Washington Code 13.32A.160 – Out-of-home placement — Court action upon filing of child in need of services petition — Child placement
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(1) When a proper child in need of services petition to approve an out-of-home placement is filed under RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile court shall: (a)(i) Schedule a fact-finding hearing to be held: (A) For a child who resides in a place other than his or her parent‘s home and other than an out-of-home placement, within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day; or (B) for a child living at home or in an out-of-home placement, within ten days; and (ii) notify the parent, child, and the department of such date; (b) notify the parent of the right to be represented by counsel and, if indigent, to have counsel appointed for him or her by the court; (c) appoint legal counsel for the child; (d) inform the child and his or her parent of the legal consequences of the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this chapter and chapters 11.130, 13.34, and 71.34 RCW, including the right to file an at-risk youth petition, the right to submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental health treatment, and the right to file a guardianship petition; and (f) notify all parties, including the department, of their right to present evidence at the fact-finding hearing.
Terms Used In Washington Code 13.32A.160
- At-risk youth: means a juvenile:
Washington Code 13.32A.030Child in need of services: means a juvenile:
Washington Code 13.32A.030Child in need of services petition: means a petition filed in juvenile court by a parent, child, or the department seeking adjudication of placement of the child. See Washington Code 13.32A.030 Crisis residential center: means a secure or semi-secure facility established pursuant to chapter 74. See Washington Code 13.32A.030 Department: means the department of children, youth, and families. See Washington Code 13.32A.030 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Out-of-home placement: means a placement in a foster family home or group care facility licensed pursuant to chapter 74. See Washington Code 13.32A.030 Parent: includes custodian or guardian. See Washington Code 13.32A.030 Temporary out-of-home placement: means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition. See Washington Code 13.32A.030
(2) Upon filing of a child in need of services petition, the child may be placed, if not already placed, by the department in a crisis residential center, HOPE center, foster family home, group home facility licensed under chapter 74.15 RCW, or any other suitable residence to be determined by the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long as the requirements of RCW 13.32A.125 are met.
(3) If the child has been placed in a foster family home or group care facility under chapter 74.15 RCW, the child shall remain there, or in any other suitable residence as determined by the department, pending resolution of the petition by the court. Any placement may be reviewed by the court within three judicial days upon the request of the juvenile or the juvenile’s parent.
[ 2020 c 312 § 724; 2019 c 124 § 1; 2000 c 123 § 19; 1997 c 146 § 6; 1996 c 133 § 22; 1995 c 312 § 17; 1990 c 276 § 11; 1989 c 269 § 2; 1979 c 155 § 30.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1990 c 276: See RCW 13.32A.015.
Conflict with federal requirements—Severability—1990 c 276: See notes following RCW 13.32A.020.
Effective date—Severability—1979 c 155: See notes following RCW 13.04.011.