Title 13 — Title 13 JUVENILE COURTS AND JUVENILE OFFENDERS
16 chapters · 345 sections in this title.
RCW 13.34.010 Short title.
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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 Child Relationship".[ 1977 ex.s. c 291 s 29.]Notes:Effective dates—Severability—1977 ex.s. c 291: See notes following RCW 13.04.005.
RCW 13.34.020 Legislative declaration of family unit as resource to be nurtured—Rights of child.
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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 legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, h…
RCW 13.34.025 Child dependency cases—Coordination of services—Remedial services.
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(1) The department and agencies shall develop methods for coordination of services to parents and children in child dependency cases. To the maximum extent possible under current funding levels, the department and agencies must:(a) Coordinate and integrate services to children an…
RCW 13.34.030 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abandoned" means when the child's parent, guardian, or other custodian has expressed, either by statement or conduct, an intent to forego, for an extended period, pare…
RCW 13.34.035 Standard court forms—Rules—Administrative office of the courts to develop and establish—Failure to use or follow—Distribution.
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(1) The administrative office of the courts shall develop standard court forms and format rules for mandatory use by parties in dependency matters commenced under this chapter or chapter 26.44 RCW. Forms shall be developed not later than November 1, 2009, and the mandatory use re…
RCW 13.34.040 Petition to court to deal with dependent child—Application of federal Indian child welfare act.
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(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 county, a dependent child and requesting that the superior court deal with such child as provided in this chapter. There shall be no fee for fil…
RCW 13.34.045 Educational liaison—Identification.
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(1) The department must identify an educational liaison for youth in grades six through twelve who are subject to a proceeding under this chapter and who meet one of the following requirements:(a) All parental rights have been terminated;(b) Parents are unavailable because of inc…
RCW 13.34.046 Educational liaison—Responsibilities—Background checks.
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(1) Unless otherwise directed by the court, the responsibilities of the educational liaison for a youth subject to a proceeding under this chapter include, but are not limited to, the following:(a) To attend educational meetings and dependency hearings;(b) To meet with local scho…
RCW 13.34.050 Court order to take child into custody, when—Hearing.
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(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 if: (a) A petition is filed with the juvenile court with sufficient corroborating evidence to establish that the child is …
RCW 13.34.055 Custody by law enforcement officer—Release from liability.
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(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 every reasonable effort to avoid placing additional trauma on the child by obtaining such custody at times and in a manner least …
RCW 13.34.060 Shelter care—Placement—Custody—Duties of parties.
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(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 of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child…
RCW 13.34.062 Shelter care—Notice of custody and rights.
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(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 services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services…
RCW 13.34.065 Shelter care—Hearing—Recommendation as to further need—Release.
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(1)(a) When a child is removed or when the petitioner is seeking the removal of a child from the child's parent, guardian, or legal custodian, the court shall hold a shelter care hearing within 72 hours, excluding Saturdays, Sundays, and holidays. The primary purpose of the shelt…
RCW 13.34.067 Shelter care—Case conference—Service agreement.
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(1)(a) 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 care order to develop and specify in a written service agreement the expectations of both the department and the parent reg…
RCW 13.34.069 Shelter care—Order and authorization of health care and education records.
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If a child is placed in the custody of the department of children, youth, and families or other *supervising agency, immediately following the shelter care hearing, an order and authorization regarding health care and education records for the child shall be entered. The order sh…
RCW 13.34.070 Summons when petition filed—Service procedure—Hearing, when—Contempt upon failure to appear—Required notice regarding Indian children.
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(1) Upon the filing of the petition, the petitioner shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties t…
RCW 13.34.080 Summons when petition filed—Publication of notice.
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(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 for three consecutive weeks, with the first publication of the notice to be at least twenty-five days prior to the date fixed for the heari…
RCW 13.34.090 Rights under chapter proceedings.
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(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 his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact …
RCW 13.34.092 Rights under chapter proceedings—Appointment of counsel—Notice.
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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 to the child's parent, guardian, or legal custodian pursuant to RCW 13.34.090 if the parent, guardian, or legal custodian is indigen…
RCW 13.34.094 Description of services provided to parents.
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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 that describes these processes prior to the processes being undertaken.[ 2018 …
RCW 13.34.096 Right to be heard—Notice.
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(1) The department shall provide the child's foster parents, preadoptive parents, or other caregivers with timely and adequate notice of their right to be heard prior to each proceeding held with respect to the child in juvenile court under this chapter. For purposes of this sect…
RCW 13.34.100 Appointment of guardian ad litem—Background information—Rights—Notification and inquiry—Review and removal.
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(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 for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by an indepe…
RCW 13.34.102 Guardian ad litem—Training—Registry—Selection—Substitution—Exception.
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(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, except that volunteer guardians ad litem or court-appointed special advocates may comply with alternative training req…
RCW 13.34.105 Guardian ad litem—Duties—Immunity—Access to information.
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(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 an attorney specifically appointed by the court to serve as a guardian ad litem, include but are not limited to the following:(a) To i…
RCW 13.34.107 Guardian ad litem—Ex parte communications—Removal.
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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 he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex parte m…
RCW 13.34.108 Guardian ad litem—Fees.
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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 guardian ad litem may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment…
RCW 13.34.110 Hearings—Fact-finding and disposition—Time and place, notice.
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(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 the reasons therefor. The rules of evidence shall apply at the fact-finding hearing and the parent, guardian, or legal custod…
RCW 13.34.115 Hearings—Public excluded when in the best interests of the child—Notes and records—Video recordings.
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(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 excluding the public is in the best interests of the child.(2) Either parent, or the child's attorney or guardian ad litem, may move to close a hea…
RCW 13.34.120 Social study and reports made available at disposition hearing—Contents—Notice to parents.
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(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 parent may submit a counselor's or health care provider's evaluation of the parent, which shall either be included in the social study or considered in…
RCW 13.34.125 Voluntary adoption plan—Consideration of preferences for proposed placement.
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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 child and has agreed to the termination of his or her parental rights, the department shall follow the wishes of the alleged father, birth …
RCW 13.34.130 Order of disposition for a dependent child, alternatives—Petition seeking termination of parent-child relationship—Placement with relatives, foster family home, group care facility, qualified residential treatment program, or other suitable persons—Placement of an Indian child in out-of-home care—Contact with siblings.
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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 the meaning of RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hea…
RCW 13.34.132 Petition seeking termination of parent-child relationship—Requirements.
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A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:(1) The court has removed the child from his or her home pursuant to RCW 13.34.130;(2) Termination is recommended by the department;(3) Termin…
RCW 13.34.134 Permanent placement of child.
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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 a petition to terminate parental rights. Reasonable efforts shall be made to place the child in a timely manner in accordance with …
RCW 13.34.136 Permanency plan of care.
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(1) Whenever a child is ordered to be removed from the home, a permanency plan shall be developed no later than 60 days from the time the department assumes responsibility for providing services, including placing the child, or at the time of a hearing under RCW 13.34.130, whiche…
RCW 13.34.138 Review hearings—Findings—Duties of parties involved—In-home placement requirements—Housing assistance.
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(1) The status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first. The purpose of the hearing shall be to review the progress of …
RCW 13.34.141 Entry, order of disposition—Parent, guardian, or custodian of child to engage in services and maintain contact with child—Notice.
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(1) After entry of a dispositional order pursuant to RCW 13.34.130 ordering placement of a child in out-of-home care, the department shall continue to encourage the parent, guardian, or custodian of the child to engage in services and maintain contact with the child, which shall …
RCW 13.34.142 Current placement episode—Calculation.
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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 out-of-home care occurred prior to the filing of a dependency petition or after filing but prior to entry of a disposition order, such time peri…
RCW 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.
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(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 progress of the case, and reach decisions regarding the permanent placement of the child.(a) A permanency planning hearing shall be held in a…
RCW 13.34.147 Case review panel—Creation—Duties.
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(1) Within the department's appropriations, the department shall ensure that a case review panel reviews cases involving dependent children where permanency is not achieved for children within eighteen months after being placed in out-of-home care.(2) The case review panel shall …
RCW 13.34.150 Modification of orders.
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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 a change in circumstance or as provided in RCW 13.34.120.[ 1993 c 412 s 9; 1990 c 246 s 6; 1977 ex.s. c 291 s 43; 1913 c 160 s 15; RRS s 1987-15. Formerly R…
RCW 13.34.155 Concurrent jurisdiction over nonparental actions for child custody—Establishment or modification of parenting plan.
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(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…
RCW 13.34.160 Order of support for dependent child.
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(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 …
RCW 13.34.161 Order of support for dependent child—Noncompliance—Enforcement of judgment.
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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…
RCW 13.34.165 Civil contempt—Grounds—Motion—Penalty—Detention review hearing.
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(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 …
RCW 13.34.174 Order of alcohol or substance abuse diagnostic investigation and evaluation—Treatment plan—Breach of plan—Reports.
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(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 a…
RCW 13.34.176 Violation of alcohol or substance abuse treatment conditions—Hearing—Notice—Modification of order.
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(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 …
RCW 13.34.180 Order terminating parent and child relationship—Petition—Filing—Allegations.
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(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 13.34.190 Order terminating parent and child relationship—Findings.
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(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 RC…
RCW 13.34.200 Order terminating parent and child relationship—Rights of parties when granted.
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(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 t…
RCW 13.34.210 Order terminating parent and child relationship—Custody where no one has parental rights.
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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 ho…