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Wash. Rev. Stat. § 13.70.110
Revised
Code of Washington
Title
13. Juvenile Courts and Juvenile Offenders
Chapter
13.70. Substitute Care of Children--Review Board System
§ 13.70.110. Child
in substitute care under dependency proceeding-- Procedures--Review
(1) This section shall apply to cases where a child has been placed in
substitute care pursuant to a proceeding under chapter 13.34 RCW.
(2)
Within forty-five days following commencement of the placement episode,
the court shall assign the child's case to a board and forward to the
board a copy of the dependency petition and any shelter care or dependency
disposition orders which have been entered in the case by the court.
(3)
The board shall review the case plan for each child whose case is assigned
to the board by the court. The review shall take place at times set by
the board.
The first review shall occur within ninety days following commencement
of the placement episode. The second review shall occur within six months
following commencement of the placement episode. The next review shall
occur within one year after commencement of the placement episode. Within
twelve months following commencement of the placement episode, a permanency
planning hearing shall be held before the court in accordance with RCW
13.34.145. Thereafter, the court shall assign the child's case for a board
review or a court review hearing pursuant to RCW 13.34.134. A board review
or a court review hearing shall take place at least once every six months
until the child is no longer within the jurisdiction of the court or no
longer in substitute care or until a guardianship order or adoption decree
is entered. After the permanency planning hearing, a court review hearing
must occur at least once a year as provided in RCW 13.34.138. The board
shall review any case where a petition to terminate parental rights has
been denied, and such review shall occur as soon as practical but no later
than forty-five days after the denial.
(4)
The board shall prepare written findings and recommendations with respect
to:
(a)
Whether reasonable efforts were made before the placement to prevent or
eliminate the need for removal of the child from the home, including whether
consideration was given to removing the alleged offender, rather than
the child, from the home;
(b)
Whether reasonable efforts have been made subsequent to the placement
to make it possible for the child to be returned home;
(c)
Whether the child has been placed in the least-restrictive setting appropriate
to the child's needs, including whether consideration has been given to
placement with the child's relatives;
(d)
Whether there is a continuing need for placement and whether the placement
is appropriate;
(e)
Whether there has been compliance with the case plan;
(f)
Whether progress has been made toward alleviating the need for placement;
(g)
A likely date by which the child may be returned home or other permanent
plan of care may be implemented; and
(h)
Other problems, solutions, or alternatives the board determines should
be explored.
(5)
Within ten working days following the review, the board shall send a copy
of its findings and recommendations to the parents and their attorneys,
the child's custodians and their attorneys, mature children and their
attorneys, other attorneys or guardians ad litem appointed by the court
to represent children, the department and other child placement agencies
directly responsible for supervising the child's placement, and any prosecuting
attorney or
attorney general actively involved in the case. If the child is an Indian
as defined in the Indian child welfare act, 25 U.S.C. Sec. 1901 et seq.,
a copy of the board's findings and recommendations shall also be sent
to the child's Indian tribe.
(6)
If the department is unable or unwilling to implement the board recommendations,
the department shall submit to the board, within ten working days after
receipt of the findings and recommendations, an implementation report
setting forth the reasons why the department is unable or unwilling to
implement the board's recommendations. The report will also set forth
the case plan which the department intends to implement.
(7)
Within forty-five days following the review, the board shall either:
(a)
Schedule the case for further review by the board; or
(b)
Submit to the court the board's findings and recommendations and the department's
implementation reports, if any. If the board's recommendations are different
from the existing court-ordered case plan, the board shall also file with
the court a motion for a review hearing.
(8)
Within ten days of receipt of the board's written findings and recommendations
and the department's implementation report, if any, the court shall review
the findings and recommendations and implementation reports, if any. The
court may on its own motion schedule a review hearing.
(9)
Unless modified by subsequent court order, the court-ordered case plan
and court orders that are in effect at the time that a board reviews a
case shall remain in full force and effect. Board findings and recommendations
are advisory only and do not in any way modify existing court orders or
court-ordered case plans.
(10)
The findings and recommendations of the board and the department's implementation
report, if any, shall become part of the department's case file and the
court social file pertaining to the child.
(11)
Nothing in this section shall limit or otherwise modify the rights of
any party to a dependency proceeding to request and receive a court review
hearing pursuant to the provisions of chapter 13.34 RCW or applicable
court rules.
CREDIT(S)
[2000 c 122 § 37;
1991 c 127 § 5; 1989 1st ex.s. c 17 § 13.]
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