LJuCR 4.3 Notice of Termination Hearings
Local Juvenile Court Rule - Proceedings to Terminate Parent-Child Relationship
(a) Generally. Notice and Summons & Notice to Counsel.
(1) Notice and Summons. A notice and summons of the preliminary hearing and termination fact finding hearing shall be issued by the Clerk of the Court or petitioner and served by the petitioner along with a copy of the termination petition and order setting case schedule on all parties, including a child who at the time of the scheduled termination fact finding hearing will be age 12 or over, in the manner defined by RCW 13.34.070 or published in the manner defined by RCW 13.34.080.
(2) Notice to Counsel. In all cases where a party is represented by counsel in the underlying dependency action, the petitioner shall also provide counsel with a copy of the petition, notice and summons, and order setting case schedule. If the youth is age twelve (12) or older and not represented by counsel, a copy shall be given to the Department of Public Defense for appointment of counsel for the youth.
(3) Advice to be contained in the Notice and Summons.
(A) The notice shall clearly state the date, time and place for the hearings and shall contain an advisement of rights substantially conforming to the requirements of RCW 13.34.180 for termination petitions, the requirements of RCW 13.36.030 for guardianship petitions, and RCW 13.34.062 and RCW 13.34.090 so as to inform the party of the right to a hearing before a Judge and to representation by a lawyer, including appointment of a lawyer to a party who cannot afford one.
(B) The notice and summons shall also advise the parties that failure to appear or otherwise plead or respond to the Petition shall be the basis for the Court to enter an Order of Default against that party.
(b) Indian Children. If the petitioner knows or has reason to know that the child involved is or may be an Indian child as defined in RCW 13.38, the petitioner shall notify the Tribe(s) in the manner required by RCW 13.34.070(10), 13.38.070 and 25 U.S.C. 1912.
(c) Case Schedule. Upon the filing of a termination petition, the Clerk of the Court will prepare and file an order setting case schedule and provide one copy to the petitioner. The petitioner shall serve a copy of the case schedule on all parties as provided in these rules. The case schedule shall be in a format set by the Court and shall set the termination fact finding hearing no more than 150 days after the filing of the termination petition. The case schedule will also identify the designated dependency judge to whom the termination fact finding hearing is assigned.
(d) Preliminary Hearing. The case schedule will set a preliminary hearing on the termination petition no more than 90 days after the filing of the petition. The preliminary hearing shall be set on the appropriate dependency calendar and the Court shall determine whether any party shall be found in default and an order of termination of the parent-child relationship entered as to that party.
Nothing in this rule shall preclude any party from noting any additional motions prior to the pretrial hearing pursuant to local or civil rule, and shall be set on the appropriate dependency calendar.
[Effective January 2, 1994; amended effective July 1, 1994; August 20, 1998; September 1, 2005; January 1, 2006; September 2, 2013; September 1, 2016.]
(1) Notice and Summons. A notice and summons of the preliminary hearing and termination fact finding hearing shall be issued by the Clerk of the Court or petitioner and served by the petitioner along with a copy of the termination petition and order setting case schedule on all parties, including a child who at the time of the scheduled termination fact finding hearing will be age 12 or over, in the manner defined by RCW 13.34.070 or published in the manner defined by RCW 13.34.080.
(2) Notice to Counsel. In all cases where a party is represented by counsel in the underlying dependency action, the petitioner shall also provide counsel with a copy of the petition, notice and summons, and order setting case schedule. If the youth is age twelve (12) or older and not represented by counsel, a copy shall be given to the Department of Public Defense for appointment of counsel for the youth.
(3) Advice to be contained in the Notice and Summons.
(A) The notice shall clearly state the date, time and place for the hearings and shall contain an advisement of rights substantially conforming to the requirements of RCW 13.34.180 for termination petitions, the requirements of RCW 13.36.030 for guardianship petitions, and RCW 13.34.062 and RCW 13.34.090 so as to inform the party of the right to a hearing before a Judge and to representation by a lawyer, including appointment of a lawyer to a party who cannot afford one.
(B) The notice and summons shall also advise the parties that failure to appear or otherwise plead or respond to the Petition shall be the basis for the Court to enter an Order of Default against that party.
(b) Indian Children. If the petitioner knows or has reason to know that the child involved is or may be an Indian child as defined in RCW 13.38, the petitioner shall notify the Tribe(s) in the manner required by RCW 13.34.070(10), 13.38.070 and 25 U.S.C. 1912.
(c) Case Schedule. Upon the filing of a termination petition, the Clerk of the Court will prepare and file an order setting case schedule and provide one copy to the petitioner. The petitioner shall serve a copy of the case schedule on all parties as provided in these rules. The case schedule shall be in a format set by the Court and shall set the termination fact finding hearing no more than 150 days after the filing of the termination petition. The case schedule will also identify the designated dependency judge to whom the termination fact finding hearing is assigned.
(d) Preliminary Hearing. The case schedule will set a preliminary hearing on the termination petition no more than 90 days after the filing of the petition. The preliminary hearing shall be set on the appropriate dependency calendar and the Court shall determine whether any party shall be found in default and an order of termination of the parent-child relationship entered as to that party.
Nothing in this rule shall preclude any party from noting any additional motions prior to the pretrial hearing pursuant to local or civil rule, and shall be set on the appropriate dependency calendar.
[Effective January 2, 1994; amended effective July 1, 1994; August 20, 1998; September 1, 2005; January 1, 2006; September 2, 2013; September 1, 2016.]