Title 13 — Title 13 JUVENILE COURTS AND JUVENILE OFFENDERS
16 chapters · 345 sections in this title.
RCW 13.34.233 Guardianship for dependent child—Modification or termination of order—Hearing—Termination of guardianship.
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(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…
RCW 13.34.234 Guardianship for dependent child—Dependency guardianship subsidies.
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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 sub…
RCW 13.34.235 Guardianship for dependent child—Review hearing requirements not applicable—Exception.
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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.
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(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…
RCW 13.34.240 Acts, records, and proceedings of Indian tribe or band given full faith and credit.
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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 …
RCW 13.34.245 Voluntary consent to foster care placement for Indian child—Validation—Withdrawal of consent—Termination.
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(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. Th…
RCW 13.34.260 Foster home placement—Parental preferences—Foster parent contact with birth parents encouraged.
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(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 c…
RCW 13.34.265 Foster home placement—Considerations.
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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 …
RCW 13.34.267 Extended foster care services—Maintenance of dependency proceeding—Placement, care of youth—Appointment of counsel—Case plan.
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(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 …
RCW 13.34.268 Extended foster care services—Voluntary placement agreement—Decline—Petition for dependency.
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(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 documentati…
RCW 13.34.270 Child with developmental disability—Out-of-home placement—Permanency planning hearing.
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(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 i…
RCW 13.34.300 Relevance of failure to cause juvenile to attend school to neglect petition.
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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 …
RCW 13.34.315 Health care—Evaluation and treatment.
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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.[ 20…
RCW 13.34.320 Inpatient mental health treatment—When parental consent required—Hearing.
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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 agre…
RCW 13.34.330 Inpatient mental health treatment—Placement.
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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 clo…
RCW 13.34.340 Release of records—Disclosure to treating physician.
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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 auth…
RCW 13.34.350 Dependent children—Information sharing—Guidelines.
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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, esta…
RCW 13.34.360 Transfer of newborn to qualified person—Criminal liability—Notification to child protective services—Definitions.
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(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 …
RCW 13.34.370 Evaluation of parties—Selection of evaluators.
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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…
RCW 13.34.380 Visitation policies and protocols—Development—Elements.
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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 resea…
RCW 13.34.385 Petition for visitation—Relatives of dependent children—Notice—Modification of order—Effect of granting the petition—Retroactive application.
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(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 …
RCW 13.34.390 Comprehensive services for drug-affected and alcohol-affected mothers and infants.
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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 pra…
RCW 13.34.400 Child welfare proceedings—Placement—Documentation.
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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 l…
RCW 13.34.410 Psychosexual evaluation.
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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…
RCW 13.34.420 Qualified residential treatment program—Requirements.
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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 dis…
RCW 13.34.425 Qualified residential treatment program—Placement—Hearing.
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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 an…
RCW 13.34.430 Social study—Required information.
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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 a…
RCW 13.34.435 Washington state center for court research—Attorney-client privilege.
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(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 t…
RCW 13.34.440 Federal waivers.
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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 li…
RCW 13.34.800 Drug-affected and alcohol-affected infants—Model project.
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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 pr…
RCW 13.34.801 Rules—Definition of "drug-affected infant."
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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…
RCW 13.34.802 Rules—Definition of "alcohol-affected infant."
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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 mot…
RCW 13.34.820 Permanency for dependent children—Annual report.
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(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 admini…
RCW 13.34.830 Child protection and child welfare—Racial disproportionality—Evaluation—Report.
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(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 …
RCW 13.34.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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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 …
RCW 13.34.901 Construction—Prevention services.
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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.]
RCW 13.36.010 Finding—Intent.
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The legislature finds that a guardianship is an appropriate permanent plan for a child who has been found to be dependent under chapter 13.34 RCW and who cannot safely be reunified with his or her parents. The legislature is concerned that parents not be pressured by the departme…
RCW 13.36.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Child" means any individual under the age of eighteen years.(2) "Department" means the department of children, youth, and families.(3) "Dependent child" means a child …
RCW 13.36.030 Guardianship petition—Requirements—Contents—Application of Indian child welfare act, federal servicemembers civil relief act, Washington service members' civil relief act.
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(1) Any party to a dependency proceeding under chapter 13.34 RCW may request a guardianship be established for a dependent child by filing a petition in juvenile court under this chapter. All parties to the dependency and the proposed guardian must receive adequate notice of all …
RCW 13.36.040 Hearing—Establishing guardianship—Exceptions—Conversion of dependency guardianship to guardianship.
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(1) At the hearing on a guardianship petition, all parties have the right to present evidence and cross-examine witnesses. The rules of evidence apply to the conduct of the hearing. The hearing under this section to establish a guardianship or convert an existing dependency guard…
RCW 13.36.050 Court order to establish guardianship—Contents—Custody, rights, and duties—Funds, benefits—Dismissal of dependency—Letter.
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(1) If the court has made the findings required under RCW 13.36.040, the court shall issue an order establishing a guardianship for the child. If the guardian has not previously intervened, the guardian shall be made a party to the guardianship proceeding upon entry of the guardi…
RCW 13.36.060 Guardianship modification—Attorneys' fees, court costs.
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(1) A guardian or a parent of the child may petition the court to modify the visitation provisions of a guardianship order by:(a) Filing with the court a motion for modification and an affidavit setting forth facts supporting the requested modification; and(b) Providing notice an…
RCW 13.36.070 Guardianship termination—Petition, affidavit.
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(1) Any party to a guardianship proceeding may request termination of the guardianship by filing a petition and supporting affidavit alleging a substantial change has occurred in the circumstances of the child or the guardian and that the termination is necessary to serve the bes…
RCW 13.36.080 Appointment of guardian ad litem or attorney for the child.
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In all proceedings to establish, modify, or terminate a guardianship order, the court shall appoint a guardian ad litem or attorney for the child. The court may appoint a guardian ad litem or attorney who represented the child in a prior proceeding under this chapter or under cha…
RCW 13.36.090 Guardianship subsidies—Eligibility.
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(1) Any guardian who is a foster parent licensed pursuant to RCW 74.15.030 at the time a 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 is eligible for a g…
RCW 13.38.010 Short title.
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This chapter shall be known and cited as the "Washington state Indian child welfare act."[ 2011 c 309 s 1.]
RCW 13.38.020 Application.
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This chapter shall apply in all child custody proceedings as that term is defined in this chapter. Whenever there is a conflict between chapter 13.32A, 13.34, 13.36, *26.10, or 26.33 RCW, the provisions of this chapter shall apply.[ 2011 c 309 s 2.]Notes:*Reviser's note: Chapter …
RCW 13.38.030 Findings and intent.
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The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health…
RCW 13.38.040 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Active efforts" means the following:(a) In any foster care placement or termination of parental rights proceeding of an Indian child under chapter 13.34 RCW and this c…
RCW 13.38.050 Determination of Indian status.
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Any party seeking the foster care placement of, termination of parental rights over, or the adoption of a child must make a good faith effort to determine whether the child is an Indian child. This shall be done by consultation with the child's parent or parents, any person who h…