5000. SERVICE DELIVERY
- The department shall have authority to provide continued foster care or group care for individuals from 18 through 20 years of age to enable them to complete their high school or vocational school program.
- The department shall have the authority to provide independent living services to youths, including individuals eighteen through twenty years of age, who are or have been in foster care. RCW 74.14A.020; RCW 74.13.031
Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing in the county, a dependent child. RCW 74.14A.020; RCW 13.34.040
- Protective Order
- The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if:
- A petition is filed with the juvenile court alleging that the child is dependent and that the childs health, safety, and welfare will be seriously endangered if not taken into custody;
- An affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing reasonable grounds that the childs health, safety, and welfare will be seriously endangered if not taken into custody and at least one of the grounds set forth demonstrates a risk of imminent harm to the child. See Appendix A for the definition of imminent harm; and
- The court finds reasonable grounds to believe the child is dependent and that the childs health, safety, and welfare will be seriously endangered if not taken into custody.
- Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires that the parents are provided notice and an opportunity to be heard before the order may be entered.
- The petition and supporting documentation must be served on the parent, and if the child is in custody at the time the child is removed, on the entity with custody other than the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found. RCW 74.14A.020; RCW 13.34.050
- No child may be held longer than 72 hours, excluding Saturdays, Sundays and holidays, unless a court order has been entered for continued shelter care. RCW 74.14A.020; RCW 13.34.060
- Failure of a party to comply with an order entered under chapter 13.34 RCW is civil contempt of court as provided in RCW 7.21.030. The maximum term of confinement that may be imposed as a remedial sanction for contempt of court under this section is confinement for up to seven days. RCW 74.14A.020; RCW 13.34.165
- A motion for contempt may be made by a parent, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order entered pursuant to chapter 13.34 RCW. RCW 74.14A.020; RCW 13.34.165
- A child held for contempt under this section shall be confined only in a secure juvenile detention facility operated by or pursuant to a contract with a county. RCW 74.14A.020; RCW 13.34.165
- Whenever the court finds probable cause to believe, based upon consideration of a motion for contempt and the information set forth in a supporting declaration, that a child has violated a placement order entered under chapter 13.34 RCW, the court may issue an order directing law enforcement to pick up and take the child to detention. The order may be entered ex parte without prior notice to the child or other parties. Following the childs admission to detention, a detention review hearing must be held in accordance with RCW 13.32A.06 RCW 74.14A.020; RCW 13.34.165
See the Practices and Procedures Guide, chapter 5000, section 5200 on using the Federal Parent Locator service that is available to CA through an Inter-Agency Data Sharing Agreement with the Division of Child Support (DCS). The use of the Federal Parent Locator service will help to ensure that parents receive notification when a child is taken into custody.
- Immediate Notification to Parents-If a child is taken into custody pursuant to a court order issued under RCW 13.3the CPS worker shall take reasonable steps to advise the parents immediately, regardless of the time of day, that the child has been taken into custody, the reasons why the child was taken into custody, and general information about the child's placement. RCW 74.14A.020; RCW 26.44.115
- Non-Custodial Parent Notification-Whenever the CPS worker is required to notify parents and children of their basic rights and other specific information, the worker shall also make a reasonable effort to notify the non-custodial parent of the same information in a timely manner. RCW 74.14A.020; RCW 26.44.120
- Written Notification
- When a child is taken into custody by CPS pursuant to a court order issued under RCW 13.34.050 or when CPS is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, CPS shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights as soon as possible and in no event shall notice be provided more than 24 hours after the child has been taken into custody or 24 hours after CPS has been notified that the child has been taken into custody.
- The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, Child Protective Services shall make reasonable efforts to also provide written notification. Written notice of custody and rights shall be provided to the parents as described specifically in the practice guide.
- The written notice of custody and rights must include a statement that, if the hearing occurs before a court commissioner, the parent, guardian, or legal custodian has the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain the review, the parent, guardian, or legal custodian must, within 10 days after the entry of the decision of the court commissioner, file with the court a motion for review of the decision, as provided in RCW 2.25.050. RCW 74.14A.020; RCW 13.34.060
- Acknowledgment of Notification-Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by CPS. If the receipt is not signed the reason for lack of a signature shall be written on the receipt which becomes part of the court's file in the dependency action. RCW 74.14A.020; RCW 13.34.062
- Tribal Notification-When the court knows or has reason to believe that the child involved is a member or eligible to be a member of an Indian Tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's Tribe. If the identity or location of the Tribe cannot be determined, such notice shall be transmitted to the Secretary of the Interior. RCW 74.14A.020; RCW 13.34.070
- The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. RCW 74.14A.020; RCW 13.34.060
- In circumstances where CPS is not required to give notice under RCW 13.34.060, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090. RCW 74.14A.020; RCW 13.34.062
- Reasonable efforts to advise and to give notice, as required in RCW 13.34.060 and this section shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or if the parent, guardian, or legal custodian does not appear at the shelter care hearing, petitioner shall testify at the hearing or state in a declaration:
- The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and
- Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used. RCW 74.14A.020; RCW 13.34.062
- If a party to an action is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel. RCW 74.14A.020; RCW 13.34.090
- Legal Access to Agency Records
- Copies of department or supervising agency records to which parents have legal access in accordance with RCW 13.50 shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, within 15 days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel.
- The department shall provide these records in a reasonable period of time prior to the shelter care hearing in order to allow an opportunity to review the records. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel. When the records are served on legal counsel, legal counsel shall have the opportunity to review the records with the parents and shall review the records with the parents prior to the shelter care hearing. RCW 74.14A.020; RCW 13.34.090
- A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. No child may be held longer than 72 hours, and the court shall hold a shelter care hearing within 72 hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care.
- 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 shall be with any related person described in RCW 74.15.020.
- The related person must be willing and available to care for the child and be able to meet any special needs of the child.
- If a child is not initially placed with a relative pursuant to this section, the supervising agency shall make an effort within available resources to place the child with a relative 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 pursuant to this section. Nothing within this subsection establishes an entitlement to services or a right to a particular placement.
- Case Conference Agreement Conditions
- Following shelter care and no later than twenty-five days prior to fact-finding, the department, upon the parents request or counsel for the parents request, shall facilitate a conference to develop and specify in a written service agreement the expectations of both the department and the parent regarding the care and placement of the child.
- The department shall invite to the conference the parent, counsel for the parent, the foster parent or other out-of-home care provider, caseworker, guardian ad litem, counselor, or other relevant health care provider, and any other person connected to the development and well-being of the child. RCW 74.14A.020; RCW 13.34
- All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence. RCW 74.14A.020; RCW 13.34.062
- In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. RCW 74.14A.020; RCW 13.34.060
- The court shall hear evidence regarding notice given to, and efforts made to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall hear evidence regarding the efforts made to place the child with a relative. RCW 74.14A.020; RCW 13.34.062
- The department shall submit a recommendation to the court as to the further need for shelter care unless otherwise ordered by the court. The parent(s) may request that a multi-disciplinary team, family group conference, prognostic staffing or case conference be convened for the childs case. Participation may include the parent and counsel. RCW 74.14A.020; RCW 13.34.062
- If the court does not release the child to his or her parent, guardian, or legal custodian, and the child was initially placed with a relative pursuant to RCW 13.34.060, the court shall order continued placement with a relative, unless there is reasonable cause to believe the safety or welfare of the child would be jeopardized.
- If the child was not initially placed with a relative, and the court does not release the child to his or her parent, guardian, or legal custodian, the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060.
- If a relative is not available, the court shall order continued shelter care or order placement with another suitable person and shall set forth its reasons for the order.
- If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090. RCW 74.14A.020; RCW 13.34.062
- No child may be detained longer than 30 days without an order, signed by a judge, authorizing continued shelter care. RCW 74.14A.020; RCW 13.34.062
- The return home of a child for a second time initiates one or both of the following processes:
- If a child is returned home from shelter care a second time in the case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
- If a child is returned home from shelter care a second time in the case a law enforcement officer must be present and file a report to the department.
- The fact-finding hearing on the petition shall be held no later than 75 days after the filing of the petition, unless exceptional reasons for a continuance are found. The rules of evidence shall apply at the fact-finding hearing and the parent, guardian, or legal custodian of the child shall have all of the rights provided in RCW 13.34.090 (1). The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances exist. RCW 74.14A.020; RCW 13.34.070
- Unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or efforts to reunite the parent and child would be hindered, the court shall direct the department to notify those adult persons who:
- Are related by blood or marriage to the child in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, or aunt.
- Are known to the department as having been in contact with the family or child within the past 12 months; and
- Would be an appropriate placement for the child.
Reasonable cause to dispense with notification to a parent under this
section must be proved by clear, cogent, and convincing evidence.
RCW 74.14A.020; RCW 13.34.110
- Stipulation Agreements-No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination except as otherwise admissible under the rules of evidence. RCW 74.14A.020; RCW 13.34.110
- The parent, guardian, or legal custodian of the child may waive his or her right to a fact-finding hearing by stipulating or agreeing to the entry of an order of dependency establishing that the child is dependent within the meaning of RCW 13.34.030. The parent, guardian, or legal custodian may also stipulate or agree to an order of disposition pursuant to RCW 13.34.130 at the same time.
- Any stipulated or agreed order of dependency or disposition must be signed by the parent, guardian, or legal custodian and his or her attorney, unless the parent, guardian, or legal custodian has waived his or her right to an attorney in open court, and by the petitioner and the attorney, guardian ad litem, or court-appointed special advocate for the child, if any.
- If the Department of Social and Health Services is not the petitioner and is required by the order to supervise the placement of the child or provide services to any party, the department must also agree to and sign the order.
- Entry of any stipulated or agreed order of dependency or disposition is subject to approval by the court. The court shall receive and review a social study before entering a stipulated or agreed order and shall consider whether the order is consistent with the allegations of the dependency petition and the problems that necessitated the childs placement in out-of-home care. No social file or social study may be considered by the court in connection with the fact-finding hearing or prior to factual determination, except as otherwise admissible under the rules of evidence.
- Prior to the entry of any stipulated or agreed order of dependency, the parent, guardian, or legal custodian of the child and his or her attorney must appear before the court and the court within available resources must inquire and establish on the record that:
- The parent, guardian, or legal custodian understands the terms of the order or orders he or she has signed, including his or her responsibility to participate in remedial services as provided in any disposition order;
- The parent, guardian or legal custodian understands that entry of the order starts a process that could result in the filing of a petition to terminate his or her relationship with the child with the time frames required by state and federal law if he or she fails to comply with the terms of the dependency or disposition orders or fails to substantially remedy the problems that necessitated the childs placement in out-of-home care;
- The parent, guardian, or legal custodian understands that the entry of the stipulated or agreed order of dependency is an admission that the child is dependent within the meaning of RCW 13.34.030 and shall have the same legal effect as a finding by the court that the child is dependent by at least a preponderance of the evidence, and that the parent, guardian, or legal custodian shall not have the right in any subsequent proceeding for termination of parental rights or dependency guardianship pursuant to this chapter or nonparental custody pursuant to chapter 26.10 RCW to challenge or dispute the fact that the child was found to be dependent; and
- The parent, guardian, or legal custodian knowingly and willingly stipulated and agreed to and signed the order or orders, without duress, and without misrepresentation or fraud by any other party.
- If a parent, guardian, or legal custodian fails to appear before the court after stipulating or agreeing to entry of an order of dependency, the court may enter the order upon a finding that the parent, guardian, or legal custodian had notice of the right to appear before the court and chose not to do so. The court may require other parties to the order, including the attorney for the parent, guardian, or legal custodian, to appear and advise the court of the parents, guardians, or legal custodians notice of the right to appear and understanding of the factors specified in this subsection. A parent, guardian, or legal custodian may choose to waive his or her presence at the in-court-hearing for entry of the stipulated or agreed order of dependency by submitting to the court through counsel a completed stipulated or agreed dependency fact-finding/disposition statement in a form determined by the Washington State Supreme Court pursuant to General Rule GR 9. RCW 74.14A.020; RCW 13.34.110
- Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court. RCW 74.14A.020; RCW 13.34.115
- Service of summons may be made under the direction of the court by any person 18 years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or DSHS employee. RCW 74.14A.020; RCW 13.34.070
- To aid the court in its decision on disposition, a social study shall be made by the person or agency filing the petition. A parent may submit a counselors or health care providers evaluation of the parent, which shall be included in the social study or considered in conjunction with the social study. See Appendix A for the definition of social study. RCW 74.14A.020; RCW 13.34.120
- At least 10 working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan. RCW 74.14A.020; RCW 13.34.120
- It is the responsibility of the parents, guardians, or legal custodians to ensure that children within the custody of such individuals attend school as provided for by law. To this end, while a parent's failure to cause a child to attend school should not alone provide a basis for a neglect petition against the parent or guardian, when a neglect petition is filed on the basis of other evidence, a parent or guardian's failure to take reasonable steps to ensure that the child attends school may be relevant to the question of the appropriate disposition of a neglect petition. RCW 74.14A.020; RCW 13.34.300
After consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held, the court shall order one of the following dispositions of the case:
- Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services including housing assistance that least interferes with family autonomy, provided that the services are adequate to protect the child.
- Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the Department of Social and Health Services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to Chapter 74.15 RCW, or in a home not required to be licensed pursuant to Chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that effort to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020 and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court.
- 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 that have been provided to the child and the child's parent, guardian, or legal custodians, and that preventive services have been offered or provided and 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, and that:
- There is no parent or guardian available to care for such child.
- The parent, guardian, or legal custodian is not capable of taking custody of the child.
- The court finds, by clear and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger. RCW 74.14A.020; RCW 13.34.130
- The extent of the child's disability is such that the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home. RCW 74.14A.020; RCW 13.34.270
- Voluntary Adoption Plan
- In those cases where an alleged father, birth parent, or parent has indicated his or her intention to make a voluntary adoption plan (VAP) for the child and has agreed to the termination of his or her parental rights, the department shall follow the wishes of the alleged father, birth parent, or parent regarding the proposed adoptive placement of the child, if the court determines that:
- This adoption is in the best interest of the child; and
- The prospective adoptive parents chosen by the alleged father, birth parent, or parent are properly qualified to adopt in compliance with the standards in chapter 13.34 RCW and chapter 26.33 RCW.
- If the Attorney Generals office or the prosecuting attorney, as applicable, has filed a termination petition at the departments request, an alleged fathers, birth parents, or parents preferences regarding the proposed adoptive placement of the child shall be given consideration. RCW 74.14A.020; RCW 13.34.125
- Whenever the department places a child with a developmental disability in out-of-home care pursuant to RCW 74.13.350, the department shall obtain a judicial determination within 180 days of the placement that continued placement is in the best interests of the child. If the childs out-of-home placement ends before 180 days have elapsed, no judicial determination is required. RCW 74.14A.020; RCW 13.34.270
- To obtain the judicial determination, the department shall file a petition alleging that there is located or residing within the county a child who has a developmental disability and that the child has been placed in out-of-home care pursuant to RCW 74.13.350.
- The petition shall request that the court review the childs placement, make a determination whether continued placement is in the best interests of the child, and take other necessary action as provided in RCW 13.34.270.
- The petition shall contain the name, date of birth, and residence of the child and the names and residences of the childs parent or legal guardian who has agreed to the childs placement in out-of-home care.
- The department shall make reasonable attempts to ascertain and set forth in the petition the identity, location, and custodial status of any parent who is not a party to the placement agreement and why that parent cannot assume custody of the child. RCW 74.14A.020; RCW 13.34.270
- The department shall provide notification of the time, date, and purpose of the hearing to the parent or legal guardian who has agreed to the childs placement in out-of-home care. The department shall also make reasonable attempts to notify any parent who is not a party to the placement agreement, if the parents identity and location is known. Notification under this paragraph may be given by the most expedient means, including, but not limited to, mail, personal service, and telephone. RCW 74.14A.020; RCW 13.34.270
It is a statement of legislative intent and a goal to encourage, within the limits of available funds, the adoption of hard-to-place children and to reduce the number of children who must be placed in or remain in foster homes or institutions until they become adults. It is also a goal to try, through the Adoption Support Program, to reduce the total cost to the state of foster home and institutional care. RCW 74.14A.020; RCW 74.13.100
The department and private adoption agencies and entities shall make reasonable efforts to locate records and information concerning the childs mental, physical, and sensory handicaps. The entities providing the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the childs present or future health. RCW 74.14A.020; RCW 26.33.350
Following reasonable efforts to locate the information, a family background and child and family social history report with a chronological history of the circumstances surrounding the adoptive placement and any psychiatric, psychological, court, or school reports which are available excluding the identity of the birth parents of the child. Reports or information provided to the prospective adopting parent shall not reveal the identity of the birth parents of the child but shall include reasonably available non-identifying information. The DSHS form used for this report is the DSHS 13-041(X). RCW 74.14A.020; RCW 26.33.380
- Department and agency files regarding an adoption shall be confidential except the department or agency may disclose non-identifying information upon the receipt of a verified written request for the information from the adoptive parent, the adoptee, or the birth parent. RCW 74.14A.020; RCW 26.33.340
- The placing agency providing reports or information on the adoptive child to the prospective or actual adoptive parents shall not reveal the identity of the birth parents of the child. RCW 74.14A.020; RCW 26.33.380
- All records of any proceeding under the Adoption chapter, RCW 26.33, shall be sealed and shall not be open to inspection by any person except upon order of the court for good cause shown, or except by using the procedure to search for birth parent or adopted child described in RCW 26.33.34 RCW 74.14A.020; RCW 26.33.330
See chapter 8000, section 8330, regarding the requirement for provision of
a medical/family and social history report to prospective adoptive parents.
Department staff must disclose to adoptive parents when a child being placed for adoption is receiving mental health services, is prescribed psychotropic medication, has a sexually transmitted disease, and/or is HIV positive. With respect to disclosure of HIV antibody test or testing or treatment of sexually transmitted diseases, the department shall comply with the following requirements:
- The following persons may receive such information: A department worker, a child placing agency worker, or a guardian ad litem who is responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a child who is less than 14 years of age, has a sexually transmitted disease, and is in the custody of the department or a licensed child placing agency; this information may also be received by a person responsible for providing residential care for such a child when the department or a licensed child placing agency determines that it is necessary for the provision of child care services. RCW 74.14A.020; RCW 70.24.105
- For youth age 14 and above, before disclosing information regarding sexually transmitted disease testing and treatment to prospective adoptive placement resources, the department social worker shall obtain a signed consent to release the information from the otherwise competent youth or a court order. RCW 74.14A.020; RCW 70.24.105
- Whenever disclosure is made, except with the signed consent of the youth age 14 and older, the disclosure shall be accompanied by a statement in writing which includes the following or substantially similar language:
“This information has been disclosed to you from records whose
confidentiality is protected by state law. State law prohibits you
from making any further disclosure of it without the specific written
consent of the person to whom it pertains, or as otherwise
permitted by law. A general authorization for the release of
medical or other information is NOT sufficient for this purpose.”
- An oral disclosure shall be accompanied or followed by such a notice within 10 days. RCW 74.14A.020; RCW 70.24.105
- The form Disclosure of Confidential HIV/AIDS Information, DSHS 09-837, is used for purpose of such disclosure.
- Except as otherwise provided in RCW 26.33.170, consent to an adoption shall be required of the following if applicable:
- Children 14 years of age or older;
- The parents and any alleged father of an adoptee under 18 years of age;
- An agency or the department to whom the adoptee has been relinquished pursuant to RCW 26.33.080; and
- The legal guardian of the adoptee.
- In cases where the termination is on appeal CA must not sign or forward a Consent to Adoption to an adoptive parent's attorney. Contact the Assistant Attorney General (AAG) handling the termination appeal to initiate the notice to the parties about the intent to consent to adoption.
- Except for Indian children, consent to adoption is revocable by the consenting party at any time before the consent is approved by the court. See the CA Indian Child Welfare Manual for procedures regarding Indian children. RCW 74.14A.020; RCW 26.33.160
- An agencys, the departments, or a legal guardians consent to adoption may be dispensed with if the court determines by clear, cogent, and convincing evidence that the proposed adoption is in the best interests of the adoptee. RCW 74.14A.020; RCW 26.33.170
- An alleged fathers, birth parents, or parents consent to adoption may be dispensed with if the court finds that the proposed adoption is in the best interests of the adoptee and:
- The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the victim of the rape or incest; or
- The alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the other parent of the adoptee was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest.
- Nothing in this section shall be construed to eliminate the notice provisions of chapter 26.33 RCW. RCW 74.14A.020; RCW 26.33.170
The department shall provide written adoption-related information and referral services for families who completed their adoption through the department. Information provided shall include, but is not limited to adoption support, family reconciliation services, archived records, mental health, and developmental disabilities. RCW 74.14A.020; RCW 26.33.390