transfer of newborn to qualified person
—
Criminal liability
—
Notification to child protective services
—
Definitions.
(1) For purposes of this section:
(a) "Appropriate location" means (i) the emergency department of a hospital licensed under chapter
70.41
RCW during the hours the hospital is in operation; (ii) a fire station during its hours of operation and while fire personnel are present; or (iii) a federally designated rural health clinic during its hours of operation.
(b) "Newborn" means a live human being who is less than seventy-two hours old.
(c) "Qualified person" means (i) any person that the parent transferring the newborn reasonably believes is a bona fide employee, volunteer, or medical staff member of the hospital or federally designated rural health clinic and who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs; or (ii) a firefighter, volunteer, or emergency medical technician at a fire station who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn's immediate needs.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location is not subject to criminal liability under RCW 9A.42.060, 9A.42.070, 9A.42.080, 26.20.030, or
26.20.035
.
(3)(a) The qualified person at an appropriate location shall not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
(b) The qualified person at an appropriate location shall attempt to protect the anonymity of the parent who transfers the newborn, while providing an opportunity for the parent to anonymously give the qualified person such information as the parent knows about the family medical history of the parents and the newborn. The qualified person at an appropriate location shall provide referral information about adoption options, counseling, appropriate medical and emotional aftercare services, domestic violence, and legal rights to the parent seeking to transfer the newborn.
(c) If a parent of a newborn transfers the newborn to a qualified person at an appropriate location pursuant to this section, the qualified person shall cause child protective services to be notified within twenty-four hours after receipt of such a newborn. Child protective services shall assume custody of the newborn within twenty-four hours after receipt of notification.
(d) A federally designated rural health clinic is not required to provide ongoing medical care of a transferred newborn beyond that already required by law and may transfer the newborn to a hospital licensed under chapter
70.41
RCW. The federally designated rural health clinic shall notify child protective services of the transfer of the newborn to the hospital.
(e) A hospital, federally designated rural health clinic, or fire station, its employees, volunteers, and medical staff are immune from any criminal or civil liability for accepting or receiving a newborn under this section.
(4)(a) Beginning July 1, 2011, an appropriate location shall post a sign indicating that the location is an appropriate place for the safe and legal transfer of a newborn.
(b) To cover the costs of acquiring and placing signs, appropriate locations may accept nonpublic funds and donations.
(5) The department shall collect and compile information concerning the number of newborns transferred under this section after June 7, 2018. The department shall report its findings to the public annually, which may be on its website, beginning July 31, 2018.
[
2018 c 182 s 2
;
2009 c 290 s 1
;
2002 c 331 s 2
.]
NOTES:
Findings
—
Intent
—
2018 c 182:
"The legislature finds that on February 12, 2014, the body of a newborn girl was found near the side of a road in North Bend, Washington, wrapped in a blanket. The newborn was less than half a mile away from Snoqualmie valley hospital, a location where infants can be safely and anonymously surrendered under Washington state's safety of newborn children law. The legislature further finds that while national estimates are that safe surrender laws across the country have saved well over one thousand infants in the past decade, surprisingly little is known about how many abandonment incidents occur and how many could have been or have been prevented through safe surrender laws.
The legislature further finds that no newborn should be abandoned to die alone and hungry as its first and only exposure to the world, any life that can be saved under the safety of the newborn children law is worth saving, and understanding the characteristics of newborn abandonment and knowing when and where they occur is crucial for developing effective public awareness strategies to make caregivers aware of the state's safe surrender option. The legislature further finds that while existing state law requires persons receiving infants under the safety of newborn children law to notify child protective services, which is situated within the Washington state department of social and health services children's administration, within twenty-four hours, there is no statutory requirement for the department of social and health services to report data on surrendered newborns. The legislature therefore intends to require the department of social and health services to provide consistent tracking and regular public reporting of safe surrender information statewide and to regularly publish information on safe surrenders." [
2018 c 182 s 1
.]
Intent
—
2002 c 331:
"The legislature intends to increase the likelihood that pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of their lives. The legislature recognizes that prenatal and postdelivery health care for newborns and their mothers is especially critical to their survival and well-being. The legislature does not intend to encourage the abandonment of newborn children nor to change existing law relating to notification to parents under chapter
13.34
RCW, but rather to assure that abandonment does not occur and that all newborns have an opportunity for adequate health care and a stable home life." [
2002 c 331 s 1
.]
Effective date
—
2002 c 331:
"Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 3, 2002]." [
2002 c 331 s 9
.]
RCW 13.34.370
Evaluation of parties
—
Selection of evaluators.
The court may order expert evaluations of parties to obtain information regarding visitation issues or other issues in a case. These evaluations shall be performed by appointed evaluators who are mutually agreed upon by the court, the department, and the parents' counsel, and, if the child is to be evaluated, by the representative for the child. If no agreement can be reached, the court shall select the expert evaluator.
[
2018 c 284 s 28
;
2009 c 520 s 44
;
2004 c 146 s 2
.]
RCW 13.34.380
Visitation policies and protocols
—
Development
—
Elements.
The department shall develop consistent policies and protocols, based on current relevant research, concerning visitation for dependent children to be implemented consistently throughout the state. The department shall develop the policies and protocols in consultation with researchers in the field, community-based agencies, court-appointed special advocates, parents' representatives, and court representatives. The policies and protocols shall include, but not be limited to: The structure and quality of visitations; consultation with the assigned law enforcement officer in the event the parent or sibling of the child is 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; and training for department caseworkers, visitation supervisors, and foster parents related to visitation.
The policies and protocols shall be consistent with the provisions of this chapter and implementation of the policies and protocols shall be consistent with relevant orders of the court.
[
2018 c 284 s 29
;
2013 c 254 s 3
;
2009 c 520 s 45
;
2004 c 146 s 3
.]
RCW 13.34.385
Petition for visitation
—
Relatives of dependent children
—
Notice
—
Modification of order
—
Effect of granting the petition
—
Retroactive application.
(1) A relative of a dependent child may petition the juvenile court for reasonable visitation with the child if:
(a) The child has been found to be a dependent child under this chapter;
(b) The parental rights of both of the child's parents have been terminated;
(c) The child is in the custody of the department or another public agency; and
(d) The child has not been adopted and is not in a preadoptive home or other permanent placement at the time the petition for visitation is filed.
(2) The court shall give prior notice for any proceeding under this section, or cause prior notice to be given, to the department, other public agency, or agency having custody of the child, the child's attorney or guardian ad litem if applicable, and the child. The court shall also order the custodial agency to give prior notice of any hearing to the child's current foster parent, relative caregiver, guardian or custodian, and the child's tribe, if applicable.
(3) The juvenile court may grant the petition for visitation if it finds that the requirements of subsection (1) of this section have been met, and that unsupervised visitation between the child and the relative does not present a risk to the child's safety or well-being and that the visitation is in the best interests of the child. In determining the best interests of the child the court shall consider, but is not limited to, the following:
(a) The love, affection, and strength of the relationship between the child and the relative;
(b) The length and quality of the prior relationship between the child and the relative;
(c) Any criminal convictions for or founded history of abuse or neglect of a child by the relative;
(d) Whether the visitation will present a risk to the child's health, welfare, or safety;
(e) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference;
(f) Any other factor relevant to the child's best interest.
(4) The visitation order may be modified at any time upon a showing that the visitation poses a risk to the child's safety or well-being. The visitation order shall state that visitation will automatically terminate upon the child's placement in a preadoptive home, if the child is adopted, or if there is a subsequent founded abuse or neglect allegation against the relative.
(5) The granting of the petition under this section does not grant the relative the right to participate in the dependency action and does not grant any rights to the relative not otherwise specified in the visitation order.
(6) This section is retroactive and applies to any eligible dependent child at the time of the filing of the petition for visitation, regardless of the date parental rights were terminated.
(7) For the purpose of this section, "relative" means a relative as defined in RCW 74.15.020
(2)(a), except parents.
(8) This section is intended to provide an additional procedure by which a relative may request visitation with a dependent child. It is not intended to impair or alter the ability a court currently has to order visitation with a relative under the dependency statutes.
[
2018 c 284 s 30
;
2009 c 520 s 46
;
2008 c 259 s 1
.]
RCW 13.34.390
Comprehensive services for drug-affected and alcohol-affected mothers and infants.
The department and the department of health shall develop and expand comprehensive services for drug-affected and alcohol-affected mothers and infants. Subject to funds appropriated for this purpose, the expansion shall be in evidence-based, research-based, or consensus-based practices, and shall expand capacity in underserved regions of the state.
[
2009 c 520 s 47
;
2005 c 504 s 303
.]
NOTES:
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
RCW 13.34.400
Child welfare proceedings
—
Placement
—
Documentation.
In any proceeding under this chapter, if the department submits a report to the court in which the department is recommending a new placement or a change in placement, the department shall include the documents relevant to persons in the home in which a child will be placed and listed in subsections (1) through (5) of this section to the report. The department shall include only these relevant documents and shall not attach the entire history of the subject of the report.
(1) If the report contains a recommendation, opinion, or assertion by the department relating to substance abuse treatment, mental health treatment, anger management classes, or domestic violence classes, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report or evaluation submitted by the provider, but may not include the entire history with the provider.
(2) If the report contains a recommendation, opinion, or assertion by the department or agency relating to visitation with a child, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the most recent visitation report, a visitation report referencing a specific incident alleged in the report, or summary of the visitation prepared by the person who supervised the visitation. The documentation attached to the report shall not include the entire visitation history.
(3) If the report contains a recommendation, opinion, or assertion by the department relating to the psychological status of a person, the department shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report, evaluation, or summary submitted by the provider, but shall not include the entire history of the person.
(4) If the report contains a recommendation, opinion, or assertion by the department relating to injuries to a child, the department shall attach a summary of the physician's report, prepared by the physician or the physician's designee, relating to the recommendation, opinion, or assertion by the department.
(5) If the report contains a recommendation, opinion, or assertion by the department relating to a home study, licensing action, or background check information, the department shall attach the document or documents upon which that recommendation, opinion, or assertion is based.
[
2018 c 284 s 31
;
2009 c 520 s 48
;
2007 c 411 s 2
.]
NOTES:
Finding
—
2007 c 411:
"The legislature finds that in order to allow courts to make well-informed placement decisions for children in the care of the state, the courts must have accurate information, including documentation supporting assertions or recommendations made by social workers, when appropriate." [
2007 c 411 s 1
.]
Short title
—
2007 c 411:
"This act shall be known and cited as the Rafael Gomez act." [
2007 c 411 s 3
.]
RCW 13.34.410
Psychosexual evaluation.
In the event a judge orders a parent to undergo a psychosexual evaluation, and pending the outcome of the evaluation, the department, subject to the approval of the court, may reassess visitation duration, supervision, and location, if appropriate. If the assessment indicates the current visitation plan is contrary to the child's health, safety, or welfare, the department, subject to approval by the court, may alter the visitation plan pending the outcome of the investigation.
[
2013 c 254 s 4
.]
RCW 13.34.420
Qualified residential treatment program
—
Requirements.
A qualified residential treatment program as defined in this chapter must meet the following requirements:
(1) Use a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances; and
(2) Be able to implement treatment for the child that is identified in an assessment that:
(a) Is completed by a trained professional or licensed clinician who is a "qualified individual" as that term is defined under the federal family first prevention services act;
(b) Assesses the strengths and needs of the child; and
(c) Determines whether the child's needs can be met with family members or through placement in a foster family home or, if not, which available placement setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the child's permanency plan.
[
2019 c 172 s 3
.]
NOTES:
Effective date
—
2019 c 172 ss 3, 4, and 10-15:
"Sections 3, 4, and 10 through 15 of this act take effect October 1, 2019." [
2019 c 172 s 19
.]
RCW 13.34.425
Qualified residential treatment program
—
Placement
—
Hearing.
If a child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within sixty days of placement, hold a hearing to:
(1) Consider the assessment required under RCW 13.34.420
and submitted as part of the department's social study, and any related documentation;
(2) Determine whether placement in foster care can meet the child's needs or if placement in another available placement setting best meets the child's needs in the least restrictive environment; and
(3) Approve or disapprove the child's placement in the qualified residential treatment program.
[
2019 c 172 s 14
.]
NOTES:
Effective date
—
2019 c 172 ss 3, 4, and 10-15:
See note following RCW 13.34.420
.
RCW 13.34.430
Social study
—
Required information.
A social study as defined in this chapter must contain the following information:
(1) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(2) A description of the specific services and activities, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services and activities are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered. The description shall identify the services chosen and approved by the parent;
(3) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the prevention services, including housing assistance, that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(4)(a) If the child is placed, for at least thirty days, in a qualified residential treatment program as defined in this chapter, a copy of the assessment described in RCW 13.34.420
.
(b) As long as the child remains placed in a qualified residential treatment program and the department anticipates that the child will remain in this placement for at least sixty days, or if the child has already been in this placement for at least sixty days, the social study must also include the following information sufficient for the juvenile court to determine at each status hearing concerning the child:
(i) Whether ongoing assessment of the child's strengths and needs continues to support the determination that the child's needs cannot be met through placement in a foster family home;
(ii) Whether the child's placement provides the most effective and appropriate level of care in the least restrictive environment;
(iii) Whether the placement is consistent with the child's permanency plan;
(iv) What specific treatment or service needs will be met in the placement, and how long the child is expected to need the treatment or services; and
(v) What efforts the department has made to prepare the child to return home or be placed with a fit and willing relative as defined in RCW 13.34.030, a Title
13
RCW legal guardian, an adoptive parent, or in a foster family home;
(5) A statement of the likely harms the child will suffer as a result of removal;
(6) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs including an assessment of the child's relationship and emotional bond with any siblings, and the agency's plan to provide ongoing contact between the child and the child's siblings if appropriate; and
(7) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
[
2019 c 172 s 4
.]
NOTES:
Effective date
—
2019 c 172 ss 3, 4, and 10-15:
See note following RCW 13.34.420
.
RCW 13.34.435
Washington state center for court research
—
Attorney-client privilege.
(1) The Washington state center for court research of the administrative office of the courts shall convene stakeholders, including youth and young adults, to identify the relevant outcome measures and data collection methods that appropriately protect attorney-client privilege to effectively assess:
(a) The number of youth for whom attorneys are appointed pursuant to RCW 13.34.212
(3); and
(b) The short and longitudinal impact of standards-based legal representation on case outcomes including family reunification, number of placement changes, and placement with kin of appointment of standards-based representation disaggregated by race, ethnicity, age, disability status, sexual and gender identity, and geography.
(2) By November 30, 2022, and in compliance with RCW 43.01.036, the Washington state center for court research of the administrative office of the courts shall submit an annual report to the appropriate committees of the legislature and the governor outlining the outcome measures identified under this section.
[
2021 c 210 s 8
.]
NOTES:
Findings
—
Intent
—
2021 c 210:
See note following RCW 13.34.090
.
RCW 13.34.440
Federal waivers.
Where feasible, the department of children, youth, and families shall apply for federal waivers that would reimburse the department for the cost of providing maintenance payments for relatives or other suitable persons caring for a child who have indicated a desire to become a licensed foster parent, provided that the person has received an initial license from the department.
[
2021 c 211 s 11
.]
NOTES:
Short title
—
Finding
—
Intent
—
2021 c 211:
See notes following RCW 13.34.040
.
RCW 13.34.800
Drug-affected and alcohol-affected infants
—
Model project.
To the extent funds are appropriated, the department shall operate a model project to provide services to women who give birth to infants exposed to the nonprescription use of controlled substances or abuse of alcohol by the mother during pregnancy. Within available funds, the project may be offered in one site in each of the three department's administrative regions that have the highest incidence of drug-affected or alcohol-affected infants annually. The project shall accept women referred to it by the department following the birth of a drug-affected or alcohol-affected infant. The model project shall be concluded by July 1, 2002.
[
1998 c 314 s 30
.]
NOTES:
Effective date
—
1998 c 314:
"Sections 18 through 24, 26 through 28, 30 through 39, and 41 through 44 of this act take effect January 1, 1999." [
1998 c 314 s 46
.]
RCW 13.34.801
Rules
—
Definition of "drug-affected infant."
By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement chapter 314, Laws of 1998, including a definition of "drug-affected infant," which shall be limited to infants who are affected by a mother's nonprescription use of controlled substances.
[
1998 c 314 s 25
.]
RCW 13.34.802
Rules
—
Definition of "alcohol-affected infant."
By July 1, 1999, the department of social and health services, in consultation with the department of health, shall adopt rules to implement chapter 314, Laws of 1998, including a definition of "alcohol-affected infant," which shall be limited to infants who are affected by a mother's abuse of alcohol.
[
1998 c 314 s 29
.]
RCW 13.34.820
Permanency for dependent children
—
Annual report.
(1) The administrative office of the courts, in consultation with the attorney general's office and the department, shall compile an annual report, providing information about cases that fail to meet statutory guidelines to achieve permanency for dependent children.
(2) The administrative office of the courts shall submit the annual report required by this section to appropriate committees of the legislature by December 1st of each year, beginning on December 1, 2007. The administrative office of the courts shall also submit the annual report to a representative of the foster parent association of Washington state.
(3) The annual report shall include information regarding whether foster parents received timely notification of dependency hearings as required by RCW 13.34.096
and
13.34.145
and whether caregivers submitted reports to the court.
(4) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall, in consultation with others, identify measures of relational permanency and child well-being and shall report to the legislature by July 1, 2025, in compliance with RCW 43.01.036, the following information:
(a) A plan for reporting on child well-being and relational permanency;
(b) A plan for tracking and reporting on whether an order or portion of an order was agreed or contested, and if contested, by which party or parties;
(c) How to make such information publicly available;
(d) What can be reported using existing data;
(e) What additional information should be collected;
(f) What data-sharing agreements are necessary to ensure an accurate picture of the needs of families in the dependency system; and
(g) How many children in dependency have incarcerated parents.
(5) In making these determinations the administrative office of the courts must consult with representatives who have knowledge of data collection systems from the office of the superintendent of public instruction; the health care authority; the department of children, youth, and families; the department of social and health services; the department of corrections; tribal data experts; and any other entity holding relevant data or expertise.
(6) Consistent with RCW 13.50.280, to collect data necessary to evaluate the relational permanency and well-being of dependent children, the administrative office of the courts may execute data-sharing agreements with the office of the superintendent of public instruction, the health care authority, the department of children, youth, and families, the department of corrections, and the department of social and health services.
[
2024 c 326 s 2
;
2017 3rd sp.s. c 6 s 309
;
2016 c 180 s 2
;
2007 c 410 s 6
.]
NOTES:
Implementation
—
2024 c 326:
"Dependency courts should work to ensure the well-being of dependent children and to ensure that every young person who leaves foster care has relational permanency – meaning they have various long-term relationships that help them feel loved and connected. This includes relationships with siblings, parents, family members, extended family, family friends, mentors, tribes, and where appropriate, former foster family members.
Legal permanency, achieved through reunification, guardianship, or adoption is important, but it is not the only way to provide a sense of belonging and meaningful connections for young people. The federal children's bureau has cautioned that, legal permanence alone does not guarantee secure attachments and lifelong relationships. The relational aspects of permanency are critically important and fundamental to overall well-being, administration on children, youth and families, information memorandum ACYF-CB-IM-20-09, January 5, 2021. Relational permanency is one component of a child's overall well-being. Washington state's data collection should reflect the importance of both relational and legal permanency as well as child well-being." [
2024 c 326 s 1
.]
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Short title
—
2007 c 410:
See note following RCW 13.34.138
.
RCW 13.34.830
Child protection and child welfare
—
Racial disproportionality
—
Evaluation
—
Report.
(1) Within amounts appropriated for this specific purpose, or within funding made available by private grant or contribution, the Washington state institute for public policy shall evaluate the department of social and health services' use of structured decision-making practices and implementation of the family team decision-making model to determine whether and how those child protection and child welfare efforts result in reducing disproportionate representation of African American, Native American, and Latino children in the state's child welfare system. The institute shall analyze the points in the system at which current data reflect the greatest levels of disproportionality. The institute shall report its findings to the legislature and the department of social and health services by September 1, 2010.
(2) If adequate funding is not made available through state appropriation or through private grant or contribution to simultaneously study the impact on racial disproportionality of both the structured decision-making process and family team decision-making model, the institute shall first study and report on the family team decision-making model. The department of social and health services and the Washington state institute for public policy jointly, shall:
(a) Promptly complete and execute a data-sharing agreement to comply with the department's confidential or records requirements and to provide the institute with data and other information necessary to conduct its evaluation; and
(b) Identify potential sources of private funding to supplement any state-appropriated amounts.
[
2009 c 213 s 2
.]
NOTES:
Findings
—
2009 c 213:
"(1) The legislature finds that research conducted by the Washington state institute for public policy released in June 2008, demonstrates that racial disproportionality exists in Washington's child welfare system and that the greatest disproportionality occurs when the initial referral to child protective services is made and when the decision is made to place a child in out-of-home care. The institute's research also demonstrates that children of African American, Native American, and Latino families have disproportionately longer lengths of stay in foster care.
(2) The legislature finds further that the department of social and health services, in a December 2008 report issued pursuant to chapter 465, Laws of 2007, identified initial recommendations for remediation of racial disproportionality, including examining specific current child welfare practices, structured decision making and family team decision making, to determine whether and how these practices might result in reducing or eliminating racial disproportionality." [
2009 c 213 s 1
.]
RCW 13.34.900
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 42
.]
RCW 13.34.901
Construction
—
Prevention services.
Nothing in this chapter may be construed to limit the department's authority to offer or provide prevention services or primary prevention services as defined in this chapter and chapter
74.13
RCW, respectively.
[
2019 c 172 s 17
.]