LJuCR 3.15 Juvenile Authority Over Family Law Matters
Local Juvenile Court Rule - Dependency Proceedings
(a) Granting of Concurrent Jurisdiction.
(b) Scope of Concurrent Jurisdiction. Any Juvenile Court order granting concurrent jurisdiction shall be cross-filed under the RCW Title 26 action cause number and may, after notice, hearing, and entry of an appropriate protective order in Juvenile Court, authorize access to the Juvenile Court legal file and to any files and records maintained by the petitioning or supervising agency or the CASA of the child or children. A grant of concurrent jurisdiction shall not confer party status in the RCW Title 26 action on the petitioning or supervising agency in the dependency proceeding.
(c) Authority of Juvenile Court to Hear and Determine Family Law Issues.
(1) Juvenile Court may hear and determine RCW Title 26 issues in a dependency proceeding as necessary to facilitate a permanency plan for the child or children in the following circumstances:
(A) Agreed Issues: As part of a dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency plan of care for a child and dismiss the dependency, the parents, guardians, or legal custodians of the child may agree subject to Juvenile Court approval to establish a parenting plan, a non-parental custody order, or modify a previously entered parenting plan in order to resolve issues of residential placement and/or visitation between them. Such agreed parenting plan, non-parental custody order, or modification thereof, must have the concurrence of the other parties to the dependency including the supervising agency, the CASA of the child, and the child if age 12 or older, and the court must find such action to be in the best interest of the child.
(i) For purposes of orders entered pursuant to this section (“agreed orders”) a parent who was defaulted or has failed to respond in the ongoing dependency action may also be defaulted in the title 26 action if that parent does not appear or respond.
(B) Contested Issues: Following a fact-finding hearing on the dependency petition and a finding by Juvenile Court that a child has been abused or neglected or otherwise subject to such treatment or condition that it is in the best interest of the child, the Juvenile Court may enter a parenting plan, a non-parental custody order, or modify an existing parenting plan, in order to resolve issues of residential placement and/or visitation between the parents, guardians or legal custodians of the child and to implement a permanency plan of care for said child when doing so will result in dismissal of the dependency.
(i) Juvenile Court may enter an amended case schedule in the parenting or non-parental custody action as needed to resolve the issues presented.
(ii) Any party may move the court to transfer the parental or non-parental custody action to the family law department of superior court for further resolution. The court may only grant the motion upon entry of a written finding that it is in the best interest of the child.
(C) In any parenting plan entered or modified in Juvenile Court pursuant to this rule, all issues pertaining to division of marital property shall be referred to or retained by the Family Law Department of King County Superior Court or the appropriate court in other counties. Issues of child support should be referred to or retained by the Family Law Department of King County Superior Court or the appropriate court in other counties but may be resolved by the Juvenile Court.
(D) Any Juvenile Court order determining RCW Title 26 issues is subject to modification upon the same showing and same standards as a Family Law Court order determining Title 26 issues.
(2) Any pleadings filed in Juvenile Court establishing or modifying a parenting plan, or establishing a non-parental custody order shall be cross-filed in the RCW Title 26 action in the Family Law Department of King County Superior Court or in the appropriate court in other counties by the prevailing party, and if the petitioning or moving party has been found indigent and appointed counsel at public expense in the dependency proceeding, no filing fee shall be imposed by the clerk. Once filed in the RCW Title 26 action, any order establishing or modifying a parenting plan, or establishing a non-parental custody order shall survive the dismissal of the dependency proceeding. Juvenile Court may retain jurisdiction as long as is necessary to protect the child.
(3) Whenever the court is asked to establish or modify a parenting plan or non-parental custody order under this section, and in accordance with RCW 26.12.175 and 26.12.177, the court may appoint a guardian ad litem to represent the interests of the child when the court believes the appointment is necessary to protect the best interests of the child. In accordance with RCW 26.09.110, the court may appoint an attorney to represent the interests of the child with respect to provisions for the parenting or non-parental custody plan.
[Effective September 1, 1995; amended effective September 1, 2005; September 1, 2009; formerly LJuCR 3.16, renumbered and amended effective September 2, 2013.]
(b) Scope of Concurrent Jurisdiction. Any Juvenile Court order granting concurrent jurisdiction shall be cross-filed under the RCW Title 26 action cause number and may, after notice, hearing, and entry of an appropriate protective order in Juvenile Court, authorize access to the Juvenile Court legal file and to any files and records maintained by the petitioning or supervising agency or the CASA of the child or children. A grant of concurrent jurisdiction shall not confer party status in the RCW Title 26 action on the petitioning or supervising agency in the dependency proceeding.
(c) Authority of Juvenile Court to Hear and Determine Family Law Issues.
(1) Juvenile Court may hear and determine RCW Title 26 issues in a dependency proceeding as necessary to facilitate a permanency plan for the child or children in the following circumstances:
(A) Agreed Issues: As part of a dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency plan of care for a child and dismiss the dependency, the parents, guardians, or legal custodians of the child may agree subject to Juvenile Court approval to establish a parenting plan, a non-parental custody order, or modify a previously entered parenting plan in order to resolve issues of residential placement and/or visitation between them. Such agreed parenting plan, non-parental custody order, or modification thereof, must have the concurrence of the other parties to the dependency including the supervising agency, the CASA of the child, and the child if age 12 or older, and the court must find such action to be in the best interest of the child.
(i) For purposes of orders entered pursuant to this section (“agreed orders”) a parent who was defaulted or has failed to respond in the ongoing dependency action may also be defaulted in the title 26 action if that parent does not appear or respond.
(B) Contested Issues: Following a fact-finding hearing on the dependency petition and a finding by Juvenile Court that a child has been abused or neglected or otherwise subject to such treatment or condition that it is in the best interest of the child, the Juvenile Court may enter a parenting plan, a non-parental custody order, or modify an existing parenting plan, in order to resolve issues of residential placement and/or visitation between the parents, guardians or legal custodians of the child and to implement a permanency plan of care for said child when doing so will result in dismissal of the dependency.
(i) Juvenile Court may enter an amended case schedule in the parenting or non-parental custody action as needed to resolve the issues presented.
(ii) Any party may move the court to transfer the parental or non-parental custody action to the family law department of superior court for further resolution. The court may only grant the motion upon entry of a written finding that it is in the best interest of the child.
(C) In any parenting plan entered or modified in Juvenile Court pursuant to this rule, all issues pertaining to division of marital property shall be referred to or retained by the Family Law Department of King County Superior Court or the appropriate court in other counties. Issues of child support should be referred to or retained by the Family Law Department of King County Superior Court or the appropriate court in other counties but may be resolved by the Juvenile Court.
(D) Any Juvenile Court order determining RCW Title 26 issues is subject to modification upon the same showing and same standards as a Family Law Court order determining Title 26 issues.
(2) Any pleadings filed in Juvenile Court establishing or modifying a parenting plan, or establishing a non-parental custody order shall be cross-filed in the RCW Title 26 action in the Family Law Department of King County Superior Court or in the appropriate court in other counties by the prevailing party, and if the petitioning or moving party has been found indigent and appointed counsel at public expense in the dependency proceeding, no filing fee shall be imposed by the clerk. Once filed in the RCW Title 26 action, any order establishing or modifying a parenting plan, or establishing a non-parental custody order shall survive the dismissal of the dependency proceeding. Juvenile Court may retain jurisdiction as long as is necessary to protect the child.
(3) Whenever the court is asked to establish or modify a parenting plan or non-parental custody order under this section, and in accordance with RCW 26.12.175 and 26.12.177, the court may appoint a guardian ad litem to represent the interests of the child when the court believes the appointment is necessary to protect the best interests of the child. In accordance with RCW 26.09.110, the court may appoint an attorney to represent the interests of the child with respect to provisions for the parenting or non-parental custody plan.
[Effective September 1, 1995; amended effective September 1, 2005; September 1, 2009; formerly LJuCR 3.16, renumbered and amended effective September 2, 2013.]