Shelter Care Hearing Order {JU 02.0200}

Shelter Care Hearing Order (SCOR) - Page 1 of 10 WPF JU 02.0200 (07/2018) - JuCR 2.1, 2.3, 2.4; RCW 13.34.062, .065 Superior Court of Washington County of Juvenile Court Dependency of: D.O.B.: No : Shelter Care Hearing Order Agreed as to mother father other Contested as to mother father other Default as to mother father other (SCOR) Clerk222s A ction Required. Para. 3.5 (EDL), 3.10 The parties shall: Hold a case conference/: On: (Date) at a.m./p.m. At: Address: Not hold a case conference at this time because the parent did not appear at shelter care did not want to participate. The court shall: Conduct a hearing: On: (Date) at a.m./p.m. At: Court, Room/Department: Address: I. Hearing 1.1 Petition: A dependency petition was filed in this matter on [Date] by DCYF Other . The child was removed from the parents222 care on (Date) by court order protective custody hospital/doctor hold voluntary placement agreement. The court held a shelter care hearing on this date or on (Date). American LegalNet, Inc. www.FormsWorkFlow.com Shelter Care Hearing Order (SCOR) - Page 2 of 10 WPF JU 02.0200 (07/2018) - JuCR 2.1, 2.3, 2.4; RCW 13.34.062, .065 1.2 Appearance: The following persons appeared at the hearing: Child Child's Lawyer Mother Mother's Lawyer Father Father's Lawyer Alleged Father Alleged Father Guardian or Legal Custodian Guardian's or Legal Custodian's Lawyer Child's GAL/CASA GAL's Lawyer DCYF Worker DCYF222s Lawyer Tribal Representative Current Caregiver Interpreter for mother father Other other 1.3 Basis: The court considered the dependency petition, declarations, testimony, if any, and the relevant court records. The child is 12 years old or older and the court made the inquiry required by RCW 13.34.100(6). II. Findings 2.1 Notice: The petitioner gave adequate notice as required under RCW 13.34.062 to the mother father child if age 12 or older guardian legal custodian other: The petitioner has has not made reasonable efforts to provide notice to the mother father child guardian legal custodian other: and to inform them of their rights. 2.2 Child222s Indian Status: The court asked each participant on the record whether the participant knows or has reason to know that the child is an Indian child. The petitioner has has not made a good faith effort to determine whether the child is an Indian Child. Based upon the following, there is not a reason to know the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. 247 1903(4), and the Federal and Washington State Indian Child Welfare Acts do not apply to this proceeding: Based upon the following information currently available to the court, there is reason to know the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. 247 1903(4), and the Federal and Washington State Indian Child Welfare Acts do apply to this proceeding, unless and until it is determined on the record that the child does not meet the definition of an Indian child: Based upon the following, the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. 247 1903(4), and the Federal and Washington State Indian Child Welfare Acts do apply to this proceeding: American LegalNet, Inc. www.FormsWorkFlow.com Shelter Care Hearing Order (SCOR) - Page 3 of 10 WPF JU 02.0200 (07/2018) - JuCR 2.1, 2.3, 2.4; RCW 13.34.062, .065 The petitioner has has not made preliminary efforts to notify all tribes to which the petitioner or court knows or has reason to know the child may be a member or eligible for membership of this proceeding. 2.3 Rights: The parties present at the hearing were informed of their rights pursuant to RCW 13.34.065 and 13.34.090. 2.4 Waiver of Shelter Care Hearing: The mother father guardian legal custodian requested a waiver of the shelter care hearing. The court determined that the parent, guardian, or legal custodian was was not represented by an attorney and the waiver of the shelter care hearing was knowing and voluntary. 2.5 Shelter Care Factors: The court considered the following factors: (a) What services DCYF provided to the family to prevent or eliminate the need for removal of the child from the child222s home. If lack of suitable housing was a significant factor in removal of the child, whether DCYF provided housing assistance to the family. (b) Whether the child can be safely returned to the home pending the dependency fact-finding hearing. (c) Whether restraining orders or orders excluding an allegedly abusive household member from the house of a nonabusive parent, guardian, or legal custodian, will allow the child to safely remain in the home. (d) What efforts DCYF made to place the child with a relative or other suitable person known to the child and with whom the child has a relationship. The court inquired whether DCYF has discussed this issue with the parents. (e) Whether the placement proposed by DCYF is the least disruptive and most family-like setting that meets the needs of the child. (f) Appointment of an attorney or guardian ad litem for the child222s parent, guardian, or legal custodian, or for the child. (g) The terms and conditions for parental, sibling, and family visits. 2.6 Reasonable Efforts: Petitioner made reasonable efforts to prevent or eliminate the need for removal of the child from the child222s home. For the reasons set forth in the dependency petition, supporting declarations and affidavits, and/or the testimony presented to the court: The risk of imminent harm to the child as assessed by petitioner establishes reasonable cause for the continued out-of-home placement of the child pending the fact finding hearing; and/or Specific services offered or provided to the parent(s) have been unable to remedy the unsafe conditions in the home and make it possible for the child to return home; and/ or Returning the child to the home would seriously endanger the child222s health, safety, and welfare. Additional reasonable efforts findings: American LegalNet, Inc. www.FormsWorkFlow.com Shelter Care Hearing Order (SCOR) - Page 4 of 10 WPF JU 02.0200 (07/2018) - JuCR 2.1, 2.3, 2.4; RCW 13.34.062, .065 2.7 Shelter Care: The court does not find reasonable cause to believe that shelter care is needed. It is currently contrary to the welfare of the child to remain in or return home. The child is in need of shelter care because there is reasonable cause to believe: The child has no parent, guardian, or legal custodian to provide supervision or care for such child; and/or The release of the child would present a serious threat of substantial harm to the child; and/or The parent, guardian or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070. The child is or there is reason to know the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. 247 1903(4). The child is in need of shelter care to prevent imminent physical damage or harm to the child. 2.8 Placement: A relative or suitable person is available or willing to care for the child and to meet any special needs of the child or to facilitate the child222s visitation with siblings. Placement with the relative or other suitable person is in the child222s best interests. DCYF needs to further investigate the character and suitability of the proposed relative or other suitable person to determine if the placement is in the child222s best interests. Placement with the relative or other suitable person is not in the child222s best interests as there is reasonable cause to believe that placement of the child with the relative or suitable person would jeopardize the health, safety or welfare of the child hinder efforts to reunite the parent and child. A relative or suitable person is not available or willing to care for the child and to meet any special needs of the child or to facilitate the child222s visitation with siblings. DCYF made the following efforts toward placement with a relative or other suitable person: 2.9 Restraining Order: The court finds reasonable cause to believe that an incident of sexual or physical abuse has occurred and that a restraining order is necessary pursuant to RCW 26.44.063(2). A restraining order has been shall be entered pursuant