2005 Washington Revised Code RCW 13.34.138: Review hearings — Findings — Housing assistance. (Effective until January 1, 2007.)

(1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.

     (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.

     (b) If the child is not returned home, the court shall establish in writing:

     (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;

     (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;

     (iii) Whether there is a continuing need for placement and whether the placement is appropriate;

     (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;

     (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;

     (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;

     (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and

     (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.

     (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.

     (2) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.

     (3) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(3).

[2003 c 227 § 5; 2001 c 332 § 5; 2000 c 122 § 19.]

Intent -- 2003 c 227: See note following RCW 13.34.130. RCW 13.34.138 (1) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The initial review hearing shall be an in-court review and shall be set six months from the beginning date of the placement episode or no more than ninety days from the entry of the disposition order, whichever comes first. The initial review hearing may be a permanency planning hearing when necessary to meet the time frames set forth in RCW 13.34.145(3) or 13.34.134. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. This review shall consider both the agency's and parent's efforts that demonstrate consistent measurable progress over time in meeting the disposition plan requirements. The requirements for the initial review hearing, including the in-court requirement, shall be accomplished within existing resources. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.      (a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in RCW 13.34.130 no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.      (b) If the child is not returned home, the court shall establish in writing:      (i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;      (ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;      (iii) Whether there is a continuing need for placement and whether the placement is appropriate;      (iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;      (v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;      (vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;      (vii) Whether additional services, including housing assistance, are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and      (viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.      (c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.      (2)(a) In any case in which the court orders that a dependent child may be returned to or remain in the child's home, the in-home placement shall be contingent upon the following:      (i) The compliance of the parents with court orders related to the care and supervision of the child, including compliance with an agency case plan; and      (ii) The continued participation of the parents, if applicable, in available substance abuse or mental health treatment if substance abuse or mental illness was a contributing factor to the removal of the child.      (b) The following may be grounds for removal of the child from the home, subject to review by the court:      (i) Noncompliance by the parents with the agency case plan or court order;      (ii) The parent's inability, unwillingness, or failure to participate in available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect; or      (iii) The failure of the parents to successfully and substantially complete available services or treatment for themselves or the child, including substance abuse treatment if a parent's substance abuse was a contributing factor to the abuse or neglect.      (3) The court's ability to order housing assistance under RCW 13.34.130 and this section is: (a) Limited to cases in which homelessness or the lack of adequate and safe housing is the primary reason for an out-of-home placement; and (b) subject to the availability of funds appropriated for this specific purpose.      (4) The court shall consider the child's relationship with siblings in accordance with RCW 13.34.130(3). [2005 c 512 § 3; 2003 c 227 § 5; 2001 c 332 § 5; 2000 c 122 § 19.] Notes: 26.44.100.      Intent -- 2003 c 227: See note following RCW 13.34.130.