Revised Code of Washington
Chapter 13.34 - Juvenile Court Act—Dependency and Termination of Parent-Child Relationship.
13.34.096 - Right to be heard—Notice.

RCW 13.34.096
Right to be heard—Notice.

(1) The department shall provide the child's foster parents, preadoptive parents, or other caregivers with timely and adequate notice of their right to be heard prior to each proceeding held with respect to the child in juvenile court under this chapter. For purposes of this section, "timely and adequate notice" means notice at the time the department would be required to give notice to parties to the case and by any means reasonably certain of notifying the foster parents, preadoptive parents, or other caregivers, including but not limited to written, telephone, or in person oral notification. For emergency hearings, the department shall give notice to foster parents, preadoptive parents, or other caregivers as soon as is practicable. For six-month review and annual permanency hearings, the department shall give notice to foster parents upon placement or as soon as practicable.
(2) The court shall establish and include in the court record after every hearing for which the department is required to provide notice to the child's foster parents, preadoptive parents, and caregivers whether the department provided adequate and timely notice, whether a caregiver's report was received by the court, and whether the court provided the child's foster parents, preadoptive parents, or caregivers with an opportunity to be heard in court. For purposes of this section, "caregiver's report" means a form provided by the department to a child's foster parents, preadoptive parents, or caregivers that provides an opportunity for those individuals to share information about the child with the court before a court hearing. A caregiver's report shall not include information related to a child's biological parent that is not directly related to the child's well-being.
(3) Absent exigent circumstances, the department shall provide the child's foster family home notice of expected placement changes as required by RCW 74.13.300.
(4) The rights to notice and to be heard apply only to persons with whom a child has been placed by the department or agency and who are providing care to the child at the time of the proceeding. This section shall not be construed to grant party status to any person solely on the basis of such notice and right to be heard.

[ 2018 c 284 § 8; (2018 c 284 § 7 expired July 1, 2018); 2017 3rd sp.s. c 6 § 304; 2016 c 180 § 1; 2009 c 520 § 25; 2007 c 409 § 1.]
NOTES:

Effective date—2018 c 284 §§ 3, 8, 13, 20, 33, 36, and 67: See note following RCW 13.34.030.


Expiration date—2018 c 284 §§ 2, 7, 12, 19, 32, 35, and 66: See note following RCW 13.34.030.


Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.


Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.


Effective date—2007 c 409: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 409 § 8.]

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.