Rule LJuCR 2.4 - PROCEDURE AT INITIAL SHELTER CARE HEARING(a)Inform Parties of Rights. The court shall inform parties of their rights as set forth in RCW 13.34.090. Any parent, guardian and/or legal custodian of the child, or child age 12 or older, who appears at the 72-hour hearing may be represented, at this hearing, by Court-appointed counsel regardless of financial status unless the party expressly waives this right or has retained counsel. (b)Hearing and Decision. At the 72-hour hearing the Court shall: (1) Determine whether those persons entitled to notice under RCW 13.34 and RCW 13.38 and these rules have received notice of custody and rights pursuant to RCW 13.34.060 and ensure that all parties are informed of their legal rights.(2) Receive evidence from the petitioner regarding efforts made to notify the parties to this action, and the child's Tribe and determine whether additional service of process or publication of notice is necessary. Any party to this action who was personally served notice and summons of the fact finding hearing pursuant to RCW 13.34.070 or who is present at the 72-hour hearing shall be deemed to have received timely and proper notice of the fact finding hearing.(3) Determine whether a CASA shall be appointed for the child.(4) Determine whether an attorney shall be appointed or a referral to the Department of Public Defense for screening be made for any party, including the child, in accordance with the provisions of LJuCR 2.0 and RCW 13.38.110.(5) Consider and approve agreements pertaining to custody and services pending the 30-day shelter care hearing. The parties may enter into and submit for Court approval an agreed shelter care order. Any such order, if signed by the parent and their attorney, shall constitute sufficient record that the waiver of the 72-hour hearing is knowing and voluntary if the order contains written notice of the rights of the parties to a court hearing and waiver thereof. Agreed orders which are presented without the signature of an attorney for any party must be approved by the Court with the parties present, at which time the Court will inquire into whether the order has been signed knowingly and voluntarily.(6) Release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian, unless the Court makes specific findings that the requirements of RCW 13.34.065(5) have been satisfied. The Court may order return of the child subject to specific conditions and/or provision of services.(7) Hear such evidence as may be presented by the parties as to the issues set forth in LJuCR 2.4(b)(6) and otherwise as to the need for shelter care, consistent with the requirements of RCW 13.34.065. All parties have the right to present evidence in the form of offers of proof, affidavits, statements, testimony, and arguments in the context of the reasonable cause standard.(8) Enter appropriate findings of fact as to whether the child and all persons with parental or custodial rights have received notice of the hearing and which of the material facts are undisputed. Notice must be given by any party moving to establish dependency at subsequent shelter care hearings upon a showing of undisputed facts sufficient to establish dependency pursuant to RCW 13.34.030(5).(9) Enter orders of protection or temporary restraining orders or preliminary injunctions pursuant to RCW 26.44 and 7.105 as may be necessary to protect the child or the person having custody of the child, or to allow a child to remain in the family home.(10) Order the necessary placement, conditions of visitation or contact with the child, services and other relief as necessary to protect the child's right to conditions of basic nurture, physical and mental health and safety. Specific conditions may be set by the Court to facilitate a return of the child or increased contact between parent and child, including assessments as provided by RCW 26.44.053. Upon request the Court may provide for an additional protective order regarding confidentiality of the assessment that does not violate the mandatory reporter provisions of RCW 26.44.(11) Termination of publication (T.O.P.) hearings shall be set by the petitioner and the Clerk of the Court at least 70 days in the future. It shall be the responsibility of the petitioner to show by the petition or other verified statement or certification that the identity or the whereabouts of a necessary party is unknown or that no other method of service is likely to be successful.(12) Alternate Dispute Resolution (ADR): The Court may order the case set for mediation, settlement conference, or other ADR process and may adjust the case schedule as necessary to accommodate the ADR schedule.King Cnty. Sup. L. Ct. R. LJuCR 2.4
Adopted effective 9/1/1983; Amended effective 1/2/1994; 3/20/1997; 9/1/2001; 9/1/2005; 9/2/2013; 9/1/2018; 9/1/2023.