13.36.050 - Court order to establish guardianship -- Contents -- Custody, rights, and duties -- Funds, benefits -- Dismissal of dependency -- Letter.

Court order to establish guardianship — Contents — Custody, rights, and duties — Funds, benefits — Dismissal of dependency — Letter.

(1) If the court has made the findings required under RCW 13.36.040, the court shall issue an order establishing a guardianship for the child. If the guardian has not previously intervened, the guardian shall be made a party to the guardianship proceeding upon entry of the guardianship order. The order shall:

     (a) Appoint a person to be the guardian for the child;

     (b) Specify the guardian's rights and responsibilities concerning the care, custody, control, and nurturing of the child;

     (c) Specify the guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child;

     (d) Specify an appropriate frequency and type of contact between the parent or parents and the child, if applicable, and between the child and his or her siblings, if applicable; and

     (e) Specify the need for and scope of continued oversight by the court, if any.

     (2) The guardian shall maintain physical and legal custody of the child and have the following rights and duties under the guardianship:

     (a) Duty to protect, nurture, discipline, and educate the child;

     (b) Duty to provide food, clothing, shelter, education as required by law, and health care for the child, including but not limited to, medical, dental, mental health, psychological, and psychiatric care and treatment;

     (c) Right to consent to health care for the child and sign a release authorizing the sharing of health care information with appropriate authorities, in accordance with state law;

     (d) Right to consent to the child's participation in social and school activities; and

     (e) Duty to notify the court of a change of address of the guardian and the child. Unless specifically ordered by the court, however, the standards and requirements for relocation in chapter 26.09 RCW do not apply to guardianships established under this chapter.

     (3) If the child has independent funds or other valuable property under the control of the guardian, the guardian shall provide an annual written accounting, supported with appropriate documentation, to the court regarding receipt and expenditure by the guardian of any such funds or benefits. This subsection shall not be construed to require a guardian to account for any routine funds or benefits received from a public social service agency on behalf of the child.

     (4) The guardianship shall remain in effect until the child reaches the age of eighteen years or until the court terminates the guardianship, whichever occurs sooner.

     (5) Once the dependency has been dismissed pursuant to RCW 13.36.070, the court shall not order the department or other supervising agency to supervise or provide case management services to the guardian or the child as part of the guardianship order.

     (6) The court shall issue a letter of guardianship to the guardian upon the entry of the court order establishing the guardianship under this chapter.

[2010 c 272 § 5.]