RCW 13.34.062
Shelter care -- Notice of custody and rights.(1)(a) Whenever a child is taken into custody by child protective
services pursuant to a court order issued under RCW 13.34.050 or
when child protective services is notified that a child has been
taken into custody pursuant to RCW 26.44.050 or 26.44.056, child
protective services shall make reasonable efforts to inform the
parent, 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 under this title, including
the right to a shelter care hearing, as soon as possible. Notice
must be provided in an understandable manner and take into
consideration the parent's, guardian's, or legal custodian's
primary language, level of education, and cultural issues.
(b) In no event shall the notice required by this section be
provided to the parent, guardian, or legal custodian more than
twenty-four hours after the child has been taken into custody or
twenty-four hours after child protective services has been
notified that the child has been taken into custody.
(2)(a) 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.
(b) The written notice of custody and rights required by
this section shall be in substantially the following form:
"NOTICE
Your child has been placed in temporary custody under the
supervision of Child Protective Services (or other person or
agency). You have important legal rights and you must take steps
to protect your interests.
1. A court hearing will be held before a judge within 72
hours of the time your child is taken into custody excluding
Saturdays, Sundays, and holidays. You should call the court at
(insert appropriate phone number here) for specific
information about the date, time, and location of the court
hearing.
2. You have the right to have a lawyer represent you at the
hearing. Your right to representation continues after the
shelter care hearing. You have the right to records the
department intends to rely upon. A lawyer can look at the files
in your case, talk to child protective services and other
agencies, tell you about the law, help you understand your
rights, and help you at hearings. If you cannot afford a lawyer,
the court will appoint one to represent you. To get a
court-appointed lawyer you must contact: (explain local
procedure) .
3. At the hearing, you have the right to speak on your own
behalf, to introduce evidence, to examine witnesses, and to
receive a decision based solely on the evidence presented to the
judge.
4. If your hearing occurs before a court commissioner, you
have the right to have the decision of the court commissioner
reviewed by a superior court judge. To obtain that review, you
must, within ten days after the entry of the decision of the
court commissioner, file with the court a motion for revision of
the decision, as provided in RCW 2.24.050.
You should be present at any shelter care hearing. If you
do not come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for
more information about your child. The caseworker's name and
telephone number are: (insert name and telephone number) .
5. You have a right to a case conference to develop a
written service agreement following the shelter care hearing.
The service agreement may not conflict with the court's order of
shelter care. You may request that a multidisciplinary team,
family group conference, or prognostic staffing be convened for
your child's case. You may participate in these processes with
your counsel present.
6. If your child is placed in the custody of the department
of social and health services or other supervising agency,
immediately following the shelter care hearing, the court will
enter an order granting the department or other supervising
agency the right to inspect and copy all health, medical, mental
health, and education records of the child, directing health care
providers to release such information without your further
consent, and granting the department or supervising agency or its
designee the authority and responsibility, where applicable, to:
(1) Notify the child's school that the child is in
out-of-home placement;
(2) Enroll the child in school;
(3) Request the school transfer records;
(4) Request and authorize evaluation of special needs;
(5) Attend parent or teacher conferences;
(6) Excuse absences;
(7) Grant permission for extracurricular activities;
(8) Authorize medications which need to be administered
during school hours and sign for medical needs that arise during
school hours; and
(9) Complete or update school emergency records.
7. If the court decides to place your child in the custody
of the department of social and health services or other
supervising agency, the department or agency will create a
permanency plan for your child, including a primary placement
goal and secondary placement goal. The department or agency also
will recommend that the court order services for your child and
for you, if needed. The department or agency is required to make
reasonable efforts to provide you with services to address your
parenting problems, and to provide you with visitation with your
child according to court orders. Failure to promptly engage in
services or to maintain contact with your child may lead to the
filing of a petition to terminate your parental rights.
8. Primary and secondary permanency plans are intended to
run at the same time so that your child will have a permanent
home as quickly as possible. Absent good cause, and when
appropriate, the department or other supervising agency must
follow the wishes of a natural parent regarding placement of a
child. You should tell your lawyer and the court where you wish
your child placed immediately, including whether you want your
child placed with you, with a relative, or with another suitable
person. You also should tell your lawyer and the court what
services you feel are necessary and your wishes regarding
visitation with your child. Even if you want another parent or
person to be the primary placement choice for your child, you
should tell your lawyer, the department or other supervising
agency, and the court if you want to be a secondary placement
option, and you should comply with court orders for services and
participate in visitation with your child. Early and consistent
involvement in your child's case plan is important for the
well-being of your child.
9. A dependency petition begins a judicial process, which,
if the court finds your child dependent, could result in
substantial restrictions including, the entry or modification of
a parenting plan or residential schedule, nonparental custody
order or decree, guardianship order, or permanent loss of your
parental rights."
Upon receipt of the written notice, the parent, guardian, or
legal custodian shall acknowledge such notice by signing a
receipt prepared by child protective services. If the parent,
guardian, or legal custodian does not sign the receipt, the
reason for lack of a signature shall be written on the receipt.
The receipt shall be made a part of the court's file in the
dependency action.
If after making reasonable efforts to provide notification,
child protective services is unable to determine the whereabouts
of the parents, guardian, or legal custodian, the notice shall be
delivered or sent to the last known address of the parent,
guardian, or legal custodian.
(3) If child protective services is not required to give
notice under this section, 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.
(4) Reasonable efforts to advise and to give notice, as
required in 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 the parent, guardian, or legal custodian does not appear at
the shelter care hearing, the petitioner shall testify at the
hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and
to advise, the parent, guardian, or custodian; and
(b) 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.[2009 c 477 §
2. Prior: 2007 c 413 § 4; 2007 c 409 § 5; 2004 c 147 § 2; 2001
c 332 § 2; 2000 c 122 § 5.]
NOTES:
Findings -- Intent -- 2009 c 477: "The legislature finds that
when children have been found dependent and placed in out-of-home
care, the likelihood of reunification with their parents
diminishes significantly after fifteen months. The legislature
also finds that early and consistent parental engagement in
services and participation in appropriate parent-child contact
and visitation increases the likelihood of successful
reunifications. The legislature intends to promote greater
awareness among parents in dependency cases of the importance of
active participation in services, visitation, and case planning
for the child, and the risks created by failure to participate in
their child's case over the long term." [2009 c 477 § 1.]
Severability -- 2007 c 413: See note following RCW 13.34.215.
Effective date -- 2007 c 409: See note following RCW 13.34.096.
Effective date -- 2004 c 147: See note following RCW 13.34.067.