RCW 13.34.190
Order terminating parent and child relationship—Findings.
(1) Except as provided in subsection (2) of this section, after hearings pursuant to RCW 13.34.110 or 13.34.130, the court may enter an order terminating all parental rights to a child only if the court finds that:
(a)(i) The allegations contained in the petition as provided in RCW 13.34.180(1) are established by clear, cogent, and convincing evidence; or
(ii) The provisions of RCW 13.34.180(1) (a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180(1) (c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180(1) (c) and (d) may be waived; or
(iii) The allegation under *RCW 13.34.180(2) is established beyond a reasonable doubt. In determining whether RCW 13.34.180(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.132 exist; or
(iv) The allegation under *RCW 13.34.180(3) is established beyond a reasonable doubt; and
(b) Such an order is in the best interests of the child.
(2) The provisions of chapter 13.38 RCW must be followed in any proceeding under this chapter for termination of the parent-child relationship of an Indian child as defined in RCW 13.38.040.
[ 2011 c 309 § 30; 2010 c 288 § 2; 2000 c 122 § 26; 1998 c 314 § 5; 1993 c 412 § 3; 1992 c 145 § 15; 1990 c 284 § 33; 1979 c 155 § 48; 1977 ex.s. c 291 § 47.]
NOTES:
*Reviser's note: RCW 13.34.180 was amended by 2013 c 173 § 4, changing subsections (2) and (3) to subsections (3) and (4), respectively.
Finding—Effective date—1990 c 284: See notes following RCW 74.13.250.
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
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.