Child shelter care orders

AN ACT Relating to authorizing the court to order certain 1
conditions during child welfare shelter care hearings to maintain the 2
safety of children under age five who are placed in the care, 3
custody, or control of a parent, guardian, or legal custodian; 4
amending RCW 13.34.065 and 13.34.110; and creating a new section.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislature finds that critical 7
incidents, maltreatment-related child fatalities or near fatalities 8
involving families with an open child welfare case within one year of 9
the incident, increased by 70 percent from 2021 to 2024. In the first 10
quarter of 2025, there were 22 critical incidents compared to nine 11
critical incidents in the first quarter of 2024.12
(2) The legislature intends to address the concerning rise in 13
critical incidents by increasing court oversight of child welfare 14
cases during the shelter care phase for children under age five.15
Sec. 2. RCW 13.34.065 and 2024 c 328 s 103 are each amended to 16
read as follows: 17
(1)(a) When a child is removed or when the petitioner is seeking 18
the removal of a child from the child's parent, guardian, or legal 19
custodian, the court shall hold a shelter care hearing within 72 20
S-4271.1
SENATE BILL 6308
State of Washington 69th Legislature 2026 Regular Session
By Senators C. Wilson, Nobles, and Saldaña
Read first time 01/26/26. Referred to Committee on Human Services.
p. 1 SB 6308
hours, excluding Saturdays, Sundays, and holidays. The primary 1
purpose of the shelter care hearing is to determine whether the child 2
can be immediately and safely returned home while the adjudication of 3
the dependency is pending. The court shall hold an additional shelter 4
care hearing within 72 hours, excluding Saturdays, Sundays, and 5
holidays if the child is removed from the care of a parent, guardian, 6
or legal custodian at any time after an initial shelter care hearing 7
under this section. 8
(b) Any child's attorney, parent, guardian, or legal custodian 9
who for good cause is unable to attend or adequately prepare for the 10
shelter care hearing may request that the initial shelter care 11
hearing be continued or that a subsequent shelter care hearing be 12
scheduled. The request shall be made to the clerk of the court where 13
the petition is filed prior to the initial shelter care hearing. Upon 14
the request of the child's attorney, parent, guardian, or legal 15
custodian, the court shall schedule the hearing within 72 hours of 16
the request, excluding Saturdays, Sundays, and holidays. The clerk 17
shall notify all other parties of the hearing by any reasonable 18
means. If the parent, guardian, or legal custodian is not represented 19
by counsel, the clerk shall provide information to the parent, 20
guardian, or legal custodian regarding how to obtain counsel.21
(2)(a) If it is likely that the child will remain in shelter care 22
longer than 72 hours, the department shall submit a recommendation to 23
the court as to the further need for shelter care in all cases in 24
which the child will remain in shelter care longer than the 72 hour 25
period. In all other cases, the recommendation shall be submitted by 26
the juvenile court probation counselor. 27
(b) All parties have the right to present testimony to the court 28
regarding the need or lack of need for shelter care.29
(c) Hearsay evidence before the court regarding the need or lack 30
of need for shelter care must be supported by sworn testimony, 31
affidavit, or declaration of the person offering such evidence.32
(3)(a) At the commencement of the hearing, the court shall notify 33
the parent, guardian, or custodian of the following:34
(i) The parent, guardian, or custodian has the right to a shelter 35
care hearing; 36
(ii) The nature of the shelter care hearing, the rights of the 37
parents, and the proceedings that will follow; and38
(iii) If the parent, guardian, or custodian is not represented by 39
counsel, the right to be represented. If the parent, guardian, or 40
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custodian is indigent, the court shall appoint counsel as provided in 1
RCW 13.34.090; and 2
(b) If a parent, guardian, or legal custodian desires to waive 3
the shelter care hearing, the court shall determine, on the record 4
and with the parties present, whether such waiver is knowing and 5
voluntary. A parent may not waive his or her right to the shelter 6
care hearing unless he or she appears in court, in person, or by 7
remote means, and the court determines that the waiver is knowing and 8
voluntary. Regardless of whether the court accepts the parental 9
waiver of the shelter care hearing, the court must provide notice to 10
the parents of their rights required under (a) of this subsection and 11
make the finding required under subsection (4) of this section.12
(4) At the shelter care hearing the court shall examine the need 13
for shelter care and inquire into the status of the case. The 14
paramount consideration for the court shall be the health, welfare, 15
and safety of the child. At a minimum, the court shall inquire into 16
the following: 17
(a) Whether the notice required under RCW 13.34.062 was given to 18
all known parents, guardians, or legal custodians of the child. The 19
court shall make an express finding as to whether the notice required 20
under RCW 13.34.062 was given to the parent, guardian, or legal 21
custodian. If actual notice was not given to the parent, guardian, or 22
legal custodian and the whereabouts of such person is known or can be 23
ascertained, the court shall order the department to make diligent 24
efforts to advise the parent, guardian, or legal custodian of the 25
status of the case, including the date and time of any subsequent 26
hearings, and their rights under RCW 13.34.090; 27
(b) Whether the child can be safely returned home while the 28
adjudication of the dependency is pending; 29
(c) What efforts have been made to place the child with a 30
relative. The court shall ask the parents whether the department 31
discussed with them the placement of the child with a relative or 32
other suitable person described in RCW 13.34.130(1)(b) and shall 33
determine what efforts have been made toward such a placement;34
(d) What services were provided to the family to prevent or 35
eliminate the need for removal of the child from the child's home. If 36
the dependency petition or other information before the court alleges 37
that experiencing homelessness or the lack of suitable housing was a 38
significant factor contributing to the removal of the child, the 39
court shall inquire as to whether housing assistance was provided to 40
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the family to prevent or eliminate the need for removal of the child 1
or children; 2
(e) Is the placement proposed by the department the least 3
disruptive and most family-like setting that meets the needs of the 4
child; 5
(f) Whether it is in the best interest of the child to remain 6
enrolled in the school, developmental program, or child care the 7
child was in prior to placement and what efforts have been made to 8
maintain the child in the school, program, or child care if it would 9
be in the best interest of the child to remain in the same school, 10
program, or child care; 11
(g) Appointment of a guardian ad litem or attorney;12
(h) Whether the child is or may be an Indian child as defined in 13
RCW 13.38.040, whether the provisions of the federal Indian child 14
welfare act or chapter 13.38 RCW apply, and whether there is 15
compliance with the federal Indian child welfare act and chapter 16
13.38 RCW, including notice to the child's tribe; 17
(i) Whether, as provided in RCW 26.44.063, restraining orders, or 18
orders expelling an allegedly abusive household member from the home 19
of a nonabusive parent, guardian, or legal custodian, will allow the 20
child to safely remain in the home; 21
(j) Whether any orders for examinations, evaluations, or 22
immediate services are needed. ((The)) Except as provided in 23
subsection (5)(c) of this section, the court may not order a parent 24
to undergo examinations, evaluation, or services at the shelter care 25
hearing unless the parent agrees to the examination, evaluation, or 26
service; 27
(k) The terms and conditions for parental, sibling, and family 28
visitation. 29
(5)(a) The court shall release a child alleged to be dependent to 30
the care, custody, and control of the child's parent, guardian, or 31
legal custodian unless the court finds there is reasonable cause to 32
believe that: 33
(i) After consideration of the specific services that have been 34
provided, reasonable efforts have been made to prevent or eliminate 35
the need for removal of the child from the child's home and to make 36
it possible for the child to return home; and 37
(ii)(A) The child has no parent, guardian, or legal custodian to 38
provide supervision and care for such child; or 39
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(B)(I) Removal of the child is necessary to prevent imminent 1
physical harm due to child abuse or neglect, including that which 2
results from sexual abuse, sexual exploitation, a high-potency 3
synthetic opioid, or a pattern of severe neglect, notwithstanding an 4
order entered pursuant to RCW 26.44.063. The evidence must show a 5
causal relationship between the particular conditions in the home and 6
imminent physical harm to the child. The existence of community or 7
family poverty, isolation, single parenthood, age of the parent, 8
crowded or inadequate housing, substance abuse, prenatal drug or 9
alcohol exposure, mental illness, disability or special needs of the 10
parent or child, or nonconforming social behavior does not by itself 11
constitute imminent physical harm. The court shall give great weight 12
to the lethality of high-potency synthetic opioids and public health 13
guidance from the department of health related to high-potency 14
synthetic opioids when determining whether removal of the child is 15
necessary to prevent imminent physical harm due to child abuse or 16
neglect; 17
(II) It is contrary to the welfare of the child to be returned 18
home; and 19
(III) After considering the particular circumstances of the 20
child, any imminent physical harm to the child outweighs the harm the 21
child will experience as a result of removal; or 22
(C) The parent, guardian, or custodian to whom the child could be 23
released has been charged with violating RCW 9A.40.060 or 9A.40.070.24
(b) If the court finds that the elements of (a)(ii)(B) of this 25
subsection require removal of the child, the court shall further 26
consider: 27
(i) Whether participation by the parents, guardians, or legal 28
custodians in any prevention services would prevent or eliminate the 29
need for removal and, if so, shall inquire of the parent whether they 30
are willing to participate in such services. If the parent agrees to 31
participate in the prevention services identified by the court that 32
would prevent or eliminate the need for removal, the court shall 33
place the child with the parent. The court shall give great weight to 34
the lethality of high-potency synthetic opioids and public health 35
guidance from the department of health related to high-potency 36
synthetic opioids when deciding whether to place the child with the 37
parent. ((The)) Except as provided in (c) of this subsection, the 38
court shall not order a parent to participate in prevention services 39
over the objection of the parent, however, parents shall have the 40
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opportunity to consult with counsel prior to deciding whether to 1
agree to proposed prevention services as a condition of having the 2
child return to or remain in the care of the parent; and3
(ii) Whether the issuance of a temporary order of protection 4
directing the removal of a person or persons from the child's 5
residence would prevent the need for removal of the child.6
(c) If a child is under the age of five at the time of filing the 7
dependency petition and the court releases the child to the care, 8
custody, and control of a parent, guardian, or legal custodian under 9
subsection (a) of this section, the court may order the parent, 10
guardian, or legal custodian to comply with conditions necessary to 11
maintain the safety of the child in the home if the court finds that 12
there is reasonable cause to believe that these conditions are 13
necessary to maintain the safety of the child. If these conditions 14
involve the participation of the parent, guardian, or legal custodian 15
in a service or evaluation, the parent, guardian, or legal custodian 16
shall sign a release of information allowing the department to make a 17
referral and receive any related results and the department shall 18
provide all necessary referrals to that service or evaluation within 19
seven days of signing this release. Failure by the department to 20
provide timely referrals or access to service conditions may not be 21
used as a basis for removal, continued shelter care, or a finding of 22
dependency. The court may only order conditions under this subsection 23
(5)(c) that the department identifies as:24
(i) Culturally appropriate;25
(ii) Reasonably available to the parent, guardian, or legal 26
custodian; and27
(iii) Reasonably accessible to the parent, guardian, or legal 28
custodian.29
(d)(i) If the court does not release the child to his or her 30
parent, guardian, or legal custodian, the court shall order placement 31
with a relative or other suitable person as described in RCW 32
13.34.130(1)(b), unless the petitioner establishes that there is 33
reasonable cause to believe that: 34
(A) Placement in licensed foster care is necessary to prevent 35
imminent physical harm to the child due to child abuse or neglect, 36
including that which results from sexual abuse, sexual exploitation, 37
a high-potency synthetic opioid, or a pattern of severe neglect, 38
because no relative or other suitable person is capable of ensuring 39
the basic safety of the child; or 40
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(B) The efforts to reunite the parent and child will be hindered.1
(ii) In making the determination in (((c))) (d)(i) of this 2
subsection, the court shall: 3
(A) Inquire of the petitioner and any other person present at the 4
hearing for the child whether there are any relatives or other 5
suitable persons who are willing to care for the child. This inquiry 6
must include whether any relative or other suitable person:7
(I) Has expressed an interest in becoming a caregiver for the 8
child; 9
(II) Is able to meet any special needs of the child;10
(III) Is willing to facilitate the child's sibling and parent 11
visitation if such visitation is ordered by the court; and12
(IV) Supports reunification of the parent and child once 13
reunification can safely occur; and 14
(B) Give great weight to the stated preference of the parent, 15
guardian, or legal custodian, and the child. 16
(iii) If a relative or other suitable person expressed an 17
interest in caring for the child, can meet the child's special needs, 18
can support parent-child reunification, and will facilitate court-19
ordered sibling or parent visitation, the following must not prevent 20
the child's placement with such relative or other suitable person:21
(A) An incomplete department or fingerprint-based background 22
check, if such relative or other suitable person appears otherwise 23
suitable and competent to provide care and treatment, but the 24
background checks must be completed as soon as possible after 25
placement; 26
(B) Uncertainty on the part of the relative or other suitable 27
person regarding potential adoption of the child; 28
(C) Disbelief on the part of the relative or other suitable 29
person that the parent, guardian, or legal custodian presents a 30
danger to the child, provided the caregiver will protect the safety 31
of the child and comply with court orders regarding contact with a 32
parent, guardian, or legal custodian; or 33
(D) The conditions of the relative or other suitable person's 34
home are not sufficient to satisfy the requirements of a licensed 35
foster home. The court may order the department to provide financial 36
or other support to the relative or other suitable person necessary 37
to ensure safe conditions in the home. 38
(((d))) (e) If the child was not initially placed with a relative 39
or other suitable person, and the court does not release the child to 40
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his or her parent, guardian, or legal custodian, the department shall 1
make reasonable efforts to locate a relative or other suitable person 2
pursuant to RCW 13.34.060(1). 3
(((e))) (f) If the court does not order placement with a relative 4
or other suitable person, the court shall place the child in licensed 5
foster care and shall set forth its reasons for the order. If the 6
court orders placement of the child with a person not related to the 7
child and not licensed to provide foster care, the placement is 8
subject to all terms and conditions of this section that apply to 9
relative placements. 10
(((f))) (g) Any placement with a relative, or other suitable 11
person approved by the court pursuant to this section, shall be 12
contingent upon cooperation with the department's or agency's case 13
plan and compliance with court orders related to the care and 14
supervision of the child including, but not limited to, court orders 15
regarding parent-child contacts, sibling contacts, and any other 16
conditions imposed by the court. Noncompliance with the case plan or 17
court order is grounds for removal of the child from the home of the 18
relative or other suitable person, subject to review by the court.19
(((g))) (h) If the child is placed in a qualified residential 20
treatment program as defined in this chapter, the court shall, within 21
60 days of placement, hold a hearing to: 22
(i) Consider the assessment required under RCW 13.34.420 and 23
submitted as part of the department's social study, and any related 24
documentation; 25
(ii) Determine whether placement in foster care can meet the 26
child's needs or if placement in another available placement setting 27
best meets the child's needs in the least restrictive environment; 28
and 29
(iii) Approve or disapprove the child's placement in the 30
qualified residential treatment program. 31
(((h))) (i) Uncertainty by a parent, guardian, legal custodian, 32
relative, or other suitable person that the alleged abuser has in 33
fact abused the child shall not, alone, be the basis upon which a 34
child is removed from the care of a parent, guardian, or legal 35
custodian under (a) of this subsection, nor shall it be a basis, 36
alone, to preclude placement with a relative or other suitable person 37
under (((c))) (d) of this subsection. 38
(((i))) (j) If the court places with a relative or other suitable 39
person, and that person has indicated a desire to become a licensed 40
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foster parent, the court shall order the department to commence an 1
assessment of the home of such relative or other suitable person 2
within 10 days and thereafter issue an initial license as provided 3
under RCW 74.15.120 for such relative or other suitable person, if 4
qualified, as a foster parent. The relative or other suitable person 5
shall receive a foster care maintenance payment, starting on the date 6
the department approves the initial license. If such home is found to 7
be unqualified for licensure, the department shall report such fact 8
to the court within one week of that determination. The department 9
shall report on the status of the licensure process during the entry 10
of any dispositional orders in the case. 11
(((j))) (k) If the court places the child in licensed foster 12
care: 13
(i) The petitioner shall report to the court, at the shelter care 14
hearing, the location of the licensed foster placement the petitioner 15
has identified for the child and the court shall inquire as to 16
whether: 17
(A) The identified placement is the least restrictive placement 18
necessary to meet the needs of the child; 19
(B) The child will be able to remain in the same school and 20
whether any orders of the court are necessary to ensure educational 21
stability for the child; 22
(C) The child will be placed with a sibling or siblings, and 23
whether court-ordered sibling contact would promote the well-being of 24
the child; 25
(D) The licensed foster placement is able to meet the special 26
needs of the child; 27
(E) The location of the proposed foster placement will impede 28
visitation with the child's parent or parents; 29
(ii) The court may order the department to: 30
(A) Place the child in a less restrictive placement;31
(B) Place the child in a location in closer proximity to the 32
child's parent, home, or school; 33
(C) Place the child with the child's sibling or siblings;34
(D) Take any other necessary steps to ensure the child's health, 35
safety, and well-being; 36
(iii) The court shall advise the petitioner that:37
(A) Failure to comply with court orders while a child is in 38
shelter care will be considered when determining whether reasonable 39
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efforts have been made by the department during a hearing under RCW 1
13.34.110; and 2
(B) Placement moves while a child is in shelter care will be 3
considered when determining whether reasonable efforts have been made 4
by the department during a hearing under RCW 13.34.110.5
(6)(a) A shelter care order issued pursuant to this section shall 6
include the requirement for a case conference as provided in RCW 7
13.34.067. However, if the parent is not present at the shelter care 8
hearing, or does not agree to the case conference, the court shall 9
not include the requirement for the case conference in the shelter 10
care order. 11
(b) If the court orders a case conference, the shelter care order 12
shall include notice to all parties and establish the date, time, and 13
location of the case conference which shall be no later than 30 days 14
before the fact-finding hearing. 15
(c) The court may order another conference, case staffing, or 16
hearing as an alternative to the case conference required under RCW 17
13.34.067 so long as the conference, case staffing, or hearing 18
ordered by the court meets all requirements under RCW 13.34.067, 19
including the requirement of a written agreement specifying the 20
services to be provided to the parent. 21
(7)(a)(i) A shelter care order issued pursuant to this section 22
may be amended at any time with notice and hearing thereon. The 23
shelter care decision of placement shall be modified only upon a 24
showing of change in circumstances. No child may be placed in shelter 25
care for longer than thirty days without an order, signed by the 26
judge, authorizing continued shelter care. 27
(ii) If the court previously ordered that visitation between a 28
parent and child be supervised or monitored, there shall be a 29
presumption that such supervision or monitoring will no longer be 30
necessary following a continued shelter care order under (a)(i) of 31
this subsection. To overcome this presumption, a party must provide a 32
report to the court including evidence establishing that removing 33
visit supervision or monitoring would create a risk to the child's 34
safety, and the court shall make a determination as to whether visit 35
supervision or monitoring must continue. 36
(b)(i) An order releasing the child on any conditions specified 37
in this section may at any time be amended, with notice and hearing 38
thereon, so as to return the child to shelter care for failure of the 39
parties to conform to the conditions originally imposed.40
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(ii) The court shall consider whether nonconformance with any 1
conditions resulted from circumstances beyond the control of the 2
parent, guardian, or legal custodian and give weight to that fact 3
before ordering return of the child to shelter care.4
(8) The department and its employees shall not be held liable in 5
any civil action for complying with an order issued under this 6
section for placement: With a parent who has agreed to accept 7
services, a relative, or a suitable person. 8
(9)(a) If a child is placed out of the home of a parent, 9
guardian, or legal custodian following a shelter care hearing, the 10
court shall order the petitioner to provide regular visitation with 11
the parent, guardian, or legal custodian, and siblings. Early, 12
consistent, and frequent visitation is crucial for maintaining 13
parent-child relationships and allowing family reunification. The 14
court shall order a visitation plan individualized to the needs of 15
the family with a goal of providing the maximum parent, child, and 16
sibling contact possible. 17
(b) Visitation under this subsection shall not be limited as a 18
sanction for a parent's failure to comply with recommended services 19
during shelter care. 20
(c) Visitation under this subsection may only be limited where 21
necessary to ensure the health, safety, or welfare of the child.22
(d) The first visit must take place within 72 hours of the child 23
being delivered into the custody of the department, unless the court 24
finds that extraordinary circumstances require delay.25
(e) If the first visit under (d) of this subsection occurs in an 26
in-person format, this first visit must be supervised unless the 27
department determines that visit supervision is not necessary.28
Sec. 3. RCW 13.34.110 and 2020 c 312 s 116 are each amended to 29
read as follows: 30
(1) The court shall hold a fact-finding hearing on the petition 31
and, unless the court dismisses the petition, shall make written 32
findings of fact, stating the reasons therefor. The rules of evidence 33
shall apply at the fact-finding hearing and the parent, guardian, or 34
legal custodian of the child shall have all of the rights provided in 35
RCW 13.34.090(1). The petitioner shall have the burden of 36
establishing by a preponderance of the evidence that the child is 37
dependent within the meaning of RCW 13.34.030. 38
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(2)(a) The court in a fact-finding hearing may consider the 1
history of past involvement of child protective services or law 2
enforcement agencies with the family for the purpose of establishing 3
a pattern of conduct, behavior, or inaction with regard to the 4
health, safety, or welfare of the child on the part of the child's 5
parent, guardian, or legal custodian, or for the purpose of 6
establishing that reasonable efforts have been made by the department 7
to prevent or eliminate the need for removal of the child from the 8
child's home. No report of child abuse or neglect that has been 9
destroyed or expunged under RCW 26.44.031 may be used for such 10
purposes. 11
(b) The fact that the parent participated in prevention services, 12
safety planning, or conditions necessary to maintain the safety of 13
the child under RCW 13.34.065(5)(c) may not be construed as an 14
admission of abuse or neglect.15
(3)(a) The parent, guardian, or legal custodian of the child may 16
waive his or her right to a fact-finding hearing by stipulating or 17
agreeing to the entry of an order of dependency establishing that the 18
child is dependent within the meaning of RCW 13.34.030. The parent, 19
guardian, or legal custodian may also stipulate or agree to an order 20
of disposition pursuant to RCW 13.34.130 at the same time. Any 21
stipulated or agreed order of dependency or disposition must be 22
signed by the parent, guardian, or legal custodian and his or her 23
attorney, unless the parent, guardian, or legal custodian has waived 24
his or her right to an attorney in open court, and by the petitioner 25
and the attorney, guardian ad litem, or court-appointed special 26
advocate for the child, if any. If the department is not the 27
petitioner and is required by the order to supervise the placement of 28
the child or provide services to any party, the department must also 29
agree to and sign the order. 30
(b) Entry of any stipulated or agreed order of dependency or 31
disposition is subject to approval by the court. The court shall 32
receive and review a social study before entering a stipulated or 33
agreed order and shall consider whether the order is consistent with 34
the allegations of the dependency petition and the problems that 35
necessitated the child's placement in out-of-home care. No social 36
file or social study may be considered by the court in connection 37
with the fact-finding hearing or prior to factual determination, 38
except as otherwise admissible under the rules of evidence.39
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(c) Prior to the entry of any stipulated or agreed order of 1
dependency, the parent, guardian, or legal custodian of the child and 2
his or her attorney must appear before the court and the court within 3
available resources must inquire and establish on the record that:4
(i) The parent, guardian, or legal custodian understands the 5
terms of the order or orders he or she has signed, including his or 6
her responsibility to participate in remedial services as provided in 7
any disposition order; 8
(ii) The parent, guardian, or legal custodian understands that 9
entry of the order starts a process that could result in the filing 10
of a petition to terminate his or her relationship with the child 11
within the time frames required by state and federal law if he or she 12
fails to comply with the terms of the dependency or disposition 13
orders or fails to substantially remedy the problems that 14
necessitated the child's placement in out-of-home care;15
(iii) The parent, guardian, or legal custodian understands that 16
the entry of the stipulated or agreed order of dependency is an 17
admission that the child is dependent within the meaning of RCW 18
13.34.030 and shall have the same legal effect as a finding by the 19
court that the child is dependent by at least a preponderance of the 20
evidence, and that the parent, guardian, or legal custodian shall not 21
have the right in any subsequent proceeding for termination of 22
parental rights pursuant to this chapter or guardianship pursuant to 23
chapters [chapter] 13.36 or 11.130 RCW to challenge or dispute the 24
fact that the child was found to be dependent; and25
(iv) The parent, guardian, or legal custodian knowingly and 26
willingly stipulated and agreed to and signed the order or orders, 27
without duress, and without misrepresentation or fraud by any other 28
party. 29
If a parent, guardian, or legal custodian fails to appear before 30
the court after stipulating or agreeing to entry of an order of 31
dependency, the court may enter the order upon a finding that the 32
parent, guardian, or legal custodian had actual notice of the right 33
to appear before the court and chose not to do so. The court may 34
require other parties to the order, including the attorney for the 35
parent, guardian, or legal custodian, to appear and advise the court 36
of the parent's, guardian's, or legal custodian's notice of the right 37
to appear and understanding of the factors specified in this 38
subsection. A parent, guardian, or legal custodian may choose to 39
waive his or her presence at the in-court hearing for entry of the 40
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stipulated or agreed order of dependency by submitting to the court 1
through counsel a completed stipulated or agreed dependency fact-2
finding/disposition statement in a form determined by the Washington 3
state supreme court pursuant to General Rule GR 9. 4
(4) Immediately after the entry of the findings of fact, the 5
court shall hold a disposition hearing, unless there is good cause 6
for continuing the matter for up to fourteen days. If good cause is 7
shown, the case may be continued for longer than fourteen days. 8
Notice of the time and place of the continued hearing may be given in 9
open court. If notice in open court is not given to a party, that 10
party shall be notified by certified mail of the time and place of 11
any continued hearing. Unless there is reasonable cause to believe 12
the health, safety, or welfare of the child would be jeopardized or 13
efforts to reunite the parent and child would be hindered, the court 14
shall direct the department to notify those adult persons who: (a) 15
Are related by blood or marriage to the child in the following 16
degrees: Parent, grandparent, brother, sister, stepparent, 17
stepbrother, stepsister, uncle, or aunt; (b) are known to the 18
department as having been in contact with the family or child within 19
the past twelve months; and (c) would be an appropriate placement for 20
the child. Reasonable cause to dispense with notification to a parent 21
under this section must be proved by clear, cogent, and convincing 22
evidence. 23
The parties need not appear at the fact-finding or dispositional 24
hearing if the parties, their attorneys, the guardian ad litem, and 25
court-appointed special advocates, if any, are all in agreement.26
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p. 14 SB 6308