Revised Code of Washington - RCW Title 13 Juvenile Courts And Juvenile Offenders - Chapter 13.34 Juvenile Court Act -- Dependency And Termination Of Parent-Child Relationship

• 13.34.010 Short title
  This chapter shall be known as the "Juvenile Court Act in Cases Relating to Dependency of a Child and the Termination of a Parent and ...
• 13.34.020 Legislative declaration of family unit as resource to be nurtured -- Rights of child
  The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the ...
• 13.34.025 Child dependency cases -- Coordination of services -- Remedial services
  (1) The department of social and health services shall develop methods for coordination of services to parents and children in child dependency cases. To the ...
• 13.34.030 Definitions
  For purposes of this chapter: (1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent ...
• 13.34.040 Petition to court to deal with dependent child -- Application of Indian child welfare act
  (1) Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the ...
• 13.34.050 Court order to take child into custody, when -- Hearing
  (1) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody ...
• 13.34.055 Custody by law enforcement officer -- Release from liability
  (1) A law enforcement officer shall take into custody a child taken in violation of RCW 9A.40.060 or 9A.40.070. The law enforcement officer shall make ...
• 13.34.060 Shelter care -- Placement -- Custody -- Duties of parties
  (1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative ...
• 13.34.062 Shelter care -- Notice of custody and rights
  (1)(a) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective ...
• 13.34.065 Shelter care -- Hearing -- Recommendation as to further need -- Release
  (1)(a) When a child is taken into custody, the court shall hold a shelter care hearing within seventy-two hours, excluding Saturdays, Sundays, and holidays. The ...
• 13.34.067 Shelter care -- Case conference -- Service agreement
  (1) Following shelter care and no later than thirty days prior to fact-finding, the department shall convene a case conference as required in the shelter ...
• 13.34.069 Shelter care -- Order and authorization of health care and education records
  If a child is placed in the custody of the department of social and health services or other supervising agency, immediately following the shelter care ...
• 13.34.070 Summons when petition filed -- Service procedure -- Hearing, when -- Contempt upon failure to appear -- Required notice regarding Indian children
  (1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is ...
• 13.34.080 Summons when petition filed -- Publication of notice
  (1) The court shall direct the clerk to publish notice in a legal newspaper printed in the county, qualified to publish summons, once a week ...
• 13.34.090 Rights under chapter proceedings
  (1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in ...
• 13.34.092 Rights under chapter proceedings -- Appointment of counsel -- Notice
  At the commencement of the shelter care hearing the court shall advise the parties of basic rights as provided in RCW 13.34.090 and appoint counsel ...
• 13.34.094 Description of services provided to parents
  The department shall, within existing resources, provide to parents requesting or participating in a multidisciplinary team, family group conference, case conference, or prognostic staffing information ...
• 13.34.096 Right to be heard -- Notice
  The department of social and health services or other supervising agency shall provide the child's foster parents, preadoptive parents, or other caregivers with notice of ...
• 13.34.100 Appointment of guardian ad litem -- Background information -- Rights -- Appointment of counsel for child -- Review
  (1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court ...
• 13.34.102 Guardian ad litem -- Training -- Registry -- Selection -- Substitution -- Exception
  (1) All guardians ad litem must comply with the training requirements established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, ...
• 13.34.105 Guardian ad litem -- Duties -- Immunity -- Access to information
  (1) Unless otherwise directed by the court, the duties of the guardian ad litem for a child subject to a proceeding under this chapter, including ...
• 13.34.107 Guardian ad litem -- Ex parte communications -- Removal
  A guardian ad litem or court-appointed special advocate shall not engage in ex parte communications with any judicial officer involved in the matter for which ...
• 13.34.108 Guardian ad litem -- Fees
  The court shall specify the hourly rate the guardian ad litem may charge for his or her services, and shall specify the maximum amount the ...
• 13.34.110 Hearings -- Fact-finding and disposition -- Time and place, notice
  (1) The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the petition, shall make written findings of fact, stating ...
• 13.34.115 Hearings -- Public excluded when in the best interests of the child--Notes and records -- Video recordings
  (1) All hearings shall be public, and conducted at any time or place within the limits of the county, except if the judge finds that ...
• 13.34.120 Social study and reports made available at disposition hearing -- Contents -- Notice to parents
  (1) To aid the court in its decision on disposition, a social study shall be made by the person or agency filing the petition. A ...
• 13.34.125 Voluntary adoption plan -- Consideration of preferences for proposed placement
  In those cases where an alleged father, birth parent, or parent has indicated his or her intention to make a voluntary adoption plan for the ...
• 13.34.130 Order of disposition for a dependent child, alternatives -- Petition seeking termination of parent-child relationship -- Contact with siblings -- Placement with relatives, foster family home, group care facility, or other suitable persons
  If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within ...
• 13.34.132 Petition seeking termination of parent-child relationship -- Requirements
  A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met: (1) The ...
• 13.34.134 Permanent placement of child
  If reasonable efforts are not ordered under RCW 13.34.132, a permanency planning hearing shall be held within thirty days of the court order to file ...
• 13.34.136 Permanency plan of care
  (1) Whenever a child is ordered removed from the home, a permanency plan shall be developed no later than sixty days from the time the ...
• 13.34.138 Review hearings -- Findings -- Duties of parties involved -- In-home placement requirements -- Housing assistance
  (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be ...
• 13.34.142 Current placement episode -- Calculation
  If the most recent date that a child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in ...
• 13.34.145 Permanency planning hearing -- Purpose -- Time limits -- Goals -- Review hearing -- Petition for termination of parental rights -- Guardianship petition -- Agency responsibility to provide services to parents -- Due process rights
  (1) The purpose of a permanency planning hearing is to review the permanency plan for the child, inquire into the welfare of the child and ...
• 13.34.150 Modification of orders
  Any order made by the court in the case of a dependent child may be changed, modified, or set aside, only upon a showing of ...
• 13.34.155 Concurrent jurisdiction over nonparental actions for child custody
  (1) The court hearing the dependency petition may hear and determine issues related to chapter 26.10 RCW in a dependency proceeding as necessary to facilitate ...
• 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 ...
• 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 ...
• 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)(e). (2) ...
• 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. ...
• 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 ...
• 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 ...
• 13.34.190 Order terminating parent and child relationship -- Findings
  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 ...
• 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, ...
• 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 ...
• 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) ...
• 13.34.230 Guardianship for dependent child -- Petition for -- Notice to, intervention by, department
  Any party to a dependency proceeding, including the supervising agency, may file a petition in juvenile court requesting that guardianship be created as to a ...
• 13.34.231 Guardianship for dependent child -- Hearing -- Rights of parties -- Rules of evidence -- Guardianship established, when
  At the hearing on a dependency guardianship petition, all parties have the right to present evidence and cross examine witnesses. The rules of evidence apply ...
• 13.34.232 Guardianship for dependent child -- Order, contents -- Rights and duties of dependency guardian
  (1) If the court has made a finding under RCW 13.34.231, it shall enter an order establishing a dependency guardianship for the child. The order ...
• 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 ...
• 13.34.234 Guardianship for dependent child -- Dependency guardian may receive foster care payments
  Establishment of a dependency guardianship under RCW 13.34.231 and 13.34.232 does not preclude the dependency guardian from receiving foster care payments.[1994 c 288 § 9; ...
• 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 § ...
• 13.34.236 Guardianship for dependent child -- Qualifications for dependency guardian -- Consideration of preferences of parent
  (1) Any person over the age of twenty-one years who is not otherwise disqualified by this section, any nonprofit corporation, or any Indian tribe may ...
• 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 ...
• 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 ...
• 13.34.250 Preference characteristics when placing Indian child in foster care home
  Whenever appropriate, an Indian child shall be placed in a foster care home with the following characteristics which shall be given preference in the following ...
• 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 ...
• 13.34.270 Child with developmental disability -- Out-of-home placement -- Permanency planning hearing
  (1) Whenever the department 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 ...
• 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 ...
• 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 ...
• 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 ...
• 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 ...
• 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, ...
• 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 ...
• 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 ...
• 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 ...
• 13.34.380 Visitation policies and protocols -- Development -- Elements
  The department of social and health services shall develop consistent policies and protocols, based on current relevant research, concerning visitation for dependent children to be ...
• 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 ...
• 13.34.390 Comprehensive services for drug-affected and alcohol-affected mothers and infants
  The department of social and health services and the department of health shall develop and expand comprehensive services for drug-affected and alcohol-affected mothers and infants. ...
• 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 ...
• 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 ...
• 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, ...
• 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, ...
• 13.34.803 Drug-affected and alcohol-affected infants -- Comprehensive plan -- Report
  (1) The departments of health and social and health services shall develop a comprehensive plan for providing services to mothers who (a) have delivered a ...
• 13.34.805 Drug-affected infants -- Study
  To the extent funds are appropriated, the institute for public policy shall study the cost-effectiveness of chapter 314, Laws of 1998 and report to the ...
• 13.34.8051 Drug-affected infants -- Study -- Alcohol-affected infants to be included
  To the extent funds are appropriated, the institute for public policy study referenced in RCW 13.34.805 shall include alcohol-affected births.[1998 c 314 § 32.]Notes:      Effective ...
• 13.34.810 Implementation of chapter 314, Laws of 1998
  The department of community, trade, and economic development shall contract with The Evergreen State College for completion of the study by the Washington institute for ...
• 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 of social and health services, shall compile an ...

Last modified: April 7, 2009