RCW 13.34.155
Concurrent jurisdiction over nonparental actions for child custody—Establishment or modification of parenting plan.
(1) The court hearing the dependency petition may hear and determine issues related to a guardianship of a minor under RCW 11.130.215 in a dependency proceeding as necessary to facilitate a permanency plan for the child or children as part of the dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency plan of care for a child. Any modification or establishment of a guardianship of a minor must be made in conformity with the standards in chapter 11.130 RCW. The parents, guardians, or legal custodian of the child must agree, subject to court approval, to establish or modify a guardianship of a minor, but the court may decide any contested issues implementing the guardianship. This agreed guardianship of a minor may have the concurrence of the other parties to the dependency, the guardian ad litem of the child, and the child if age twelve or older, and must also be in the best interests of the child. If the petitioner for a guardianship of a minor order under RCW 11.130.215 is not a party to the dependency proceeding, he or she must agree on the record or by the filing of a declaration to the entry of a guardianship of a minor. Once a guardianship of a minor order is entered under RCW 11.130.215, and the dependency petition dismissed, the department shall not continue to supervise the placement.
(2)(a) The court hearing the dependency petition may establish or modify a parenting plan under chapter 26.09, 26.26A, or 26.26B RCW as part of a disposition order or at a review hearing when doing so will implement a permanent plan of care for the child and result in dismissal of the dependency.
(b) The dependency court shall adhere to procedural requirements under chapter 26.09 RCW and must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.
(c) Unless the whereabouts of one of the parents is unknown to either the department or the court, the parents must agree, subject to court approval, to establish the parenting plan or modify an existing parenting plan.
(d) Whenever the court is asked to establish or modify a parenting plan, the child's residential schedule, the allocation of decision-making authority, and dispute resolution under this section, the dependency court may:
(i) Appoint a guardian ad litem to represent the interests of the child when the court believes the appointment is necessary to protect the best interests of the child; and
(ii) Appoint an attorney to represent the interests of the child with respect to provisions for the parenting plan.
(e) The dependency court must make a written finding that the parenting plan established or modified by the dependency court under this section is in the child's best interests.
(f) The dependency court may interview the child in chambers to ascertain the child's wishes as to the child's residential schedule in a proceeding for the entry or modification of a parenting plan under this section. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to become part of the court record of the dependency case and the case under chapter 26.09, 26.26A, or 26.26B RCW.
(g) In the absence of agreement by a parent, guardian, or legal custodian of the child to allow the juvenile court to hear and determine issues related to the establishment or modification of a parenting plan under chapter 26.09, 26.26A, or 26.26B RCW, a party may move the court to transfer such issues to the family law department of the superior court for further resolution. The court may only grant the motion upon entry of a written finding that it is in the best interests of the child.
(h) In any parenting plan agreed to by the parents and entered or modified in juvenile court under this section, all issues pertaining to child support and the division of marital property shall be referred to or retained by the family law department of the superior court.
(3) Any order entered in the dependency court establishing or modifying a guardianship of a minor under RCW 11.130.215, parenting plan, or residential schedule under chapter 26.09, 26.26A, or 26.26B RCW shall also be filed in the chapter 11.130, 26.09, 26.26A, or 26.26B RCW action by the moving or prevailing party. If the petitioning or moving party has been found indigent and appointed counsel at public expense in the dependency proceeding, no filing fees shall be imposed by the clerk. Once filed, any guardianship of a minor order, parenting plan, or residential schedule establishing or modifying permanent legal custody of a child shall survive dismissal of the dependency proceeding.
[ 2020 c 312 § 119; 2019 c 46 § 5017; 2018 c 284 § 16. Prior: 2009 c 526 § 2; 2009 c 520 § 31; 2000 c 135 § 1.]
NOTES:
Effective date—2020 c 312: See note following RCW 11.130.915.
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.