4308. Dependency Petition Process

Applies To: This policy applies to child welfare employees. 

Policy Number & Title:  4308. Dependency Petition Process

Effective Date:  July 1, 2024

Purpose 

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

Authority 

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:

  1. 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.
  2. Are receiving extended foster care services, as authorized by RCW 74.14A.020.
  3. 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.
  4. 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.

Resources 

Active, Diligent, and Reasonable Efforts policy

Dependency Petition Process procedures (Located in the Policies & Rules Office SharePoint)

Original Date:  March 1, 2018

Revised Date:  July 1, 2024

Review Date:  July 31, 2028

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