JuCR 2.1: PLACEMENT OF JUVENILE IN SHELTER CARE GENERALLY

(a) Without Court Order.

A juvenile may be placed in shelter care without court order if the juvenile has been taken into custody pursuant to RCW 13.34.055 or RCW 26.44.050.

(b) With Court Order.

A juvenile may be placed in shelter care with a court order if:

(1) A dependency petition has been filed pursuant to rule 3.2 and a motion has been made pursuant to section (c); or

(2) The juvenile has previously been found to be dependent, is the subject of a disposition order still in effect, and a motion has been made pursuant to section (c).

(c) Obtaining an Order to Take Child into Custody - Supporting Affidavit or Declaration Filed.

A request for an order pursuant to RCW 13.34.050 shall be by motion supported by an affidavit or declaration filed by the department in support of the petition setting forth specific factual information pursuant to RCW 13.34.050 and demonstrating a risk of imminent harm for the child.

(d) Obtaining an Order to Take Child into Custody - No Supporting Affidavit or Declaration Filed.

A request for an order pursuant to RCW 13.34.050 in which the department has not filed with the court a supporting affidavit or declaration shall not be approved until the parents have been provided notice and the opportunity to be heard.

Pursuant to 1998 C328 sec 1, amending RCW 13.34.050.

JuCR 2.2: RELEASE OF JUVENILE FROM SHELTER CARE WITHOUT HEARING

(a) If Shelter Care Is Without Court Order.

If a juvenile is taken into shelter care without a court order pursuant to RCW 13.34.055 or RCW 26.44.050, the juvenile shall be released unless a petition alleging dependency is filed within 72 hours (excluding Sundays and holidays) after taking the juvenile into custody.

(b) If Shelter Care Is With Court Order.

If a juvenile is taken into shelter care pursuant to a court order, the juvenile shall be released unless an order authorizing continued shelter care is entered within 72 hours (excluding Sundays and holidays) after the juvenile is taken into custody.

JuCR 2.3: RIGHT TO AND NOTICE OF SHELTER CARE HEARING

(a) Notice of Right to Shelter Care Hearing.

The notice of the right to request a shelter care hearing required by RCW 13.34.060 shall be given to the child, his or her parents, guardian, or custodian as soon as possible and in no event longer than 24 hours of the taking into custody of the child, and in accordance with rule 11.2.

(b) Shelter Care Hearing Required.

The court shall hold a shelter care hearing within 72 hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, that such waiver is knowing and voluntary.

(c) Notice of Shelter Care Hearing.

The notice required by RCW 13.34.060(2) shall be given in accordance with rule 11.2. The notice shall inform the parents, guardian, or custodian of their right to a lawyer as provided in Title 9 of these rules.

(d) Indian Children.

If the petitioner knows or has reason to know that the juvenile is an Indian child as defined by the federal Indian Child Welfare Act, the petitioner shall notify the child's tribe in the manner required by RCW 13.34.070(10) and 25 U.S.C. 1912.

JuCR 2.4: PROCEDURE AT SHELTER CARE HEARING

(a) Inform Parties of Rights.

The court shall inform the parties of their rights as set forth in RCW 13.34.090 and in Titles 2, 3, and 9 of these rules. The court may continue the hearing if the parties have been unable to retain a lawyer or have been unable to have a lawyer appointed for them.

(b) Hearing and Decision.

The court shall hold the hearing on the question of shelter care in accordance with RCW 13.34.060 and RCW 13.34.090. The court shall make its decision in accordance with RCW 13.34.060.

(c) Release of Juvenile on Conditions.

The court may release the juvenile on those conditions it deems appropriate. As provided in RCW 13.34.060, the conditions may be modified upon notice to the parties given in accordance with rule 11.2 and after a hearing. Statutory references are broadened to streamline the need for updating.

JuCR 2.5: AMENDMENT OF SHELTER CARE ORDER

The court may amend a shelter care order as provided in RCW 13.34.060(10) at a hearing held after notice to the parties given in accordance with rule 11.2. Any party may move to amend a shelter care order.