RCW 13.34.132
Petition seeking termination of parent-child relationship—Requirements.
A court may order that a petition seeking termination of the parent and child relationship be filed if the following requirements are met:
(1) The court has removed the child from his or her home pursuant to RCW 13.34.130;
(2) Termination is recommended by the department;
(3) Termination is in the best interests of the child; and
(4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interests of the child. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court shall consider one or more of the following:
(a) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(e) Conviction of the parent of trafficking, or promoting commercial sexual abuse of a minor when the victim of the crime is the child, the child's other parent, a sibling of the child, or another child;
(f) Conviction of the parent of attempting, soliciting, or conspiring to commit a crime listed in (a), (b), (c), or (d) of this subsection;
(g) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(h) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in RCW 13.38.040, the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
(i) An infant under three years of age has been abandoned;
(j) Conviction of the parent, when a child has been born of the offense, of: (A) A sex offense under chapter 9A.44 RCW; or (B) incest under RCW 9A.64.020.
[ 2018 c 284 § 11; 2013 c 302 § 11; 2011 c 309 § 28; 2000 c 122 § 16.]
NOTES:
Effective date—2013 c 302: See note following RCW 9.68A.090.
Structure Revised Code of Washington
Title 13 - Juvenile Courts and Juvenile Offenders
Chapter 13.34 - Juvenile Court Act—Dependency and Termination of Parent-Child Relationship.
13.34.020 - Legislative declaration of family unit as resource to be nurtured—Rights of child.
13.34.025 - Child dependency cases—Coordination of services—Remedial services.
13.34.045 - 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.
13.34.080 - 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.
13.34.102 - 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.
13.34.125 - Voluntary adoption plan—Consideration of preferences for proposed placement.
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.
13.34.142 - Current placement episode—Calculation.
13.34.147 - Case review panel—Creation—Duties.
13.34.150 - Modification of orders.
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.
13.34.180 - 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.
13.34.212 - Court-appointed attorney for a child in a dependency proceeding.
13.34.234 - Guardianship for dependent child—Dependency guardianship subsidies.
13.34.235 - Guardianship for dependent child—Review hearing requirements not applicable—Exception.
13.34.240 - Acts, records, and proceedings of Indian tribe or band given full faith and credit.
13.34.265 - Foster home placement—Considerations.
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.
13.34.370 - Evaluation of parties—Selection of evaluators.
13.34.380 - Visitation policies and protocols—Development—Elements.
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.
13.34.800 - 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.