Department of Children, Youth & Families

Original Date: March 2018

Revised Date: July 1, 2024

Sunset Review Date: July 31, 2028

Approved by: Natalie Green, Assistant Secretary of Child Welfare Division

Purpose

This policy provides guidance when considering court intervention, providing discovery, filing dependency petitions, and when children or youth are in shelter care status.

Scope

This policy applies to child welfare employees.

Laws

Chapter 13.34 RCW Juvenile Court Act-Dependency and Termination of Parent-Child Relationship

RCW 26.44.050 Abuse or neglect of child-Duty of law enforcement agency or department of children, youth, and families-Taking child into custody without court order, when

RCW 26.44.056 Protective detention or custody of abused child-Reasonable cause-Notice-Time limits-Monitoring Plan-Liability

RCW 74.14A.020 Services for emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict

Policy

Caseworkers must:

File dependency petitions when court intervention is needed to prevent harm to a child’s or youth’s health, safety, or well-being and when one of the following is met, the children or youth:
1. Have been abandoned.
2. Have been abused or neglected as defined in chapter 26.44 RCW by an individual legally responsible for their care.
3. Has no parent or guardian that can care for them, and that they are in circumstances which constitute a danger of substantial damage to either their:
  1. Psychological health.
  2. Physical health.
Are receiving extended foster care services, as authorized by RCW 74.13.031.
Recommend in the dependency petition an:
1. In-home placement when there is no imminent physical harm identified for the children or youth.
2. Out-of-home placement when it has been determined necessary to prevent imminent physical harm to them due to child abuse or neglect (CA/N), including that which results from sexual abuse, sexual exploitation, a high-potency synthetic opioid, or a pattern of severe neglect.
Make diligent efforts to notify parents and guardians as soon as possible, in an understandable manner in their primary language:
1. When their children or youth may be or have been removed from their custody.
2. Reasons why their children or youth may be or have been removed.
3. Their legal rights.
4. Date, time, and location of the shelter care hearing.

Procedures

Considering or Filing a Dependency Petition
Caseworkers must follow these policies when considering or filing dependency petitions:
1. DCYF Administrative:
  1. 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) policy when working with parents, guardians, children or youth that are LEP. This includes providing qualified interpreters as needed or requested.
  2. 6.03 Access to Services for Individuals with Disabilities when working with all individuals.
2. Child welfare:
  1. Safety Assessment.
  2. Family Team Decision Making (FTDM) Meetings when making placement decisions.
  3. Relative Search and Notification when searching for relative placements.
  4. Placing with and Supporting Unlicensed Relatives and Suitable Persons regarding initial licenses for relatives and suitable persons.
  5. Family Time and Sibling and Relative Visits when determining visitation.
  6. Shelter Care Case Conference for children or youth in shelter care status.
  7. Documentation when documenting case related information.
Determining Court Intervention
Caseworkers must:
1. Consult with their supervisor to determine if court intervention is needed when one or more of the criteria is met in Policy Section 1.
2. If recommending:
  1. In-home placement, show evidence of how the dependency standard in Policy Section 1.a. has been met.
  2. Out-of-home placement, show evidence of imminent physical harm to children or youth due to child abuse or neglect (CA/N), including that resulting from sexual abuse, sexual exploitation, a high-potency synthetic opioid, or a pattern of severe neglect.
3. Use the dependency petition template and guide.
4. Collaborate with the Assistant Attorney General (AAG) to assess legal sufficiency. Imminent physical harm is only used prior to establishing dependency. If there is a disagreement with the AAG on legal sufficiency, caseworkers must consult with their supervisor and area administrator (AA). If, they determine to:
  1. File the dependency petition the petition must include:
    1. Whether there is reason to know that children are or may be Indian children, per RCW 13.38.040.
    2. Finding whether Indian child welfare (ICW) applies. If ICW applies, the petition must also include verification the notices have been sent to the tribes.
    3. Statements:
      1. That are clear and specific to the harm that will occur if the children or youth remain in the care of their parent or guardian.
      2. Supporting the need for the dependency.
    4. Facts showing:
      1. Causal relationship between conditions in the home and imminent physical harm to the child.
      2. Whether participation by the parent or guardian in agreed prevention services would prevent or eliminate the need for removal of the child or youth.
      3. Identify the harm of removal specific to the children or youth if recommending removal and the steps taken or proposing to take to mitigate any harm that might be caused by removal. If this information is unavailable when writing the petition, be prepared to testify to this at the shelter care hearing.
      4. If seeking a pickup order reasonable grounds to believe that removal is necessary to prevent imminent physical harm to the child or youth, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect if the children or youth are not removed from their parents or guardians.
      5. There was insufficient to serve the parents or guardians with the dependency petition and hold a shelter care hearing prior to removing the children or youth and the reasons why they were unable to serve them.
    5. Names, addresses, and contact information for the:
      1. Caseworkers
      2. Parents or guardians, unless there is a protection order to protect their whereabouts. If so, consult with AAG.
  2. Not file the dependency petition, they must complete one of the following:
    1. Transfer the case to:
      1. Family Voluntary Services (FVS)
      2. Family Reconciliation Services (FRS)
    2. Monitor the case in Family Assessment Response (FAR)
    3. Close the case
5. Draft the dependency petition recommending one of the following:
  1. In-home placement when both of these are met:
    1. A safety plan when children or youth are unsafe and the safety threat can be managed by the safety plan.
    2. The recommended court ordered services to address the risk of future abuse or neglect.
  2. Out-of-home placement:
    1. With a Motion to Take Child into Custody, e.g., pick up order.
    2. Without a Motion to Take Child into Custody, e.g., they are in protective custody, on a Voluntary Placement Agreement (VPA), or hospital hold.
6. Finalize the dependency petition with the AAG.
Filing the Dependency Petition, Providing Notice, and Service to Parents and Guardians
1. Caseworkers must complete the following when filing a dependency petition, when:
  1. There is reason to know children are or may be Indian children, follow ICW policies:
    1. Tribal Inquiry to identify if children are Indian children.
    2. Dependency Cases for legal notification requirements.
    3. Child Protection Services Investigation and Family Assessment Response for discovery requirements.
  2. Recommending an:
    1. In-home placement:
      1. Make diligent efforts to notify the parents and guardians of the following if a shelter care hearing occurs, the hearing’s:
        Date
        Time
        Location
      2. Provide a copy of the dependency petition and summons to the parents or guardians that is in an understandable manner, taking in into considerations the parents’ or guardians’:
        Primary language
        Level of education
        Culture
      3. Attend and present testimony at court hearings, if applicable.
      4. Monitor conditions for the children or youth to remain in the home, if applicable. If the parents or guardians do not meet the conditions, consult with their:
        Supervisor
        AAG
    2. Out-of-home placement and DCYF has legal authority of the children or youth with an order to take them into custody, protective custody, or an administrative hold:
      1. Schedule a shelter care hearing within 72-hours of the children or youth being placed into DCYF custody, excluding weekends and holidays. When this occurs, a shelter care hearing must be held within 72-hours, or the children or youth are returned to their parent’s or guardian’s care.
      2. Search for relatives by following Relative Search and Notification and suitable person placements and notify the placement desk concurrently that a potential foster care placement may be needed.
      3. Provide the placement desk the:
        Child Information and Placement Referral DCYF 15-300 form.
        The date of the shelter care hearing.
      4. Make diligent efforts to provide parents or guardians the following at the time of the children’s or youth’s removal:
        Notification they have been taken into custody.
        General information about their placement.
        The Temporary Custody Notification DCYF 09-731 form to inform them of their rights and the shelter care hearing.
        A copy of the dependency petition that is in an understandable manner, taking in into considerations the parents’ or guardians’:
        Primary language
        Level of education
        Culture.
        Summons
        Court order authorizing them to be placed into DCYF custody.
      5. If, after diligent efforts, the parents or guardians are not served at the time of removal, caseworkers must continue making diligent efforts to personally serve them.
      6. If parents or guardians cannot be located:
        Continue efforts to locate them using the Guidelines for Locating Children and/or Parents DCYF 02-607 form.
        Consult with the AAG and provide information needed for the publication process, per RCW 13.34.080.
      7. If children or youth cannot be located and are not taken into DCYF custody:
        Consult with your:
        Supervisor
        AAG
        Continue efforts to locate them using the Guidelines for Locating Children and/or Parents DCYF 02-607 form.
      8. Notify the AAG of the placement information prior to the hearing. If a placement has not been confirmed, the caseworker must notify the court of efforts made.
      9. Request an update on potential placements from the placement desk prior to the shelter care hearing.
      10. Attend and present testimony at court hearings, if applicable, and:
        Provide the court the following information:
        Efforts made to locate a placement and if the children or youth have been placed with a relative or suitable person.
        General location of the licensed foster placement, if applicable.
        Be prepared to inform the court:
        How the placement is the least restrictive.
        If the child or youth will be:
        Able to remain in the same school and whether orders of the court are necessary for educational stability.
        Placed with siblings and whether court ordered contact would promote their well-being.
        Whether the foster parents will be able to meet the special needs of the child or youth.
        If the placement of the foster home will impede family time.
      11. Follow these policies when placing children or youth:
        Out-of-Home Placements
        Interstate Compact on the Placement of Children (ICPC) when they are placed out-of-state.
2. Placement desk must:
  1. Contact foster parents to identify potential placements if relatives and suitable persons are unavailable.
  2. Provide the potential foster parents with general information to allow them to determine if they can adequately meet the child’s or youth’s needs. The information provided cannot have child or family identifying information.
  3. Provide caseworkers with an update on locating a placement prior to the shelter care hearing.
Providing Discovery
Caseworkers must provide:
1. Redacted copies of their discovery records prior to the shelter care hearing, to the:
  1. Parents and guardians when not represented by attorneys.
  2. Parents’ and guardians’ attorneys, when represented.
  3. Youth age 12 or older, when not represented.
  4. Youth’s attorney, when represented.
  5. Assistant Attorney General (AAG).
  6. Indian custodians and tribes, if applicable
  7. Guardian ad Litem (GAL), if appointed.
2. A copy of children’s or youth’s forensic audio or video recordings, if court ordered, per the Audio Recording policy.
After Shelter Care Hearings
Caseworkers must follow these policies when courts place children or youth into shelter care:
1. Notification of Court Hearings, Providing Reports to Court, and Information Sharing with Out-of-Home to notify parents, guardians, and caregivers of all court proceedings.
2. Court Report when completing the initial court report for the dependency disposition hearing.
Documentation
Caseworkers must:
1. Follow the Documentation policy.
2. Document the following in FamLink case notes:
  1. Active efforts to locate and notify tribes, if applicable.
  2. Diligent efforts to locate and notify parents or guardians.
  3. Notification to all parents or guardians, and caregivers of the times and location for all court hearings.
  4. Discovery provided to the parents, guardians, GALs, attorneys for parents and children or youth, youth age 12 or older, and Indian custodians and tribes, if applicable.
  5. Efforts to comply with court orders.

Forms

Child Custody Transfer DCYF 10-157 (located in the Forms repository on the DCYF intranet)

Child Information and Placement Referral DCYF 15-300

Guidelines for Locating Children and/or Parents DCYF 02-607 (located in the Forms repository on the DCYF intranet)

Temporary Custody Notification DCYF 09-731 (located in the Forms repository on the DCYF intranet)

Resources

Audio Recording policy

Child Safety Framework (located on the DCYF intranet under Programs, Intake & CPS, and Policy & Laws)

Court Report policy

DCYF Administrative 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) policy

DCYF Administrative 6.03 Access to Services for Individuals with Disabilities policy

Dependency Petition Template (located on the Divisional SharePoint Hubs, under Office of Transformation, under Child Welfare Integration Portfolio Site, and under Foundations of Practice)

Dependency Petition Template Guide (located on the Divisional SharePoint Hubs, under Office of Transformation, under Child Welfare Integration Portfolio Site, and under Foundations of Practice)

Documentation policy

Family Team Decision Making (FTDM) Meeting policy

Family Time and Sibling and Relative Visits policy

FamLink User Manuals (located on the DCYF intranet)

Hospital Holds policy

ICW Dependency Cases policy

ICW Child Protective Investigation Services and Family Assessment Response policy

ICW Tribal Inquiry policy

Interstate Compact on the Placement of Children (ICPC) policy

Notification of Court Hearings, Providing Reports to Court, and Information Sharing with Out-of-Home policy

Out-of-Home Placements policy

Placement Packet (located on the DCYF intranet, under Programs, CFWS, and Forms)