If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence
that the child is dependent within the meaning of RCW 13.34.030
after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant
to RCW 13.34.110, the court shall enter an order of disposition
pursuant to this section.
(1) The court shall order one of the following dispositions
of the case:
(a) 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
determining the disposition, the court should choose those
services, including housing assistance, that least interfere with
family autonomy and are adequate to protect the child.
(b) Order the child to be removed from his or her home and
into the custody, control, and care of a relative or the
department or a licensed child placing agency for supervision of
the child's placement. The department or agency supervising the
child's placement has the authority to place the child, subject
to review and approval by the court (i) with a relative as
defined in RCW 74.15.020(2)(a), (ii) in a foster family home or
group care facility licensed pursuant to chapter 74.15 RCW, or
(iii) in the home of another 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. Absent good cause, the department or supervising agency
shall follow the wishes of the natural parent regarding the
placement of the child in accordance with RCW 13.34.260. The
department or supervising agency may only place a child with a
person not related to the child as defined in RCW 74.15.020(2)(a)
when the court finds that such placement is in the best interest
of the child. Unless 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,
such child shall be placed with a person who is: (A) Related to
the child as defined in RCW 74.15.020(2)(a) with whom the child
has a relationship and is comfortable; and (B) willing and
available to care for the child.
(2) Placement of the child with a relative under this
subsection shall be given preference by the court. 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
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 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:
(a) There is no parent or guardian available to care for
such child;
(b) The parent, guardian, or legal custodian is not willing
to take custody of the child; or
(c) The court finds, by clear, cogent, 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.
(3) If the court has ordered a child removed from his or her
home pursuant to subsection (1)(b) of this section, 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.
(a) There shall be a presumption that such placement,
contact, or visits are in the best interests of the child
provided that:
(i) The court has jurisdiction over all siblings subject to
the order of placement, contact, or visitation pursuant to
petitions filed under this chapter or the parents of a child for
whom there is no jurisdiction are willing to agree; and
(ii) There is no reasonable cause to believe that the
health, safety, or welfare of any child subject to the order of
placement, contact, or visitation would be jeopardized or that
efforts to reunite the parent and child would be hindered by such
placement, contact, or visitation. In no event shall parental
visitation time be reduced in order to provide sibling
visitation.
(b) The court may also order placement, contact, or
visitation of a child with a step-brother or step-sister provided
that in addition to the factors in (a) of this subsection, the
child has a relationship and is comfortable with the
step-sibling.
(4) If the court has ordered a child removed from his or her
home pursuant to subsection (1)(b) of this section and placed
into nonparental or nonrelative care, the court shall order a
placement that allows the child to remain in the same school he
or she attended prior to the initiation of the dependency
proceeding when such a placement is practical and in the child's
best interest.
(5) If the court has ordered a child removed from his or her
home pursuant to subsection (1)(b) of this section, the court may
order that a petition seeking termination of the parent and child
relationship be filed if the requirements of RCW 13.34.132 are
met.
(6) If there is insufficient information at the time of the
disposition hearing upon which to base a determination regarding
the suitability of a proposed placement with a relative, the
child shall remain in foster care and the court shall direct the
supervising agency to conduct necessary background investigations
as provided in chapter 74.15 RCW and report the results of such
investigation to the court within thirty days. However, if such
relative 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, pursuant to this
section, shall be contingent upon cooperation by the relative
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.
Noncompliance with the case plan or court order shall be grounds
for removal of the child from the relative's home, subject to
review by the court.
[2007 c 413 § 6; 2007 c 412 § 2; 2003 c 227 § 3; 2002 c 52 § 5; 2000 c 122 § 15. Prior: 1999 c 267 § 16; 1999 c 267 § 9; 1999 c 173 § 3; prior: 1998 c 314 § 2; 1998 c 130 § 2; 1997 c 280 § 1; prior: 1995 c 313 § 2; 1995 c 311 § 19; 1995 c 53 § 1; 1994 c 288 § 4; 1992 c 145 § 14; 1991 c 127 § 4; prior: 1990 c 284 § 32; 1990 c 246 § 5; 1989 1st ex.s. c 17 § 17; prior: 1988 c 194 § 1; 1988 c 190 § 2; 1988 c 189 § 2; 1984 c 188 § 4; prior: 1983 c 311 § 5; 1983 c 246 § 2; 1979 c 155 § 46; 1977 ex.s. c 291 § 41.]
NOTES:
Reviser's note: This section was amended by 2007 c 412 § 2 and by 2007 c 413 § 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability -- 2007 c 413: See note following RCW 13.34.215.
Intent -- 2003 c 227: "It is the intent of the legislature to recognize the importance of emotional ties formed by siblings with each other, especially in those circumstances which warrant court intervention into family relationships. It is the intent of the legislature to encourage the courts and public agencies which deal with families to acknowledge and give thoughtful consideration to the quality and nature of sibling relationships when intervening in family relationships. It is not the intent of the legislature to create legal obligations or responsibilities between siblings and other family members whether by blood or marriage, step families, foster families, or adopted families that do not already exist. Neither is it the intent of the legislature to mandate sibling placement, contact, or visitation if there is reasonable cause to believe that the health, safety, or welfare of a child or siblings would be jeopardized. Finally, it is not the intent of the legislature to manufacture or anticipate family relationships which do not exist at the time of the court intervention, or to disrupt already existing positive family relationships." [2003 c 227 § 1.]
Intent -- 2002 c 52: See note following RCW 13.34.025.
Findings -- Intent -- Severability -- 1999 c 267: See notes following RCW 43.20A.790.
Short title -- Purpose -- Entitlement not granted -- Federal waivers -- 1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Severability -- 1999 c 173: See note following RCW 13.34.125.
Finding -- Effective date -- 1990 c 284: See notes following RCW 74.13.250.
Severability -- 1990 c 246: See note following RCW 13.34.060.
Legislative finding -- 1983 c 311: See note following RCW 13.34.030.
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.