13.32A.170 - Out-of-home placement -- Fact-finding hearing.

Out-of-home placement — Fact-finding hearing.

(1) The court shall hold a fact-finding hearing to consider a proper child in need of services petition, giving due weight to the intent of the legislature that families have the right to place reasonable restrictions and rules upon their children, appropriate to the individual child's developmental level. The court may appoint legal counsel and/or a guardian ad litem to represent the child and advise parents of their right to be represented by legal counsel. At the commencement of the hearing, the court shall advise the parents of their rights as set forth in RCW 13.32A.160(1). If the court approves or denies a child in need of services petition, a written statement of the reasons must be filed.

     (2) The court may approve an order stating that the child shall be placed in a residence other than the home of his or her parent only if it is established by a preponderance of the evidence, including a departmental recommendation for approval or dismissal of the petition, that:

     (a) The child is a child in need of services as defined in RCW 13.32A.030(5);

     (b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;

     (c) Reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and

     (d) A suitable out-of-home placement resource is available.

     The court may not grant a petition filed by the child or the department if it is established that the petition is based only upon a dislike of reasonable rules or reasonable discipline established by the parent.

     The court may not grant the petition if the child is the subject of a proceeding under chapter 13.34 RCW.

     (3) Following the fact-finding hearing the court shall: (a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period not to exceed fourteen days pending approval of a disposition decision to be made under RCW 13.32A.179(2); (b) approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; or (c) dismiss the petition.

     At any time the court may order the department to review the case to determine whether the case is appropriate for a dependency petition under chapter 13.34 RCW.

[2000 c 123 § 20; 1996 c 133 § 23; 1995 c 312 § 18; 1989 c 269 § 3; 1987 c 524 § 1; 1985 c 257 § 10; 1984 c 188 § 1; 1981 c 298 § 12; 1979 c 155 § 31.]

Notes: Findings -- Short title -- Intent -- Construction -- 1996 c 133: See notes following RCW 13.32A.197.

Short title -- 1995 c 312: See note following RCW 13.32A.010.

Severability -- 1985 c 257: See note following RCW 13.34.165.

Severability -- 1981 c 298: See note following RCW 13.32A.040.

Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.