LJuCR 2.3 Right To and Notice of Shelter Care Hearing
Local Juvenile Court Rule - Shelter Care Proceedings
(a) Notice of Right to Shelter Care Hearing. The notice of the 72-hour and 30-day shelter care hearings shall be given to the child's parents, guardians, or legal custodians, and child’s Tribe as soon as reasonably possible after the child is taken into custody. Notice may be made by any means reasonably certain of notifying the parents, guardians or custodians of the child, and child’s Tribe, including but not limited to written, telephone or in person communication and shall specify the time and place of the hearing, the right to an attorney and the general allegations of the petition or motion to take child into custody. Proof of notice or of attempts to provide notice of the hearings shall be made by testimony, written declaration or affidavit and submitted for the legal file at the 72-hour hearing. Notice shall also be given to children age 12 and over and they shall be advised of their right to attend the hearings and their right to be represented by an attorney. If a child age 12 and over wishes to attend the 72-hour or 30-day shelter care hearing, the agency having custody of the child shall be responsible for arranging transportation for the child.
(b) Shelter Care Hearing Required. The party filing a dependency petition and setting a 72-hour shelter care hearing shall at the time of filing the petition also set a second shelter care hearing to be held on the Juvenile Court "Contested Calendar." within 30 days of the 72-hour shelter care hearing and a fact finding hearing to be held at King County Superior Court within 75 days of the filing of the petition. The Clerk shall issue a case schedule and a notice and summons pursuant to RCW 13.34.070 for a pretrial hearing and a fact finding hearing, setting the fact finding hearing within 75 days of the petition being filed. In all dependency cases filed, the petitioner shall be responsible for ensuring service of the summons and notice on all necessary parties.
(c) Notice of Shelter Care Hearing. The petition and/or motion to take child into custody, the notice of custody and rights required by RCW 13.34.062 and the notice and summons for the fact- finding hearing shall be served on the parents, guardians or legal custodians, child’s Tribe and to any child age 12 and older as soon as reasonably possible and a receipt signed by the receiving party or a declaration or affidavit of service shall be filed in the legal file. If the notice and summons for the pretrial and fact finding hearings cannot be served on a required party prior to or at the 72-hour hearing, it must be served as soon as possible pursuant to the requirements of RCW 13.34.070, 13.34.080, and 13.38.070.
(d) Indian Children. (Reserved)
(e) Notice to Attorneys of Record. Where there is already a previously assigned or retained attorney of record for any party, including an attorney or CASA for the child, in a dependency proceeding presently pending in Juvenile Court, they shall be provided notice of the shelter care and fact finding hearings no later than 24 hours prior to the 72-hour shelter care hearing whenever reasonably possible.
(f) Courtesy Notice to Public Defender Agencies and CASA. The petitioning party in a dependency and/or the moving party for an order to take a child into custody shall make available an electronic copy of the petition and any resultant order to DPD, the CASA program, and contracted defense agencies responsible for providing attorney-of-the-day services on the day the petition is filed. The public defender office and CASA program shall be responsible for obtaining said copies.
(g) Continuances of the 72-Hour Hearing. Any person or agency entitled to such notice as set forth above may move for a continuance of the 72-hour hearing if it appears they did not receive timely notice of the hearing. A continuance may be granted by the Court under such conditions as shall ensure the safety and well-being of any child subject to the proceeding. If a child remains in the home of a parent, guardian or legal custodian, the Court may allow the parties to continue the initial shelter care hearing to a new date to be set no later than 14 days from the filing of the petition under such conditions as shall ensure the safety and well-being of any child subject to the proceedings.
(h) Subsequent Shelter Care Hearing for Unavailable Party. Whenever it appears that a parent, guardian, or legal custodian was unable to attend the initial shelter care hearing, such person may request a hearing by written application to the Court showing good cause for their inability to attend the initial hearing. The hearing on the question of whether good cause exists may be set on an emergency basis pursuant to LJuCR 3.13.(a) on the appropriate dependency’s calendar. Such subsequent hearing, if granted, shall be conducted within 72 hours of the request (excluding Saturdays, Sundays and holidays).
[Effective January 2, 1994; amended effective September 1, 2005; September 2, 2013; September 1, 2016.]
(b) Shelter Care Hearing Required. The party filing a dependency petition and setting a 72-hour shelter care hearing shall at the time of filing the petition also set a second shelter care hearing to be held on the Juvenile Court "Contested Calendar." within 30 days of the 72-hour shelter care hearing and a fact finding hearing to be held at King County Superior Court within 75 days of the filing of the petition. The Clerk shall issue a case schedule and a notice and summons pursuant to RCW 13.34.070 for a pretrial hearing and a fact finding hearing, setting the fact finding hearing within 75 days of the petition being filed. In all dependency cases filed, the petitioner shall be responsible for ensuring service of the summons and notice on all necessary parties.
(c) Notice of Shelter Care Hearing. The petition and/or motion to take child into custody, the notice of custody and rights required by RCW 13.34.062 and the notice and summons for the fact- finding hearing shall be served on the parents, guardians or legal custodians, child’s Tribe and to any child age 12 and older as soon as reasonably possible and a receipt signed by the receiving party or a declaration or affidavit of service shall be filed in the legal file. If the notice and summons for the pretrial and fact finding hearings cannot be served on a required party prior to or at the 72-hour hearing, it must be served as soon as possible pursuant to the requirements of RCW 13.34.070, 13.34.080, and 13.38.070.
(d) Indian Children. (Reserved)
(e) Notice to Attorneys of Record. Where there is already a previously assigned or retained attorney of record for any party, including an attorney or CASA for the child, in a dependency proceeding presently pending in Juvenile Court, they shall be provided notice of the shelter care and fact finding hearings no later than 24 hours prior to the 72-hour shelter care hearing whenever reasonably possible.
(f) Courtesy Notice to Public Defender Agencies and CASA. The petitioning party in a dependency and/or the moving party for an order to take a child into custody shall make available an electronic copy of the petition and any resultant order to DPD, the CASA program, and contracted defense agencies responsible for providing attorney-of-the-day services on the day the petition is filed. The public defender office and CASA program shall be responsible for obtaining said copies.
(g) Continuances of the 72-Hour Hearing. Any person or agency entitled to such notice as set forth above may move for a continuance of the 72-hour hearing if it appears they did not receive timely notice of the hearing. A continuance may be granted by the Court under such conditions as shall ensure the safety and well-being of any child subject to the proceeding. If a child remains in the home of a parent, guardian or legal custodian, the Court may allow the parties to continue the initial shelter care hearing to a new date to be set no later than 14 days from the filing of the petition under such conditions as shall ensure the safety and well-being of any child subject to the proceedings.
(h) Subsequent Shelter Care Hearing for Unavailable Party. Whenever it appears that a parent, guardian, or legal custodian was unable to attend the initial shelter care hearing, such person may request a hearing by written application to the Court showing good cause for their inability to attend the initial hearing. The hearing on the question of whether good cause exists may be set on an emergency basis pursuant to LJuCR 3.13.(a) on the appropriate dependency’s calendar. Such subsequent hearing, if granted, shall be conducted within 72 hours of the request (excluding Saturdays, Sundays and holidays).
[Effective January 2, 1994; amended effective September 1, 2005; September 2, 2013; September 1, 2016.]