Washington Code 13.34.096 – Right to be heard — Notice
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(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.
Terms Used In Washington Code 13.34.096
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(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.]