Revised Code of Washington
Chapter 13.34 - Juvenile Court Act—Dependency and Termination of Parent-Child Relationship.
13.34.060 - Shelter care—Placement—Custody—Duties of parties.

RCW 13.34.060
Shelter care—Placement—Custody—Duties of parties. (Effective until July 1, 2023.)

(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. 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.
(2) 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, pending a court hearing, shall be with any person described in RCW 74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any special needs of the child and the court must find that such placement is in the best interests of the child. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the *supervising agency's plan or is ordered by the court. If a child is not initially placed with a relative or other suitable person requested by the parent pursuant to this section, the *supervising agency shall make an effort within available resources to place the child with a relative or other suitable person requested by the parent 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 or other suitable person requested by the parent pursuant to this section. Nothing within this subsection (2) establishes an entitlement to services or a right to a particular placement.
(3) Whenever a child is taken into custody pursuant to this section, the *supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care.

[ 2007 c 413 § 3; 2002 c 52 § 4; 2000 c 122 § 4; 1999 c 17 § 2; 1998 c 328 § 2; 1990 c 246 § 1; 1987 c 524 § 4. Prior: 1984 c 188 § 3; 1984 c 95 § 5; 1983 c 246 § 1; 1982 c 129 § 5; 1979 c 155 § 39; 1977 ex.s. c 291 § 34.]
NOTES:

*Reviser's note: The definition for "supervising agency" for chapter 13.34 RCW was deleted by 2018 c 284 § 3.


Severability—2007 c 413: See note following RCW 13.34.215.


Intent—2002 c 52: See note following RCW 13.34.025.


Finding—1999 c 17: "The legislature has found that any intervention into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development. The legislature now also finds that children who cannot be with their parents, guardians, or legal custodians are best cared for, whenever possible and appropriate by family members with whom they have a relationship. This is particularly important when a child cannot be in the care of a parent, guardian, or legal custodian as a result of a court intervention." [ 1999 c 17 § 1.]


Severability—1990 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 246 § 11.]


Severability—1984 c 95: See note following RCW 9A.40.060.


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.


(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays, and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. 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.
(2) Unless there is reasonable cause based on specific evidence 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, pending a court hearing, shall be with any person described in RCW 74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any special needs of the child and the court must complete the inquiry required under RCW 13.34.065 to establish whether continued placement with the relative is appropriate. The person must be willing to facilitate the child's visitation with siblings, if such visitation is part of the department's plan or is ordered by the court. If a child is not initially placed with a relative or other suitable person requested by the parent pursuant to this section, the department shall make continuing efforts to place the child with a relative or other suitable person requested by the parent on the next business day after the child is taken into custody. The department shall document its effort to place the child with a relative or other suitable person requested by the parent pursuant to this section. Nothing within this subsection (2) establishes an entitlement to services or a right to a particular placement.
(3) Whenever a child is taken into custody pursuant to this section, the department may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care, after informing the child's parent, guardian, or legal custodian, unless the parent, guardian, or legal custodian cannot be reached. The child's parent, guardian, or legal custodian must be provided the opportunity to attend any appointments authorized under this subsection, unless prohibited by court order.

[ 2021 c 211 § 8; 2007 c 413 § 3; 2002 c 52 § 4; 2000 c 122 § 4; 1999 c 17 § 2; 1998 c 328 § 2; 1990 c 246 § 1; 1987 c 524 § 4. Prior: 1984 c 188 § 3; 1984 c 95 § 5; 1983 c 246 § 1; 1982 c 129 § 5; 1979 c 155 § 39; 1977 ex.s. c 291 § 34.]
NOTES:

Effective date—Short title—Finding—Intent—2021 c 211: See notes following RCW 13.34.040.


Severability—2007 c 413: See note following RCW 13.34.215.


Intent—2002 c 52: See note following RCW 13.34.025.


Finding—1999 c 17: "The legislature has found that any intervention into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development. The legislature now also finds that children who cannot be with their parents, guardians, or legal custodians are best cared for, whenever possible and appropriate by family members with whom they have a relationship. This is particularly important when a child cannot be in the care of a parent, guardian, or legal custodian as a result of a court intervention." [ 1999 c 17 § 1.]


Severability—1990 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 246 § 11.]


Severability—1984 c 95: See note following RCW 9A.40.060.


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.

Structure Revised Code of Washington

Revised Code of Washington

Title 13 - Juvenile Courts and Juvenile Offenders

Chapter 13.34 - Juvenile Court Act—Dependency and Termination of Parent-Child Relationship.

13.34.010 - Short title.

13.34.020 - Legislative declaration of family unit as resource to be nurtured—Rights of child.

13.34.025 - Child dependency cases—Coordination of services—Remedial services.

13.34.030 - Definitions.

13.34.035 - Standard court forms—Rules—Administrative office of the courts to develop and establish—Failure to use or follow—Distribution.

13.34.040 - Petition to court to deal with dependent child—Application of federal Indian child welfare act.

13.34.045 - Educational liaison—Identification.

13.34.046 - Educational liaison—Responsibilities—Background checks.

13.34.050 - Court order to take child into custody, when—Hearing.

13.34.055 - Custody by law enforcement officer—Release from liability.

13.34.060 - Shelter care—Placement—Custody—Duties of parties.

13.34.062 - Shelter care—Notice of custody and rights.

13.34.065 - Shelter care—Hearing—Recommendation as to further need—Release.

13.34.067 - Shelter care—Case conference—Service agreement.

13.34.069 - Shelter care—Order and authorization of health care and education records.

13.34.070 - Summons when petition filed—Service procedure—Hearing, when—Contempt upon failure to appear—Required notice regarding Indian children.

13.34.080 - Summons when petition filed—Publication of notice.

13.34.090 - Rights under chapter proceedings.

13.34.092 - Rights under chapter proceedings—Appointment of counsel—Notice.

13.34.094 - Description of services provided to parents.

13.34.096 - Right to be heard—Notice.

13.34.100 - Appointment of guardian ad litem—Background information—Rights—Notification and inquiry—Review and removal.

13.34.102 - Guardian ad litem—Training—Registry—Selection—Substitution—Exception.

13.34.105 - Guardian ad litem—Duties—Immunity—Access to information.

13.34.107 - Guardian ad litem—Ex parte communications—Removal.

13.34.108 - Guardian ad litem—Fees.

13.34.110 - Hearings—Fact-finding and disposition—Time and place, notice.

13.34.115 - Hearings—Public excluded when in the best interests of the child—Notes and records—Video recordings.

13.34.120 - Social study and reports made available at disposition hearing—Contents—Notice to parents.

13.34.125 - Voluntary adoption plan—Consideration of preferences for proposed placement.

13.34.130 - Order of disposition for a dependent child, alternatives—Petition seeking termination of parent-child relationship—Placement with relatives, foster family home, group care facility, qualified residential treatment program, or other suitab...

13.34.132 - Petition seeking termination of parent-child relationship—Requirements.

13.34.134 - Permanent placement of child.

13.34.136 - Permanency plan of care.

13.34.138 - Review hearings—Findings—Duties of parties involved—In-home placement requirements—Housing assistance.

13.34.141 - Entry, order of disposition—Parent, guardian, or custodian of child to engage in services and maintain contact with child—Notice.

13.34.142 - Current placement episode—Calculation.

13.34.145 - Permanency planning hearing—Purpose—Time limits—Goals—Review hearing—Petition for termination of parental rights—Guardianship petition—Agency responsibility to provide services to parents—Due process rights.

13.34.147 - Case review panel—Creation—Duties.

13.34.150 - Modification of orders.

13.34.155 - Concurrent jurisdiction over nonparental actions for child custody—Establishment or modification of parenting plan.

13.34.160 - Order of support for dependent child.

13.34.161 - Order of support for dependent child—Noncompliance—Enforcement of judgment.

13.34.165 - Civil contempt—Grounds—Motion—Penalty—Detention review hearing.

13.34.174 - Order of alcohol or substance abuse diagnostic investigation and evaluation—Treatment plan—Breach of plan—Reports.

13.34.176 - Violation of alcohol or substance abuse treatment conditions—Hearing—Notice—Modification of order.

13.34.180 - Order terminating parent and child relationship—Petition—Filing—Allegations.

13.34.190 - Order terminating parent and child relationship—Findings.

13.34.200 - Order terminating parent and child relationship—Rights of parties when granted.

13.34.210 - Order terminating parent and child relationship—Custody where no one has parental rights.

13.34.212 - Court-appointed attorney for a child in a dependency proceeding.

13.34.215 - Petition reinstating terminated parental rights—Notice—Achievement of permanency plan—Effect of granting the petition—Hearing—Child support liability—Retroactive application—Limitation on liability.

13.34.232 - Guardianship for dependent child—Order, contents—Rights and duties of dependency guardian.

13.34.233 - Guardianship for dependent child—Modification or termination of order—Hearing—Termination of guardianship.

13.34.234 - Guardianship for dependent child—Dependency guardianship subsidies.

13.34.235 - Guardianship for dependent child—Review hearing requirements not applicable—Exception.

13.34.237 - Guardianship for dependent child—Subject to dependency and termination of parent-child relationship provisions—Exceptions—Request to convert dependency guardianship to guardianship—Dismissal of dependency.

13.34.240 - Acts, records, and proceedings of Indian tribe or band given full faith and credit.

13.34.245 - Voluntary consent to foster care placement for Indian child—Validation—Withdrawal of consent—Termination.

13.34.260 - Foster home placement—Parental preferences—Foster parent contact with birth parents encouraged.

13.34.265 - Foster home placement—Considerations.

13.34.267 - Extended foster care services—Maintenance of dependency proceeding—Placement, care of youth—Appointment of counsel—Case plan.

13.34.268 - Extended foster care services—Voluntary placement agreement—Decline—Petition for dependency.

13.34.270 - Child with developmental disability—Out-of-home placement—Permanency planning hearing.

13.34.300 - Relevance of failure to cause juvenile to attend school to neglect petition.

13.34.315 - Health care—Evaluation and treatment.

13.34.320 - Inpatient mental health treatment—When parental consent required—Hearing.

13.34.330 - Inpatient mental health treatment—Placement.

13.34.340 - Release of records—Disclosure to treating physician.

13.34.350 - Dependent children—Information sharing—Guidelines.

13.34.360 - Transfer of newborn to qualified person—Criminal liability—Notification to child protective services—Definitions.

13.34.370 - Evaluation of parties—Selection of evaluators.

13.34.380 - Visitation policies and protocols—Development—Elements.

13.34.385 - Petition for visitation—Relatives of dependent children—Notice—Modification of order—Effect of granting the petition—Retroactive application.

13.34.390 - Comprehensive services for drug-affected and alcohol-affected mothers and infants.

13.34.400 - Child welfare proceedings—Placement—Documentation.

13.34.410 - Psychosexual evaluation.

13.34.420 - Qualified residential treatment program—Requirements.

13.34.425 - Qualified residential treatment program—Placement—Hearing.

13.34.430 - Social study—Required information.

13.34.435 - Washington state center for court research—Attorney-client privilege.

13.34.440 - Federal waivers.

13.34.800 - Drug-affected and alcohol-affected infants—Model project.

13.34.801 - Rules—Definition of "drug-affected infant."

13.34.802 - Rules—Definition of "alcohol-affected infant."

13.34.820 - Permanency for dependent children—Annual report.

13.34.830 - Child protection and child welfare—Racial disproportionality—Evaluation—Report.

13.34.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

13.34.901 - Construction—Prevention services.