4431. Legal Jurisdiction and Office Assignment

Approved by:  Natalie Green, Assistant Secretary of Child Welfare

Original Date:  September 2006

Revised Date:  July 1, 2024

Policy Review:  July 31, 2028

Purpose

To support a child’s safety, permanency and well-being, this policy provides direction to caseworkers about determining which county is the correct legal venue in which to file the dependency petition or termination case, and when and how to request a change in jurisdiction.

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) employees.

Laws

RCW 13.34.040  Petition to court to deal with dependent child - Application of federal Indian Child Welfare Act.

Policy

  1. When DCYF files a dependency petition, the case will be assigned to the office where the child and parent, guardian, or legal custodian reside. If they reside in different counties, priority is given to what is in the child’s best interest, and to the county where the child is most likely to return home.  
  2. If the child or parent, guardian or legal custodian does not reside in Washington State but the child is located in Washington State, contact the Assistant Attorney General (AAG) to discuss legal jurisdiction.  If DCYF files a dependency petition, the case will be assigned to the office where the child is located at the time of filing.   
  3. Before requesting that the court transfer legal jurisdiction, all of the following must apply: 
    1. The parent or legal custodian with whom reunification is planned has lived in a different county then where the dependency petition was originally filed for a minimum of three consecutive months; 
    2. The supervisors and area administrators (AA) in the sending and receiving offices agree to the case transfer; and 
    3. The AAGs in the sending and receiving counties also agree to the transfer. 
  4. If there is agreement as described above and the receiving county’s court accepts legal jurisdiction, the sending supervisor must verify that the case documentation is complete and transfer the case to the receiving supervisor within five business days of receiving the court order to transfer legal jurisdiction. If the receiving county’s court denies the request to transfer jurisdiction, the sending office must retain primary office assignment. 
  5. Follow Indian Child Welfare Transferring Cases to Tribal Court policy when the child or youth is an Indian child and case transfer is:
    1. Requested by the tribes.
    2. Accepted by the tribes after being requested by the parents or children.
  6. Disagreements about office assignments must be resolved at the lowest level possible. If the disagreement remains unresolved, the supervisors and AAs must work with the regional administrators (RAs) or their designees to resolve it. 
  7. Legal jurisdiction can only be transferred to other Washington counties and cannot be transferred to counties in other states. 

Resources

Indian Child Welfare Transferring Cases to Tribal Court Policy