43081. Dependency Petition Process - RCW 13.34.030 through 13.34.

  1. The caseworker files a dependency petition when it is clear that child safety cannot be managed or controlled in the home and if the parents refuse or are unwilling to immediately make changes adequate to protect the child, or after reasonable efforts have not increased the parent's protective capacities.
  2. The Office of the Attorney General or its designee represents the Department in dependency matters and presents the evidence supporting Department petitions alleging dependency or seeking the termination of a parent and child relationship. In Class 1-9 counties the Attorney General may contract with the prosecuting attorney of the county to perform duties of the Attorney General.
  3. If a child is alleged to be dependent and if a child's health, safety, and welfare will be seriously endangered if he/she is not taken into custody, a service worker must file a petition and request a court order that the child be taken into custody. If the court enters such an order, the court may direct a law enforcement officer, a probation counselor, or a CPS official to take the child into custody. RCW 13.34.050
  4. The caseworker is required to testify at the first shelter care hearing as to notice given to the parents.
  5. The caseworker must refer to Indian Child Welfare (ICW) policies and procedures when working with Indian children who are a member or may be eligible for membership within a federally recognized tribe.