For purposes of this chapter:
(1) "Abandoned" means when the child's parent, guardian, or
other custodian has expressed, either by statement or conduct, an
intent to forego, for an extended period, parental rights or
responsibilities despite an ability to exercise such rights and
responsibilities. If the court finds that the petitioner has
exercised due diligence in attempting to locate the parent, no
contact between the child and the child's parent, guardian, or
other custodian for a period of three months creates a rebuttable
presumption of abandonment, even if there is no expressed intent
to abandon.
(2) "Child" and "juvenile" means any individual under the
age of eighteen years.
(3) "Current placement episode" means the period of time
that begins with the most recent date that the child was removed
from the home of the parent, guardian, or legal custodian for
purposes of placement in out-of-home care and continues until:
(a) The child returns home; (b) an adoption decree, a permanent
custody order, or guardianship order is entered; or (c) the
dependency is dismissed, whichever occurs first.
(4) "Dependency guardian" means the person, nonprofit
corporation, or Indian tribe appointed by the court pursuant to
this chapter for the limited purpose of assisting the court in
the supervision of the dependency.
(5) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44 RCW
by a person legally responsible for the care of the child; or
(c) Has no parent, guardian, or custodian capable of
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.
(6) "Developmental disability" means a disability
attributable to mental retardation, cerebral palsy, epilepsy,
autism, or another neurological or other condition of an
individual found by the secretary to be closely related to mental
retardation or to require treatment similar to that required for
individuals with mental retardation, which disability originates
before the individual attains age eighteen, which has continued
or can be expected to continue indefinitely, and which
constitutes a substantial handicap to the individual.
(7) "Guardian" means the person or agency that: (a) Has
been appointed as the guardian of a child in a legal proceeding
other than a proceeding under this chapter; and (b) has the legal
right to custody of the child pursuant to such appointment. The
term "guardian" shall not include a "dependency guardian"
appointed pursuant to a proceeding under this chapter.
(8) "Guardian ad litem" means a person, appointed by the
court to represent the best interests of a child in a proceeding
under this chapter, or in any matter which may be consolidated
with a proceeding under this chapter. A "court-appointed special
advocate" appointed by the court to be the guardian ad litem for
the child, or to perform substantially the same duties and
functions as a guardian ad litem, shall be deemed to be guardian
ad litem for all purposes and uses of this chapter.
(9) "Guardian ad litem program" means a court-authorized
volunteer program, which is or may be established by the superior
court of the county in which such proceeding is filed, to manage
all aspects of volunteer guardian ad litem representation for
children alleged or found to be dependent. Such management shall
include but is not limited to: Recruitment, screening, training,
supervision, assignment, and discharge of volunteers.
(10) "Indigent" means a person who, at any stage of a court
proceeding, is:
(a) Receiving one of the following types of public
assistance: Temporary assistance for needy families, general
assistance, poverty-related veterans' benefits, food stamps or
food stamp benefits transferred electronically, refugee
resettlement benefits, medicaid, or supplemental security income;
or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one hundred
twenty-five percent or less of the federally established poverty
level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(11) "Out-of-home care" means placement in a foster family
home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's
parent, guardian, or legal custodian, not required to be licensed
pursuant to chapter 74.15 RCW.
(12) "Preventive services" means preservation services, as
defined in chapter 74.14C RCW, and other reasonably available
services, including housing services, capable of preventing the
need for out-of-home placement while protecting the child.
Housing services may include, but are not limited to, referrals
to federal, state, local, or private agencies or organizations,
assistance with forms and applications, or financial subsidies
for housing.
(13) "Shelter care" means temporary physical care in a
facility licensed pursuant to RCW 74.15.030 or in a home not
required to be licensed pursuant to RCW 74.15.030.
(14) "Sibling" means a child's birth brother, birth sister,
adoptive brother, adoptive sister, half-brother, or half-sister,
or as defined by the law or custom of the Indian child's tribe
for an Indian child as defined in 25 U.S.C. Sec. 1903(4).
(15) "Social study" means a written evaluation of matters
relevant to the disposition of the case and shall contain the
following information:
(a) A statement of the specific harm or harms to the child
that intervention is designed to alleviate;
(b) A description of the specific services and activities,
for both the parents and child, that are needed in order to
prevent serious harm to the child; the reasons why such services
and activities are likely to be useful; the availability of any
proposed services; and the agency's overall plan for ensuring
that the services will be delivered. The description shall
identify the services chosen and approved by the parent;
(c) If removal is recommended, a full description of the
reasons why the child cannot be protected adequately in the home,
including a description of any previous efforts to work with the
parents and the child in the home; the in-home treatment programs
that have been considered and rejected; the preventive services
that 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 the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as
a result of removal;
(e) A description of the steps that will be taken to
minimize the harm to the child that may result if separation
occurs including an assessment of the child's relationship and
emotional bond with any siblings, and the agency's plan to
provide ongoing contact between the child and the child's
siblings if appropriate; and
(f) Behavior that will be expected before determination that
supervision of the family or placement is no longer necessary.
[2003 c 227 § 2; 2002 c 52 § 3; 2000 c 122 § 1; 1999 c 267 § 6; 1998 c 130 § 1; 1997 c 386 § 7; 1995 c 311 § 23; 1994 c 288 § 1; 1993 c 241 § 1; 1988 c 176 § 901; 1987 c 524 § 3; 1983 c 311 § 2; 1982 c 129 § 4; 1979 c 155 § 37; 1977 ex.s. c 291 § 31.]
NOTES:
Intent -- 2003 c 227: See note following RCW 13.34.130.
Intent -- 2002 c 52: See note following RCW 13.34.025.
Findings -- Intent -- Severability -- 1999 c 267: See notes following RCW 43.20A.790.
Conflict with federal requirements -- 1993 c 241: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [1993 c 241 § 5.]
Severability -- 1988 c 176: See RCW 71A.10.900.
Legislative finding -- 1983 c 311: "The legislature finds that in order for the state to receive federal funds for family foster care under Title IV-B and Title IV-E of the social security act, all children in family foster care must be subjected to periodic court review. Unfortunately, this includes children who are developmentally disabled and who are placed in family foster care solely because their parents have determined that the children's service needs require out-of-home placement. Except for providing such needed services, the parents of these children are completely competent to care for the children. The legislature intends by this act to minimize the embarrassment and inconvenience of developmentally disabled persons and their families caused by complying with these federal requirements." [1983 c 311 § 1.]
Severability -- 1982 c 129: See note following RCW 9A.04.080.
Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.
Effective dates -- Severability -- 1977 ex.s. c 291: See notes following RCW 13.04.005.