Title 5 - Proceedings For Alternative Residential Placement
JuCR 5.1: INVOKING JURISDICTION OF JUVENILE COURT
Juvenile court jurisdiction is invoked over a proceeding for a child in need of services by filing a petition.
JuCR 5.2: PLEADINGS
A petition requesting an out-of-home placement, conforming to the requirements of rule 3.3, may be filed by a child or a child's custodial parent, legal custodian, or guardian pursuant to RCW 13.32A.030(13), RCW 13.32A.120(2) or (3), RCW 13.32A.150, or by the Department of Social and Health Services pursuant to RCW 13.32A.140.
The petition shall be filed in the county where the custodial parent, legal custodian, or guardian resides.
(c) Amendment of Petition.
A petition may be amended as provided in rule 3.5.
A party may answer a petition as provided in rule 3.6.
JuCR 5.3: SCHEDULING OF FACT-FINDING HEARING
When a proper petition has been filed, pursuant to RCW 13.32A.160 the court shall schedule a fact-finding hearing upon the question of out-of-home placement. For a child who resides in a place other than his or her parent's home and other than an out- of-home placement as defined in RCW 13.32A.030, a hearing shall be held within 5 calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the preceding judicial day. For a child living at home or in an out-of-home placement, a hearing shall be held within 10 days.
JuCR 5.4: NOTICE OF FACT-FINDING HEARING
The notice required by RCW 13.32A.160 shall be given in accordance with rule 11.2. The notice shall also include the following:
(1) Right to Lawyer. A statement advising the parents of their right to be represented by a lawyer at the hearing and, if the parents are indigent, that one will be appointed for them in accordance with rule 9.2;
(2) Consequences of Petition Approval. A statement advising the parties that if the court approves the petition, the child will be placed in a residence outside the parental home as determined by the court or by the Department of Social and Health Services, and that the parents will not be relieved of financial responsibility for the child unless the parents oppose placement and continuously seek reconciliation with and return of the child;
(3) Consequences of Petition Disapproval. A statement advising the parties that if the court disapproves the petition, the court will order the child to remain at or return to the home of his or her parent;
(4) Right To Present Evidence. A statement advising the parties that they will be allowed to present evidence at the hearing on the petition.
JuCR 5.5: PROCEDURE AT FACT-FINDING HEARING
The fact-finding hearing to consider a proper child in need of services petition shall be held in accordance with RCW 13.32A.170.
JuCR 5.6: DISPOSITION HEARING
A disposition hearing shall be held within 14 days after approval of a temporary out-of-home placement.
The notice of the disposition hearing required by RCW 13.32A.179(1) shall be given to the parties and to the Department of Social and Health Services in accordance with rule 11.2.
The hearing to consider the disposition plan shall be held in accordance with RCW 13.32A.179.
JuCR 5.7: REVIEW HEARING
The court shall schedule a review of a dispositional order of an out-of-home placement within 3 months of the placement. The notice of the review hearing required by RCW 13.32A.190 may be given to the parties at the placement hearing, or they may be notified in accordance with rule 11.2. The hearing shall be conducted in accordance with RCW 13.32A.190.