Transcript Introduction to Child Welfare Law in Washington

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
Systems of Law
Federal System
State System
Sources of State Law
Washington State Constitution
Executive Branch
-Executive Orders
-Regulations (WAC)
Legislative Branch
Judicial Branch
- Statutes (RCW)
- Court Opinions
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
- Juvenile Court
- Trial Court
- Domestic Relations
COURTS OF LIMITED JURISDICTION
Judges with Four-year terms
District and Municipal courts
-DV Protection Orders
- Misdemeanor Criminal Cases
All abuse and neglect cases start with a referral.
- Community Members
- Mandatory Reporters
•Physicians
•Law Enforcement
•Service Providers
•Social Workers
Most referrals do not become dependency cases.
- Screened Out -
Information Only - Alternative Response Systems -
- Voluntary Services / Placement -
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.
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”.
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
A dependent child is one who:
• (a) Has been abandoned
• (b) has been abused or neglected
• (c) has no capable parent or guardian
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.
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.
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.
Children May Be Taken Into
Custody By
• court order (pick up order)
• law enforcement protective custody (PC)
• Agreement of the parent (VPA)
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
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
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
Shelter Care Issues
• Were reasonable efforts made to notify
parents
• Parents may agree to participate in
services
• Placement of the child
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
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
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
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
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.
Disposition
• May be delayed up to 14 days after fact
finding for good cause
• Court will enter orders regarding:
– Placement
– Visits
– Services
– Permanent Plan
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
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
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
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.
Permanent plans include:
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Return home
Adoption
Guardianship
Permanent legal custody
Long term relative or foster care
Responsible living skills program
Independent living / Emancipation
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.
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.
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?
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
Permanent plans
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Return home
Adoption
Guardianship
Permanent legal custody
Long term relative or foster care
Responsible living skills program
Emancipation
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.
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.
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
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
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.
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
Permanent Legal Custody
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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
Other Plans
• Long term foster / relative care
• Responsible living skills
• Emancipation
Appeals
• 1st level is to court of appeals
(6-9 months)
• May ask for Supreme Court review
(2 -12 months)
www.uwcita.org