Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Rev. Code § 9.94A.535In criminal law: A child is a witness to an act of domestic violence if the offense occurred within sight or sound of the victim’s or the offender’s minor child under age 18.

Consequences

Citation: Rev. Code §§ 9.94A.535; 9.94A.537It can be considered an aggravating circumstance that supports a sentence above the standard range when the current offense involved domestic violence, as defined in § 10.99.020, and the offense occurred within sight or sound of the victim’s or the offender’s minor children under age 18.

Under such circumstance, the court may impose an aggravated sentence that may consist of the maximum allowed under § 9A.20.021 for the underlying conviction.

Current Through February 2016

Physical Abuse

Citation: Rev. Code §§ 26.44.020; 26.44.030; 9A.16.100‘Abuse or neglect’ means the injury of a child by any person under circumstances that cause harm to the child’s health, welfare, or safety, or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused child is a child who has been subjected to child abuse or neglect.

‘Severe abuse’ means any of the following:

• Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death
• Any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling
• More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness

Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child’s parent or guardian for purposes of restraining or correcting the child. The following actions are presumed unreasonable when used to correct or restrain a child:

• Throwing, kicking, burning, or cutting a child
• Striking a child with a closed fist
• Shaking a child younger than age 3
• Interfering with a child’s breathing
• Threatening a child with a deadly weapon
• Doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks

The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.

Neglect

Citation: Rev. Code §§ 26.44.020; 9A.42.100‘Negligent treatment or maltreatment’ means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety, including but not limited to conduct prohibited under § 9A.42.100 [endangerment with a controlled substance]. When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight.

It is ‘endangerment with a controlled substance’ if the person knowingly or intentionally permits a dependent child to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, which are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers.

Sexual Abuse/Exploitation

Citation: Rev. Code § 26.44.020The term ‘abuse or neglect’ includes the sexual abuse or sexual exploitation of a child by any person under circumstances that indicate that the child’s health, welfare, and safety are harmed.

‘Sexual exploitation’ includes:

• Allowing, permitting, or encouraging a child to engage in prostitution by any person
• Allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person

Emotional Abuse

This issue is not addressed in the statutes reviewed.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Rev. Code § 26.44.030
A report is required when a mandatory reporter has reasonable cause to believe that a child has suffered abuse or neglect.

Persons Responsible for the Child

Citation: Rev. Code § 26.44.020Any person can be a responsible person.

Exceptions

Citation: Rev. Code §§ 26.44.015; 26.44.020; 9A.16.100This chapter shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, that are not injurious to a child’s health, welfare, and safety.

Nothing in this chapter may be used to prohibit the reasonable use of corporal punishment as a means of discipline.

No parent or guardian may be deemed abusive or neglectful solely by reason of the parent’s or child’s blindness, deafness, developmental disability, or other handicap.

The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty, homelessness, or exposure to domestic violence that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself.

A person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person.

The physical discipline of a child is not unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Code § 26.50.010‘Domestic violence’ means:

• Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, between family or household members
• Sexual assault of one family or household member by another
• Stalking, as defined in § 9A.46.110, of one family or household member by another family or household member

Defined in Child Abuse Reporting and Child Protection Laws

Citation: Rev. Code § 26.44.020(16)Poverty, homelessness, or exposure to domestic violence, as defined in § 26.50.010, that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself.

Defined in Criminal Laws

Citation: Rev. Code § 10.99.020‘Domestic violence’ includes, but is not limited to, any of the following crimes when committed by one family or household member against another:

• Assault
• Driveby shooting
• Reckless endangerment
• Coercion
• Burglary
• Criminal trespass
• Malicious mischief
• Kidnapping
• Unlawful imprisonment
• Violation of the provisions of a restraining order, no-contact order, or protection order
• Rape
• Residential burglary
• Stalking
• Interference with the reporting of domestic violence

Persons Included in the Definition

Citation: Rev. Code §§ 10.99.020; 26.50.010‘Family or household members’ means:

• Spouses, domestic partners, former spouses, former domestic partners, or persons who have a child in common regardless of whether they have been married or have lived together at any time
• Adult persons related by blood or marriage
• Adult persons who are presently residing together or who have resided together in the past
• Persons age 16 or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship
• Persons age 16 or older with whom a person age 16 or older has or has had a dating relationship
• Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren, and grandparents and grandchildren

‘Dating relationship’ means a social relationship of a romantic nature. Factors that the court may consider in making this determination include:

• The length of time the relationship has existed
• The nature of the relationship
• The frequency of interaction between the parties

Current Through June 2013

Confidentiality of Records

Citation: Rev. Code § 13.50.100Records covered by this section shall be confidential and shall be released only pursuant to this section.

Persons or Entities Allowed Access to Records

Citation: Rev. Code § 13.50.100The Department of Social and Health Services may release information retained in the course of conducting child protective services investigations to a family or juvenile court. Information that may be released shall be limited to information regarding investigations in which the child was an alleged victim of abandonment or abuse or neglect.

Additional information may be released only with the written consent of the subject of the investigation and the child alleged to be the victim of abandonment or abuse and neglect, or the parent, custodian, guardian, or personal representative of the child, or by court order obtained with notice to all interested parties.

A contracting agency or service provider of the department that provides counseling, psychological, psychiatric, or medical services may release to the Office of the Family and Children’s Ombuds information or records relating to services provided to a child who is dependent without the consent of the parent or guardian of the child, or of the child if the child is under age 13, unless such release is otherwise specifically prohibited by law.

A child, his or her parents, the child’s attorney, and the child’s parent’s attorney shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency that pertain to the child except:

• If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the child or his or her parents, the agency may withhold the information subject to other order of the court.
• If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the child; when the services have been sought voluntarily by the child; and the child has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the child’s parents without the informed consent of the child unless otherwise authorized by law.
• The department may delete the name and identifying information regarding persons or organizations who have reported alleged child abuse or neglect.

Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship, any party’s counsel, and the guardian ad litem of any party shall have access to the records of any natural or adoptive child of the parent. Information about reports, reviews, and hearings may be disclosed only in accordance with Federal and State laws pertaining to child welfare records and child protective services reports.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

Citation: Rev. Code §§ 13.50.100; 26.44.125Information that may be released shall be limited to information regarding investigations in which the petitioner for custody of the juvenile or any individual aged 16 or older residing in the petitioner’s household is the subject of a founded or currently pending child protective services investigation made by the department subsequent to October 1, 1998.

No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other licensed provider.

Founded allegations of child abuse or neglect may be used by the department in determining if a person is qualified:

• To be licensed or approved to care for children or vulnerable adults
• To be employed by the department in a position having unsupervised access to children or vulnerable adults

Current Through March 2015

Citation: Rev. Code § 26.44.060(1)-(2), (5)

Any person participating in good faith in making a report pursuant to the reporting laws or testifying as to alleged child abuse or neglect in a judicial proceeding shall be immune from any liability arising out of such reporting or testifying.

A person convicted of knowingly making a false report shall not be immune from liability under this subsection.

An administrator of a hospital or similar institution or any licensed physician taking a child into custody pursuant to § 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.

A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the child abuse or neglect to occur.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Code § 26.44.030When any mandated reporter has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall make a report to the law enforcement agency or to the Department of Social and Health Services.

An oral report shall be made at the first opportunity but no longer than 48 hours after there is reasonable cause. The oral report must be followed by a report in writing.

When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, if the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required to report when he or she obtains the information solely as a result of a privileged communication.

Content of Reports

Citation: Rev. Code §§ 26.44.030; 26.44.040The reports must contain the following information, if known:

• The name, address, and age of the child
• The name and address of the child’s parents, stepparents, guardians, or other persons having custody of the child
• The nature and extent of alleged injuries, neglect, or sexual abuse
• Any evidence of previous injuries, including their nature and extent
• Any other information that might be helpful in establishing the cause of the child’s death, injury, or injuries, and the identity of the alleged perpetrator or perpetrators

The report must include the identity of the accused, if known.

Reporting Suspicious Deaths

Citation: Rev. Code § 26.44.030(4), (5)If the report involves a child who has died:

• The department shall notify the proper law enforcement agency.
• The law enforcement agency shall report the incident in writing to the proper county prosecutor or city attorney and notify the department.

Reporting Substance-Exposed Infants

Citation: Rev. Code §§ 26.44.170; 26.44.200When an investigation is made that includes an in-person contact with the person alleged to have committed abuse, there shall be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor.

If, in the course of investigating an allegation relating to the manufacture of methamphetamine or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, a law enforcement agency discovers that a child is present at the site, the agency shall contact the department immediately.

Agency Receiving the Reports

Citation: Rev. Code § 26.44.040An immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the Department of Social and Health Services and, upon request, must be followed by a report in writing.

Initial Screening Decisions

Citation: Rev. Code § 26.44.030Upon receiving a report of alleged abuse or neglect, the department shall use one of the following discrete responses to reports of child abuse or neglect that are screened in and accepted for departmental response: Investigation or family assessment.

In making the response the department shall:

• Use a method by which to assign cases to investigation or family assessment that are based on an array of factors that may include the presence of: Imminent danger, level of risk, number of previous child abuse or neglect reports, or other presenting case characteristics, such as the type of alleged maltreatment and the age of the alleged victim
• Allow for a change in response assignment based on new information that alters risk or safety level
• Allow families assigned to family assessment to choose to receive an investigation rather than a family assessment
• Provide a full investigation if a family refuses the initial family assessment
• Provide voluntary services to families based on the results of the initial family assessment
• Conduct an investigation, and not a family assessment, in response to an allegation that, the department determines based on the intake assessment:
  • Poses a risk of imminent harm, which includes, but is not limited to, sexual abuse and sexual exploitation
  • Poses a serious threat of substantial harm to a child
  • Constitutes conduct involving a criminal offense that has, or is about to occur, in which the child is the victim
  • Involves an abandoned child
  • Involves a child who is an adjudicated dependent child, or a child who is in a facility that is licensed, operated, or certified for care of children by the department or by the department of early learning

Agency Conducting the Assessment/Investigation

Citation: Rev. Code § 26.44.050Except for reports that are assigned for family assessment, upon the receipt of a report concerning the possible occurrence of abuse or neglect, the law enforcement agency or the Department of Social and Health Services must investigate and provide the protective services section with a report and, where necessary, refer the report to the court.

Assessment/Investigation Procedures

Citation: Rev. Code § 26.44.030For reports that are responded to through a family assessment, the department shall:

• Provide the family with a written explanation of the procedure for assessment and its purposes
• Collaborate with the family to identify family strengths, resources, and service needs, and develop a service plan with the goal of reducing risk of harm to the child and improving or restoring family well-being
• Offer services to the family in a manner that makes it clear that acceptance of the services is voluntary
• Implement the family assessment in a consistent and cooperative manner
• Before services are initiated, have the parent sign an agreement that informs the parents of their rights under a family assessment response, all of their options, and the options the department has if the parents do not sign the consent form

In conducting an investigation or family assessment, the department or law enforcement agency may interview children. If the department determines that the response to the allegation will be a family assessment, the preferred practice is to request a parent’s, guardian’s, or custodian’s permission to interview the child before conducting the interview unless doing so would compromise the safety of the child or the integrity of the assessment.

Interviews may be conducted on school premises, at daycare facilities, at the child’s home, or at other suitable locations outside of the presence of parents.

If the allegation is investigated, parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety of the child or the course of the investigation.

The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor.

Timeframes for Completing Investigations

Citation: Rev. Code § 26.44.030For reports of alleged abuse or neglect that are accepted for investigation by the department, the investigation shall be conducted within timeframes established by the department in rule. In no case shall the investigation extend longer than 90 days from the date the report is received, unless the investigation is being conducted under a written protocol pursuant to § 26.44.180, and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary.

The department shall complete a family assessment within 45 days of receiving the report; however, upon parental agreement, the family assessment response period may be extended up to 90 days.

Classification of Reports

Citation: Rev. Code §§ 26.44.030; 26.44.020At the completion of the investigation, the department shall make a finding that the report of child abuse or neglect is founded or unfounded, as follows:

• A report is ‘founded’ when the department determines that, based on available information, it is more likely than not that child abuse or neglect did occur.
• A report is ‘unfounded’ when the department determines that available information indicates that, more likely than not, child abuse or neglect did not occur, or that there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur.

In the family assessment response, the department shall not make a finding as to whether child abuse or neglect occurred. No one shall be named as a perpetrator and no investigative finding shall be entered in the department’s child abuse or neglect database.

Current Through August 2015

Professionals Required to Report

Citation: Rev. Code § 26.44.030The following persons are required to report:

• Practitioners, county coroners, or medical examiners
• Law enforcement officers
• Professional school personnel
• Registered or licensed nurses, social service counselors, psychologists, or pharmacists
• Employees of the Department of Early Learning
• Licensed or certified child care providers or their employees
• Employees of the Department of Social and Health Services
• Juvenile probation officers
• Placement and liaison specialists, responsible living skills program staff, or HOPE center staff
• State family and children’s ombudsman or any volunteer in the ombudsman’s office
• Persons who supervise employees or volunteers who train, educate, coach, or counsel children or have regular unsupervised access to children
• Department of Corrections personnel
• Any adult with whom a child resides
• Guardians ad litem and court-appointed special advocates

The reporting requirement also applies to administrative and academic or athletic department employees, including student employees, of public and private institutions of higher education.

Reporting by Other Persons

Citation: Rev. Code § 26.44.030Any person who has reasonable cause to believe that a child has suffered abuse or neglect may report.

Institutional Responsibility to Report

Not addressed in statutes reviewed.

Standards for Making a Report

Citation: Rev. Code § 26.44.030A report is required when:

• A reporter has reasonable cause to believe that a child has suffered abuse or neglect.
• Any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority.
• Department of Corrections personnel observe offenders or the children with whom the offenders are in contact, and as a result of these observations have reasonable cause to believe that a child has suffered abuse or neglect.
• Any adult has reasonable cause to believe that a child who resides with them has suffered severe abuse.

Privileged Communications

Citation: Rev. Code §§ 26.44.030; 26.44.060No one shall be required to report when he or she obtains the information solely as a result of a privileged communication.

Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.

Conduct conforming with reporting requirements shall not be deemed a violation of the confidential communication privilege of §§ 5.60.060 (3) and (4) [pertaining to clergy-penitent and physician-patient privilege], 18.53.200 [pertaining to optometrist-patient privilege], and 18.83.110 [pertaining to psychologist-client privilege].

Inclusion of Reporter’s Name in Report

Citation: Rev. Code § 26.44.030The department shall make reasonable efforts to learn the name, address, and telephone number of the reporter.

Disclosure of Reporter Identity

Citation: Rev. Code § 26.44.030The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section.

Current Through April 2015

Citation: Rev. Code § 9.94A.827The court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation, in a criminal case in which:

• The defendant has been convicted of manufacture of a controlled substance under § 69.50.401 relating to manufacture of methamphetamine; or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined in § 69.50.440.
• There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime when a person younger than age 18 was present in or upon the premises of manufacture.

Citation: Rev. Code § 26.44.170(1), (3)When, as a result of a report of alleged child abuse or neglect, an investigation is made that includes an in-person contact with the person who is alleged to have committed the abuse or neglect, there shall be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor to the alleged abuse or neglect.

If a determination is made that there is probable cause to believe abuse of alcohol or controlled substances has contributed to the child abuse or neglect, the Department of Social and Health Services shall, within available funds, cause a comprehensive chemical dependency evaluation to be made of the person or persons so identified. The evaluation shall be conducted by a physician or persons certified under rules adopted by the department to make such an evaluation.

Citation: Rev. Code § 9A.42.100A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers. Endangerment with a controlled substance is a Class B felony.

Citation: Rev. Code § 26.44.200A law enforcement agency in the course of investigating an allegation under § 69.50.401(a) relating to manufacture of methamphetamine, or an allegation under § 69.50.440 relating to possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, that discovers a child present at the site, shall contact the department immediately.

Current Through August 2014

Making The Appointment

Citation: Rev. Code §§ 26.44.053; 13.34.100In any judicial proceeding under this chapter or chapter 13.34 [dependency or termination of parental rights actions] in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem (GAL) for the child. The requirement of a GAL may be deemed satisfied if the child is represented by counsel in the proceedings.

The court shall appoint a GAL for a child who is the subject of an action under this chapter, unless a court for good cause shown finds the appointment unnecessary. The requirement of a GAL may be deemed satisfied if the child is represented by an independent attorney. The court shall attempt to match a child with special needs with a GAL who has specific training or education related to the child’s individual needs.

If the court does not have available to it a GAL program with a sufficient number of volunteers, the court may appoint a suitable person to act as GAL for the child.

The court must appoint an attorney for a child in a dependency proceeding 6 months after granting a petition to terminate a parent’s parental rights and there is no remaining parent with parental rights.

The Department of Social and Health Services and the child’s GAL shall notify a child age 12 or older of his or her right to request an attorney and shall ask the child whether he or she wishes to have an attorney. If the child requests legal counsel and is age 12 or older, or if the GAL or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child’s position.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Code §§ 13.34.100; 13.34.105When a court-appointed special advocate (CASA) or volunteer GAL is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the CASA or volunteer GAL is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within 5 judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the CASA or GAL on the grounds the advocate or volunteer is inappropriate or unqualified.

CASAs and GALs may make recommendations based upon an independent investigation regarding the best interests of the child that the court may consider and weigh in conjunction with the recommendations of all of the parties.

Qualifications/Training

Citation: Rev. Code §§ 13.34.100; 13.34.102; 2.56.030(15)Each GAL program shall maintain a background information record for each GAL in the program. The background file shall include, but is not limited to, the following information:

• Level of formal education
• Training related to the guardian’s duties
• Number of years of experience as a GAL
• Number of appointments as a GAL and the county or counties of appointment
• The names of any counties in which the person was removed from a GAL registry due to a grievance action
• Founded allegations of abuse or neglect
• The results of State and national criminal background checks
• Criminal history for the past 10 years

The background information report shall be updated annually. As a condition of appointment, the GAL’s background information record shall be made available to the court. If the appointed GAL is not a member of a GAL program the person shall provide the background information to the court.

All GALs must comply with the training requirements established under § 2.56.030(15) prior to their appointment, except that volunteer GALs or CASAs may comply with alternative training requirements approved by the Administrative Office of the Courts that meet or exceed the statewide requirements.

The administrator for the courts shall, under the supervision and direction of the chief justice, develop a comprehensive statewide curriculum for persons who act as GALs. The curriculum shall include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, domestic violence, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as GALs.

Specific Duties

Citation: Rev. Code §§ 13.34.100; 13.34.105The appointment of the GAL shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first.

A GAL through an attorney, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and be present at all hearings. A GAL shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings.

Unless otherwise directed by the court, the duties of the GAL include, but are not limited to, the following:

• To investigate, collect relevant information about the child’s situation, and report to the court factual information regarding the best interests of the child
• To meet with, interview, or observe the child, depending on the child’s age and developmental status, and report to the court any views or positions expressed by the child
• To monitor all court orders for compliance and to bring to the court’s attention any change in circumstances that may require a modification of the court’s order
• To report to the court information on the legal status of a child’s membership in any Indian Tribe or band
• To make recommendations based upon an independent investigation regarding the best interests of the child that the court may consider and weigh in conjunction with the recommendations of all of the parties
• To represent and be an advocate for the best interests of the child
• To inform the child, if he or she is age 12 or older, of his or her right to request counsel and to ask the child whether he or she wishes to have counsel
• In the case of an Indian child, to know, understand, and advocate the best interests of the Indian child

The GAL shall have access to all information available to the State or agency on the case. Upon presentation of the order of appointment by the GAL, any agency, hospital, school organization, division or department of the State, doctor, nurse, or other health-care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the GAL to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under age 13, unless such access is otherwise specifically prohibited by law.

How the Representative Is Compensated

Citation: Rev. Code §§ 13.34.100(c); 13.34.108Subject to the availability of amounts appropriated for this specific purpose, the State shall pay the costs of legal services provided by an attorney appointed to represent a child whose parents’ parental rights have been terminated if the legal services are provided in accordance with the standards of practice, voluntary training, and caseload limits developed and recommended by the statewide children’s representation work group.

The court shall specify the hourly rate a GAL may charge for his or her services and shall specify the maximum amount the GAL may charge without additional court review and approval. The court shall specify rates and fees in the order of appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the GAL billing for his or her services. This section shall apply except as provided by local court rule.

Current Through April 2014

When Case Plans Are Required

Citation: Rev. Code §§ 13.34.067; 13.34.136Following the shelter care hearing and no later than 30 days prior to the fact-finding hearing, the Department of Social and Health Services or supervising agency shall convene a case conference as required in the shelter care order to develop a written service agreement.

Whenever a child is ordered removed from the home, a permanency plan shall be developed no later than 60 days from the time the supervising agency assumes responsibility for providing services, including placing the child, or at the time of the disposition hearing, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the child to the parent’s home.

Who May Participate in the Case Planning Process

Citation: Rev. Code § 13.34.067The case conference shall include the parent, counsel for the parent, caseworker, counsel for the State, guardian ad litem, counsel for the child, and any other person agreed upon by the parties.

If a case conference is convened and the parent is unable to participate in person due to incarceration, the parent must have the option to participate through the use of a teleconference or videoconference.

Contents of a Case Plan

Rev. Code §§ 13.34.067; 13.34.136The written service agreement shall specify the expectations of the department or supervising agency and the parent regarding voluntary services for the parent. The expectations in the service agreement must correlate with the court’s findings at the shelter care hearing. The agreement must set forth specific services to be provided to the parent.

The permanency plan shall include:

• A permanency plan of care that shall identify one of the following outcomes as a primary goal and possible additional outcomes as alternative goals:
  • Return of the child to his or her home
  • Adoption
  • Guardianship
  • Permanent legal custody
  • Long-term relative or foster care until the child is age 18, with a written agreement between the parties and the care provider
  • Successful completion of a responsible living skills program
  • Independent living, if appropriate and if the child is age 16 or older
• Unless the court has ordered that a termination petition be filed, a specific plan for where the child will be placed, what steps will be taken to return the child home, what steps the supervising agency or the department will take to promote existing appropriate sibling relationships and/or facilitate placement together or contact in accordance with the best interests of each child, and what actions the department or supervising agency will take to maintain parent-child ties
• The services the parents will be offered to enable them to resume custody, the requirements the parents must meet to resume custody, and a time limit for each service plan and parental requirement, including:
  • If the parent is incarcerated, how the parent will participate in planning meetings; receive treatment that reflects the resources available at the facility where the parent is confined; and have visitation opportunities
  • If a parent has a developmental disability, the reasonable efforts needed to consult with the Developmental Disabilities Administration to create an appropriate plan for services
• A plan for visitation between the child and the parent, in cases in which visitation is in the child’s best interests
• A plan to place the child as close to the child’s home as possible, preferably in the child’s own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child’s or parents’ well-being
• A statement as to whether both in-State and, where appropriate, out-of-State placement options have been considered by the department
• Whenever practical, a plan to ensure the child remains enrolled in the school the child was attending at the time the child entered foster care, unless it is not in the child’s best interests
• A statement that the supervising agency or department will provide all reasonable services that are available within the department or the community, or those services that the department has existing contracts to purchase
• If the court has ordered that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the child’s best interests, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition

The department or supervising agency shall not be required to develop a plan of services for the parents or provide services to the parents if the court orders a termination petition be filed. However, reasonable efforts to ensure visitation and contact between siblings shall be made unless there is reasonable cause to believe the best interests of the child or siblings would be jeopardized.

Current Through November 2012

Citation: Wash. Rev. Code § 13.34.136(2)(a) & (b)(iv) (LexisNexis through 2012 2nd Spec. Sess.)The permanency plan shall include a permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals:

• Return of the child to the home of the child’s parent, guardian, or legal custodian
• Adoption, including a Tribal customary adoption as defined in § 13.38.040
• Guardianship
• Permanent legal custody
• Long-term relative or foster care, until the child is age 18, with a written agreement between the parties and the care provider
• Successful completion of a responsible living skills program
• Independent living, if appropriate and if the child is age 16 or older

The plan shall state whether both in-State and, where appropriate, out-of-State placement options have been considered by the Department of Social and Health Services or supervising agency.

Current Through January 2016

Schedule of Hearings

Citation: Rev. Code §§ 13.34.134; 13.34.138; 13.34.145Hearings to review the status of all children found dependent shall be held at least 6 months from the beginning date of the placement episode or the date dependency is established, whichever is first.

Permanency hearings shall be held:

• No later than 12 months from the beginning of the current placement episode and every 12 months thereafter
• Within 30 days if reasonable efforts to reunify are not ordered

Persons Entitled to Attend Hearings

Citation: Rev. Code §§ 13.34.070; 13.34.138; 13.34.145Notice of a hearing shall be provided to the child if the child is age 12 or older, and to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings.

The department or supervising agency shall provide the child’s foster parents, preadoptive parents, or other caregivers with notice of their right to be heard prior to each proceeding held with respect to the child in juvenile court under this chapter. The rights to notice and to be heard apply only to persons with whom a child has been placed by the department or supervising agency and who are providing care to the child at the time of the proceeding. This section shall not be construed to grant party status to any person solely on the basis of such notice and right to be heard.

If the child has resided in the home of a foster parent or relative for more than 6 months prior to the permanency planning hearing, the court shall also enter a finding regarding whether the foster parent or relative was informed of the hearing as required by statute.

Determinations Made at Hearings

Citation: Rev. Code § 13.34.138; 13.34.145At the review hearing, the court shall determine whether:

• The agency is making reasonable efforts to provide services to the family to eliminate the need for placement of the child.
• There has been compliance with the case plan by the child, the child’s parents, and the agency supervising the placement.
• Progress has been made toward correcting the problems that necessitated the child’s placement in out-of-home care.
• There is a continuing need for placement.
• A parent’s lack of suitable housing is preventing the child’s return home and housing assistance should be provided.
• The child is in an appropriate placement that adequately meets all physical, emotional, and educational needs.
• Preference has been given to placement with the child’s relatives.
• Both in-State and, where appropriate, out-of-State placements have been considered.
• The parents have visited the child and any reasons why visitation has not occurred or has been infrequent.

At the permanency planning hearing, the court shall review the permanency plan prepared by the agency and make explicit findings regarding each of the following:

• The continuing necessity for, and the safety and appropriateness of, the placement
• The extent of compliance with the permanency plan by the agency and any other service providers, the child’s parents, the child, and the child’s guardian, if any
• The extent of any efforts to involve appropriate service providers in addition to agency staff in planning to meet the special needs of the child and the child’s parents
• The progress toward eliminating the causes for the child’s placement outside of his or her home and toward returning the child safely to his or her home or obtaining a permanent placement for the child
• The date by which it is likely that the child will be returned to his or her home or placed for adoption, with a guardian, or in some other alternative permanent placement

Permanency Options

Citation: Rev. Code § 13.34.145The permanency plan shall identify one of the following outcomes as a primary goal:

• Being returned safely to his or her home
• Having a petition for the involuntary termination of parental rights filed on behalf of the child
• Being placed for adoption
• Being placed with a guardian
• Being placed in the home of a fit and willing relative of the child
• Being placed in some other alternative permanent placement, including independent living or long-term foster care

Current Through March 2016

Citation: Rev. Code § 13.34.020The legislature declares that the family unit is a fundamental resource of American life that 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, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. In making reasonable efforts under this chapter, the child’s health and safety shall be the paramount concern. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Code §§ 13.34.132; 13.34.180A court may order termination of parental rights if the following requirements are met:

• The court has removed the child from his or her home.
• Termination is recommended by the department or the supervising agency.
• Termination is in the best interests of the child.
• Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required.

In determining whether aggravated circumstances exist by clear and convincing evidence, the court shall consider one or more of the following:

• Conviction of the parent of rape of the child
• Conviction of the parent of criminal mistreatment of the child
• Conviction of the parent of first- or second-degree assault, when the child is the victim
• Conviction of the parent of murder, manslaughter, or homicide by abuse of the child’s other parent, sibling, or another child
• Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed above
• A finding by a court that a parent is a sexually violent predator
• Failure of the parent to complete available treatment, when such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim
• Abandonment of an infant younger than age 3
• Conviction of the parent of a sex offense or incest, when a child has been born of the offense

A petition seeking termination of parental rights may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall allege all of the following:

• The child has been found to be a dependent child under a dispositional order pursuant to § 13.34.130.
• The child has been removed from the custody of the parent for at least 6 months.
• Services capable of correcting the parental deficiencies have been expressly and understandably offered or provided.
• 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. In determining whether the conditions will be remedied, the court may consider, but is not limited to, the following factors:
  • 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
  • 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
  • Failure of the parent to have contact with the child for an extended period of time if the parent was provided an opportunity to have a relationship with the child
• Continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.

In lieu of the allegations listed above, 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 2 months after the child was found.

In lieu of the allegations listed above, the petition may allege that the parent has been convicted of:

• Murder or manslaughter against another child of the parent
• Attempting, conspiring, or soliciting another to commit murder or manslaughter
• Assault in the first or second degree against the surviving child or another child of the parent

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Rev. Code § 13.34.180A parent’s failure to remedy conditions for 12 months shall give rise to a presumption that there is little likelihood of reunification unless it is shown that all necessary services have not been clearly offered or provided.

The actual inability of a parent to have visitation with the child including, but not limited to, mitigating circumstances such as a parent’s incarceration or service in the military does not in and of itself constitute failure to have contact with the child.

Circumstances Allowing Reinstatement of Parental Rights

Citation: Rev. Code § 13.34.215A child may petition the court to reinstate the previously terminated parental rights of his or her parent if:

• The child was previously found to be a dependent child and the child’s parent’s rights were terminated.
• The child has not achieved his or her permanency plan.
• Three years have passed since the final order of termination was entered.
• The child is at least age 12 at the time the petition is filed.

If, after a threshold hearing to consider the parent’s apparent fitness and interest in reinstatement of parental rights, the court finds 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. The juvenile court shall conditionally grant the petition if it finds that the child has not achieved his or her permanency plan, is not likely to imminently achieve permanency, and that reinstatement of parental rights is in the child’s best interests. In determining whether reinstatement is in the child’s best interests, the court shall consider, but is not limited to, the following:

• Whether the parent is a fit parent and has remedied the deficiencies that led to the termination
• The child’s age, maturity, and ability to express a preference
• Whether the reinstatement of parental rights will present a risk to the child’s health, welfare, or safety
• Other material changes in circumstances, if any, that may have occurred that warrant the granting of the petition

If the court conditionally grants the petition, the child shall be placed in the custody of the parent, and the department shall develop a plan for reunification and provide transition services to the family as appropriate.

If the child has been successfully placed with the parent for 6 months, the court order reinstating parental rights remains in effect and the court shall dismiss the dependency.

Current Through December 2014

Definitions

Citation: Rev. Code § 13.36.020‘Guardian’ means a person who has been appointed by the court as the guardian of a child in a legal proceeding under this chapter and has the legal right to custody of the child pursuant to court order.

‘Relative’ means a person related to the child in the following ways:

• Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great
• Stepfather, stepmother, stepbrother, and stepsister
• A person who legally adopts a child or the child’s parent, as well as the natural and other legally adopted children of such persons and other relatives of the adoptive parents in accordance with State law
• Spouses of any persons named above, even after the marriage is terminated
• Relatives, as named above, of any half-sibling of the child
• Extended family members, as defined by the law or custom of the Indian child’s Tribe or, in the absence of such law or custom, a person who has reached the age of 18 and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a 24-hour basis to an Indian child, as defined in 25 U.S.C. § 1903(4)

‘Suitable person’ means a nonrelative with whom the child or the child’s family has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child; and with whom the child has been placed pursuant to § 13.34.130.

Purpose of Guardianship

Citation: Rev. Code §§ 13.36.010; 13.36.030The legislature finds that a guardianship is an appropriate permanent plan for a child who has been found to be dependent under chapter 13.34 and who cannot safely be reunified with his or her parents. The legislature intends to create a separate guardianship chapter to establish permanency for children in foster care through the appointment of a guardian and dismissal of the dependency.

A guardianship shall be established if the court finds by a preponderance of the evidence that it is in the child’s best interests to establish a guardianship rather than to terminate the parent-child relationship and proceed with adoption or to continue efforts to return custody of the child to the parent.

A Guardian’s Rights and Responsibilities

Citation: Rev. Code § 13.36.050The guardian shall maintain physical and legal custody of the child and have the following rights and duties under the guardianship:

• The duty to protect, nurture, discipline, and educate the child
• The duty to provide food, clothing, shelter, education as required by law, and health care for the child, including but not limited to, medical, dental, mental health, psychological, and psychiatric care and treatment
• The right to consent to health care for the child and sign a release authorizing the sharing of health care information with appropriate authorities, in accordance with State law
• The right to consent to the child’s participation in social and school activities
• The duty to notify the court of a change of address of the guardian and the child

Unless specifically ordered by the court, the standards and requirements for relocation in chapter 26.09 RCW do not apply to guardianships established under this chapter.

If the child has independent funds or other valuable property under the control of the guardian, the guardian shall provide an annual written accounting, supported with appropriate documentation, to the court regarding receipt and expenditure by the guardian of any such funds or benefits. This subsection shall not be construed to require a guardian to account for any routine funds or benefits received from a public social service agency on behalf of the child.

The guardianship shall remain in effect until the child reaches age 18 or until the court terminates the guardianship, whichever occurs sooner.

Qualifying the Guardian

Citation: Rev. Code §§ 13.36.030; 13.36.040To be designated as a proposed guardian in a petition under this chapter, a person must be age 21 or older and must meet the minimum requirements to care for children as established by the Department of Social and Health Services under § 74.15.030, including, but not limited to, licensed foster parents, relatives, and suitable persons.

The proposed guardian must sign a statement acknowledging the guardian’s rights and responsibilities toward the child and affirming the guardian’s understanding and acceptance that the guardianship is a commitment to provide care for the child until the child reaches age 18.

Before the court can establish a guardianship for a child who has no legal parent, the court must find that one or more exceptional circumstances exist and the benefits for the child from establishing the guardianship outweigh any potential disadvantage to the child of having no legal parent. Exceptional circumstances may include, but are not limited to:

• The child has special needs and a suitable guardian is willing to accept custody and able to meet the needs of the child to an extent unlikely to be achieved through adoption.
• The proposed guardian has demonstrated a commitment to provide for the long-term care of the child and (i) Is a relative of the child; (ii) has been a long-term caregiver for the child, has acted as a parent figure to the child, and is viewed by the child as a parent figure; or (iii) the child’s family has identified the proposed guardian as the preferred guardian, and, if the child is age 12 or older, the child also has identified the proposed guardian as the preferred guardian.

Procedures for Establishing Guardianship

Citation: Rev. Code §§ 13.36.030; 13.36.040Any 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 proceedings under this chapter. For purposes of this chapter, a dependent child age 12 or older is a party to the proceedings.

A guardianship shall be established if:

• All parties agree to entry of the guardianship order and the proposed guardian is qualified, appropriate, and capable of performing the duties of guardian.
• At the time of the hearing on the guardianship petition, the child has or will have been removed from the custody of the parent for at least 6 consecutive months following a finding of dependency under § 13.34.030.
• All reasonably available necessary services, capable of correcting the parental deficiencies within the foreseeable future, have been provided or offered.
• There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future.

Upon the request of a dependency guardian appointed under chapter 13.34 and the department or supervising agency, the court shall convert a dependency guardianship to a guardianship under this chapter.

Contents of a Guardianship Order

Citation: Rev. Code § 13.36.050If the court has made the findings required under § 13.36.040, the court shall issue an order establishing a guardianship for the child. The order shall:

• Appoint a person to be the guardian for the child
• Specify the guardian’s rights and responsibilities concerning the care, custody, control, and nurturing of the child
• Specify the guardian’s authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child
• Specify an appropriate frequency and type of contact between the parent or parents and the child, if applicable, and between the child and his or her siblings, if applicable
• Specify the need for and scope of continued oversight by the court, if any

Once the dependency has been dismissed pursuant to § 13.36.070, the court shall not order the department or other supervising agency to supervise or provide case management services to the guardian or the child as part of the guardianship order.

The court shall issue a letter of guardianship to the guardian upon the entry of the court order establishing the guardianship under this chapter.

Modification/Revocation of Guardianship

Citation: Rev. Code §§ 13.36.060; 13.36.70A guardian or a parent of the child may petition the court to modify the visitation provisions of a guardianship order. The court shall deny the motion unless it finds that there is adequate cause for hearing the motion, in which case a hearing will be held on whether the modification should be granted.

Any party to a guardianship proceeding may request termination of the guardianship by filing a petition stating that there has been a substantial change in circumstances and that termination is in the child’s best interests.

The court shall not terminate a guardianship unless it finds, upon the basis of facts that have arisen since the guardianship was established, that a substantial change has occurred and that termination of the guardianship is necessary to serve the best interests of the child.

The court may terminate a guardianship on the agreement of the guardian, the child if the child is age 12 or older, and a parent seeking to regain custody of the child, if the court finds by a preponderance of evidence and on the basis of facts that have arisen since the guardianship was established, that:

• The parent has successfully corrected parenting deficiencies to the degree that returning the child to the custody of the parent no longer creates a risk of harm to the child.
• The child, if age 12 or older, agrees to termination of guardianship and return to the parent.
• Termination of guardianship and return of the child to the parent is in the child’s best interests.

Upon the entry of an order terminating a guardianship, the court shall:

• Grant legal and physical custody of the child to the child’s parent
• Grant legal and physical custody of the child to a substitute guardian
• Temporarily place the child in the custody of the department for placement with a relative or other suitable person, if available, or in an appropriate licensed out-of-home placement

Eligibility for Guardianship Subsidy

Citation: Rev. Code § 13.36.090A relative guardian who is a licensed foster parent at the time a guardianship is established and who has been the child’s foster parent for a minimum of 6 consecutive months preceding entry of the guardianship order is eligible for a relative guardianship subsidy on behalf of the child. The department may establish rules setting eligibility, application, and program standards consistent with applicable Federal guidelines for expenditure of Federal funds.

Within amounts appropriated for this specific purpose, a guardian who is a licensed foster parent at the time a guardianship is established and who has been the child’s foster parent for a minimum of 6 consecutive months preceding entry of the guardianship order is eligible for a guardianship subsidy on behalf of the child.

Links to Agency Policies

Washington State Department of Social and Health Services, A Resource Guide for Relatives as Parents in Washington State (PDF – 2,046 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Rev. Code §§ 13.34.130; 13.34.060; 74.15.020(2)(a)Placement of the child with a relative or other suitable person shall be given preference by the court.

Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care, pending a court hearing, shall be with a relative or other suitable person. If a child is not initially placed with a relative or other suitable person requested by the parent, the supervising agency shall make an effort within available resources to place the child with a relative or other suitable person requested by the parent on the next business day after the child is taken into custody. The supervising agency shall document its effort to place the child with a relative or other suitable person requested by the parent.

A relative includes a person related to the child in any of the following ways:

• Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of ‘grand,’ ‘great,’ or ‘great-great’
• Stepfather, stepmother, stepbrother, and stepsister
• A person who legally adopts a child or the child’s parent, as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law
• Spouses of any persons named above, even after the marriage is terminated
• The relatives of any half-sibling of the child
• Extended family members, as defined by the law or custom of the Indian child’s Tribe or, in the absence of such law or custom, a person who has reached age 18 and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a 24-hour basis to an Indian child

Requirements for Placement with Relatives

Citation: Rev. Code § 13.34.130; Admin. Code § 388-25-0445Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, the child shall be placed with a person who is willing, appropriate, and available to care for the child, and who is:

• Related to the child as defined above and with whom the child has a relationship and is comfortable
• A suitable person if the child or family has a preexisting relationship with that person, and the person has completed all required criminal history background checks and otherwise appears to the department or supervising agency to be suitable and competent to provide care for the child

The court shall consider the child’s existing relationships and attachments when determining placement.If the relative or other person appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement but as soon as possible after placement. Any placements with relatives or other suitable persons shall be contingent upon cooperation by the relative or other suitable person with the agency case plan and compliance with court orders related to the care and supervision of the child, including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court.

In regulation: Relatives who are licensed as foster parents may choose to receive foster care payments. A relative who is not a licensed foster parent at the time of placement may apply to become a foster parent.

Requirements for Placement of Siblings

Citation: Rev. Code § 13.34.130The department may consider placing the child, subject to review and approval by the court, with a person with whom the child’s sibling or half-sibling is residing or a person who has adopted the sibling or half-sibling as long as the person has completed all required criminal history background checks and otherwise appears to the department or supervising agency to be competent to provide care for the child.

If the court has ordered a child removed from his or her home, the court shall consider whether it is in a child’s best interest to be placed with, have contact with, or have visits with siblings. There shall be a presumption that such placement, contact, or visits are in the best interests of the child provided that:

• The court has jurisdiction over all siblings subject to the order of placement, contact, or visits or the parents of a child for whom there is no jurisdiction are willing to agree.
• There is no reasonable cause to believe that the health, safety, or welfare of any child subject to the order of placement, contact, or visits would be jeopardized or that efforts to reunite the parent and child would be hindered by such placement, contact, or visits. In no event shall parental visiting time be reduced in order to provide sibling visits.

The court also may order placement, contact, or visits of a child with a stepbrother or stepsister provided that, in addition to the factors listed above, the child has a relationship and is comfortable with the stepsibling.

Relatives Who May Adopt

Citation: Admin. Code § 388-27-0035The department prefers to place a child for adoption with a fit and willing relative who is known to the child and with whom the child is comfortable. The department shall:

• Conduct searches for relatives who are fit and willing to adopt the child, who are known to the child, and with whom the child is comfortable
• Ask the relatives to be considered as a potential adoptive family

Requirements for Adoption by Relatives

This issue is not addressed in the statutes and regulations reviewed.

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Code §§ 13.34.025; 13.34.130The Department of Social and Health Services shall coordinate within the administrations of the department and with contracted service providers, including supervising agencies, to ensure that parents in dependency proceedings receive priority access to remedial services recommended by the department or supervising agency in its social study or ordered by the court for the purpose of correcting any parental deficiencies identified in the dependency proceeding that are capable of being corrected in the foreseeable future. Services also may be provided to caregivers other than the parents as identified in § 13.34.138.

For purposes of this chapter, remedial services are those services defined in the Federal Adoption and Safe Families Act as time-limited family reunification services. Remedial services include:

• Individual, group, and family counseling
• Substance abuse treatment services
• Mental health services
• Assistance to address domestic violence
• Services designed to provide temporary child care and therapeutic services for families
• Transportation to or from any of the above services and activities

Reasonable efforts include specific services, such as housing assistance, that are provided to the child and the child’s parent, guardian, or legal custodian, and preventive services that are offered or provided to prevent the need for out-of-home placement.

When Reasonable Efforts Are Required

Citation: Rev. Code §§ 13.34.110; 13.34.130Reasonable efforts are required to prevent or eliminate the need for removal of the child from the child’s home and to make it possible for the child to return home.

An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child’s home and to make it possible for the child to return home, specifying the services (including housing assistance) that have been provided to the child and the child’s parent, guardian, or legal custodian, and that preventive services have been offered or provided to the child and the child’s parent, guardian, or custodian, and the services 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.

When Reasonable Efforts Are NOT Required

Citation: Rev. Code § 13.34.132Reasonable efforts are not required when there are aggravated circumstances. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:

• Conviction of the parent of rape, criminal mistreatment, or assault of the child
• Conviction of the parent of murder, manslaughter, or homicide by abuse of the child’s other parent, sibling, or another child
• Conviction of the parent of attempting, soliciting, or conspiring to commit any of the above crimes
• Conviction of the parent of trafficking or promoting commercial sexual abuse of a minor when the victim of the crime is the child, the child’s other parent, a sibling of the child, or another child
• A finding by a court that a parent is a sexually violent predator
• Failure of the parent to complete a treatment plan where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim
• Abandonment of an infant younger than age 3
• Conviction of the parent of a sex offense or incest when the child is born of the offense

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.