1. Introduction to Child Welfare Law in Washington
Tim Jaasko-Fisher, Director
Court Improvement Training Academy
University of Washington School of Law
Children and Youth Advocacy Clinic

2. Systems of Law
State System
Federal System

3. Sources of State Law Washington State Constitution Executive Branch
Legislative Branch
Judicial Branch
Executive Orders
Regulations (WAC)
- Statutes (RCW)
- Court Opinions

4. THE SUPREME COURT 9 Justices with Six-year staggered terms
- All juvenile matters are reviewed at the court’s discretion
To get reviewed, case must have constitutional issues, conflict in appellate law, or
be of significant public importance.
COURT OF APPEALS Judges with Six-year staggered terms
Division I (Seattle); Division II (Tacoma); Division III (Spokane)
Reviews many dependency cases as a matter of right
Some types of orders are reviewed on a discretionary basis
- Review is done “on the record”
SUPERIOR COURT Judges with Four-year terms; Commissioners by Appointment
One in most every county (two in King)
- Court of General Jurisdiction Trial Court
- Juvenile Court Domestic Relations
COURTS OF LIMITED JURISDICTION Judges with Four-year terms District and Municipal courts
DV Protection Orders Misdemeanor Criminal Cases

5. All abuse and neglect cases start with a referral.
- Community Members
Mandatory Reporters
Physicians
Law Enforcement
Service Providers
Social Workers

6. Most referrals do not become dependency cases.
Screened Out -
- Information Only -
- Alternative Response Systems -
- Voluntary Services / Placement -

7. A dependency proceeding is a process which provides a procedural mechanism to balance the parent’s fundamental constitutional rights with the state’s interest in protecting children believed to be abused or neglected. If you understand the process, you will be better able to serve children and families, and can use the process to help achieve safe, permanent homes for kids in a timely manner.

8. The Dependency Petition
Anyone may file a petition
The petition must address each parent, guardian, or custodian
The petition must address Indian status
The petition must allege that a child meets the legal definition of “dependent child”.

9. An Indian child is someone under 18 years of age who:
Is a member of a tribe OR
Whose parents are tribal members if the child is eligible for membership

10. A dependent child is one who:
(a) Has been abandoned
(b) has been abused or neglected
(c) has no capable parent or guardian

11. Abandonment means: an expressed intent by statement or conduct to forgo for an extended periods of time parental rights or responsibilities despite an ability to exercise such rights.

12. Abuse and neglect is an injury, sexual abuse, negligent treatment, or mal treatment by any person under circumstances which indicate that the child’s health, welfare, or safety is harmed.

13. An incapable parent is one who:
Is unable to adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

14. Children May Be Taken Into Custody By
court order (pick up order)
law enforcement protective custody (PC)
Agreement of the parent (VPA)

15. To issue a pick up order, a court must find:
A dependency petition and sworn statement supporting the pick up order has been filed
There are reasonable grounds to believe the child’s health, safety, or welfare will be seriously endangered if not taken into custody
There are reasonable grounds to believe the child is dependent

16. Law Enforcement may take a child into protective custody if
There is probable cause to believe that the child is abused or neglected
AND
The child would be injured OR
The child could not be taken into custody if it were necessary to first obtain a court order

17. Shelter Care Hearing Must occur within 72 hours of placement
Court will appoint parents attorney
Court will appoint GAL / CASA
Court may set case conference

18. Shelter Care Issues Were reasonable efforts made to notify parents
Parents may agree to participate in services
Placement of the child

19. Court may order child placed out of home if it finds:
Services have been offered to prevent or eliminate need for removal
No parent or guardian to care for child
Release of the child to the parent or guardian presents a serious threat of substantial harm to the child

20. If a court orders placement, it must
Place with an appropriate relative if available
Place with another
suitable person if no
relative is available
Review its order within 30 days

21. Case Conferences Held at least 30 days prior to fact finding
DSHS must develop a written service plan
Information exchanged at case conferences may not be used at fact finding

22. Fact Finding Hearings
Hearing must be held within 75 days of petition being filed
Only issue is whether child meets statutory definition of “dependent child” by a preponderance of the evidence
Rules of evidence apply
Court must enter written findings

23. Agreed dependency orders are subject to approval of the court, and the court must find that the parent knowingly and voluntarily entered into the agreement and understands the consequences of the agreement.

24. Disposition
May be delayed up to 14 days after fact finding for good cause
Court will enter orders regarding:
Placement
Visits
Services
Permanent Plan

25. Placement
Court may order a disposition other than removal from the home
If Court orders child placed out of home, child must be placed with:
a) relative willing and able to care for the child whom the child has a relationship and is comfortable
b) licensed care
c) other suitable person

26. To order out of home placement, a court must find:
Reasonable efforts have been made to prevent removal from the home AND
There is no parent willing or available to care for the child OR the court finds by clear, cogent, and convincing evidence that a manifest danger exists that the child will suffer serious abuse or neglect if not removed

27. Visits:
Visitation with parents and siblings is a right.
There is a presumption that visitation is in the child’s best interest.
Visits may not be conditioned upon compliance with services / cooperation with DSHS

28. Services:
Order must set out clear requirements and timeline for completion.
DSHS must provide all services reasonably available within the agency or the community, or that the department has existing contracts to purchase.

29. Permanent plans include:
Return home
Adoption
Guardianship
Permanent legal custody
Long term relative or foster care
Responsible living skills program
Independent living / Emancipation

30. Modification of orders requires the filing of a motion which makes a threshold showing of a change in circumstances. OR
If you want the judge to change the rules in the case, you have to show that something in the case is different since the last time the judge set out the rules.

31. Review Hearings
Held every 6 months from placement episode or date dependency is established whichever is sooner.
1st review must be
within 90 days of dispo.

32. What does a court consider at a review hearing?
Have reasonable services been offered to facilitate reunification?
Is the child placed in the least restrictive setting with relatives?
Is there a continuing need for placement?
Have all parties complied with the case plan?
Has progress been made toward correcting parental deficiencies?
Have parents visited and if not, why?
Are additional services necessary?
When will the perm. plan be achieved?

33. Permanency Planning Hearings
Held every 9-12 months from date of placement
Court will consider the
same matters as for
a review and will review
the permanent plan

34. Permanent plans Return home Adoption Guardianship
Permanent legal custody
Long term relative or foster care
Responsible living skills program
Emancipation

35. Return Home
Court must find parent is compliant with case plan, court orders, and treatment to order a child returned home.
Child must be returned home under court supervision for 6 months prior to dismissal of the case.

36. Termination of Parental Rights / Adoption
Prior to adoption all parents rights must be terminated or relinquished.
A termination petition starts a separate but related action from the dependency.

37. In a termination case, the state must prove by clear, cogent, and convincing evidence that:
The child is dependent
A disposition plan has been entered
The child has been removed from the parent’s custody pursuant to an order of dependency for 6 months

38. Termination (cont)
All services ordered and all necessary services reasonably available have been offered or provided
Little likelihood that parent will remedy parental deficiencies in the near future
Continuation of parent-child relationship diminishes child’s prospects for early integration into a permanent and stable home

39. Termination (cont)
Court must find all 6 factors by clear, cogent, and convincing evidence
Court must also find by a preponderance of the evidence that termination of parental rights is in the child’s best interest.

40. Dependency Guardianship
Court must make same findings as in Termination of parental rights by a preponderance of the evidence
Court must find that guardianship, rather than termination of parental rights or continued efforts to reunify is in the child’s best interest

41. Permanent Legal Custody
This is a separate action
State is not a party to the action
Parties must hire their own lawyer
No right to counsel by parent
Dependency dismissed once custody order is entered
Limited financial support to family

42. Other Plans Long term foster / relative care Responsible living skills
Emancipation

43. Appeals 1st level is to court of appeals (6-9 months)
May ask for Supreme Court review
(2 -12 months)