Law & Policy for Caregivers

For general information about the child welfare system from beginning to end, please review Learn About the Child Welfare System. Reviewing that page first will help to put the information below into perspective.

On this page you will find information that all caregivers need to know under Permanency Planning for Caregivers. This section explains the law and provides some resources you can use to learn about the different ways that a dependency case can be resolved for a child. Hopefully, you will consider these alternatives as possibilities when helping a child in care find or return to a stable home.

Following that, you will find law and policy information specific to the different types of caregivers. This material is presented in question and answer form.

If you cannot find an answer to a law or policy question here, we would appreciate it if you would contact us so that we might consider your questions as we strive to improve this site.

As you read through this page, you will see references to the actual laws that govern the different issues. If you want to read the text of the law itself, click on these references. We link to the Washington State Legislature's Web site. For information on their update schedule go to Update Information at the bottom of this page.

• Permanency Planning for All Caregivers
• Law and Policy for Parents
• Law and Policy for Relatives
• Law and Policy for Foster Parents
• Law and Policy for Child Care Providers

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Permanency Planning for All Caregivers

Often, permanency planning is done through "concurrent planning." "Concurrent planning" means that a child will have a primary plan and an alternative plan, just in case the primary one does not become available to the child in a timely manner.

For example, some children have a primary plan that provides for the child's return home after the parent corrects the problems that led to the child's removal. The same child also may have an alternative plan of adoption. This means that, if the parent fails to correct the problems, the child may be adopted. With concurrent planning, the caseworker will be working on both plans at once in order to not waste time for the child. Therefore, the caseworker may work to place a child in a pre-adoptive home at the same time that he or she is providing services to the parents to help the child return. It is important in this type of concurrent planning that both the pre-adoptive family and the child's parents understand that both plans are at work at the same time.

To learn more about when permanency planning is done in the court process, you can go to our Learn About the Child Welfare System page and click on the Dependency Court Process — Disposition Flow Chart.

Different Paths to Permanence:
Children can find or return to a stable home through many different doors. Some of the best permanent plans happen outside of a dependency case and don't involve action by the department at all. There may be something you can do! If you are concerned about a child in care, it is important that you learn as much about the different paths to permanence as you can so that you can help a child to find his or her way home.
Time passes much differently for children. Good times fly and bad times last an eternity. We adults all remember how the first days of summer went quickly and the last days seemed to stretch on endlessly as we got bored. As teenagers, the gap in time between the fifteenth and sixteenth birthday took ages. There is no doubt that time moves more slowly for children, no matter what their age, and a year without a parent is an excruciating absence. A few weeks without a visit with a loved one is awful.

The child welfare system is powered by overworked adults with adult senses of time. Children need the help of everyone who cares about them to move beyond temporary fixes so that they can grow up secure in knowing that they are home.

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Legal Options

• Adoption
• Dependency Guardianship
• Third-Party Custody
• Long-term Relative or Foster Care
• Comparisons between Adoption, Guardianship, Third-Party Custody and Long-Term Relative or Foster Care
• Establishing or Modifying Parenting Plans

Adoption
Adoption is the process by which a child is taken in as a family member by a person or persons other than his or her birthparents. When a child is adopted, he or she is a full member of the adoptive family.

Review a great new Web site: The National Center for Adoption Law and Policy at the Capital University Law School. You will be required to register in order to search their Web site.

Here are some of the commonly asked questions regarding adoption in the child welfare system:

Who may adopt a dependent child?
Any person who is competent and eighteen years of age or over may file a petition to adopt a child. Adoption is not restricted to pre-adoptive foster parents. Relatives and any other appropriate adult may adopt a child in care. RCW 26.33.140(2).

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Closed adoptions do not provide for direct contact between the birthparents and adoptive family.

Both situations are recognized by Washington law and neither is required. RCW 26.33.295.

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However, the post-adoption contract is considered part of the adoption order. Therefore, the person who was entitled to some form of contact with the child under the contract can go to court have the agreement enforced.

Adoptive parents can ask the court to change the contract, if they can show that the change is in the child's best interest and exceptional circumstances have arisen that justify the change. If an adoptive parent denies contact and the court finds they acted against the best interests of the child or that no exceptional change of circumstances existed to justify the decision, then the court may order them to pay the costs of the legal action, including reasonable attorney's fees. RCW 26.33.295.

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If the parent does not voluntarily consent to the adoption, the court will listen to the parent's wishes with regard to the terms of the adoption but it does not have to give them any special consideration. RCW 13.34.125, and WAC 388-27-0055, WAC 388-27-0060 , WAC 388-27-0065, and WAC 388-27-0070.

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What information will I be allowed to have concerning the child's background prior to finalizing an adoption?
The department or agency responsible for facilitating the adoption is required to provide you with a comprehensive report concerning the child's family background and social history, which includes a history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to dependency or custody, or school reports. However, the information is to be provided in such a way as to not disclose the identity of the child's biological parents, unless there is a written open communication agreement between the birth and adoptive parents. RCW 26.33.380 and WAC 388-27-0035, WAC 388-27-0080, WAC 388-27-0085, WAC 388-27-0090, WAC 388-27-0100, and WAC 388-27-0105.

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What does it mean when they say that a child is "legally free" for adoption?
A child is "legally free" for adoption when his or her parents' rights have been terminated or relinquished. "Termination" refers to a court decision, after notice and hearing to the parent, that the parent no longer has any rights, duties or obligations towards the child. "Relinquishment" means that the parent has voluntarily agreed to place his or her child for adoption. Both parents' rights must either be terminated or relinquished before a child is "legally free" for adoption. RCW 13.34.200.

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How long does it take for a child to become "legally free" for adoption?
Every case is different. Most children in the dependency system will not become legally free for adoption until they have been in the system for a while. The child welfare system will usually give the child's parents an opportunity to improve their situation before the process to terminate parental rights starts. In all but the rarest cases, termination petitions will not be heard for at least six months after the child was found dependent. In most cases, the child must have been out of the parent's custody for at least six months before a termination petition will be heard. RCW 13.34180(1)(c).

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• Obtain an adoptive home study (also called a pre-placement report).
  • The home study consists of police background checks, reference checks, interviews with a social worker, and educational presentations.
  • The home study can be done by either public or private agencies. RCW 26.33.190.
• After the home study has been approved, you should register with the Washington Adoption Resource Exchange (WARE) and consult with the adoption agency assisting you if you do not yet have a child in your care. WARE is a publication that goes to adoption workers in public and private agencies around the state that have children in need of adoptive homes and families available for placement.
• If you are already caring for a foster child you want to adopt, you should speak with your social worker to let him or her know of your desires. There are steps within the department that must be completed, such as medical and family history disclosures, before the adoption petition can be filed.
• File an adoption petition in superior court. RCW 13.33.030.
• Assuming that the parents' rights have been terminated, there is no need to give them notice. However, notice must still go out to the agency or person with custody of the child as well as to the person or agency that prepared the pre-placement report. RCW 26.33.240.
• If the child is not already placed with you, there will be a hearing for the court to consider the pre-placement report and order placement. RCW 26.33.180 and RCW 26.33.230.
• A post-placement report is prepared to provide the court with information about how the child is doing in your home. RCW 26.33.200.
• A final adoption hearing is held during which the court determines whether the adoption is in the child's best interests and whether all of the necessary consents have either been obtained. If the child's best interests are served by the adoption and all of the consent issues are resolved, then the adoption decree is entered. RCW 26.33.240.

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Does the child have to consent to his or her adoption?
Any child fourteen years of age or older must sign a consent to his or her adoption. RCW 26.33.160(1)(a).

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If parental rights have been terminated by a court proceeding, the consent issue does not exist. In that case, an adoptive parent can know that the adoption decree is final after the appeal time has run. The time to file an appeal ordinarily runs out 30 days after the entry of the adoption decree. WA RAP 5.2(a).

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Is there any help for me to pay for the cost of an attorney to represent me in an adoption petition?
You will have to pay the upfront costs of the adoption but you may apply for reimbursement for those costs once the adoption is finalized. The state's Adoption Support Program will reimburse these and other one-time costs after the adoption is finalized. However, the department will only reimburse these one-time costs up to the amount of $1,500.00. WAC 388-27-0215, WAC 388-27-0380, and WAC 388-27-0385.

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To learn more, you can also go to the state's Adoption Support Program. For a policy study of the state's Adoption Support Program, see Washington State Institute for Public Policy.

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To learn more, go to the state's Adoption Support Program.

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How do I know that these services will continue after the adoption is finalized?
You and the department will enter into an agreement for services that will be presented to the court during the adoption proceeding. The court will review the agreement for adequacy and may make recommendations to the department for additional services if the court feels that the service agreement is not sufficient. RCW 26.33.320, and WAC 388-27-0170, WAC 388-27-0175, WAC 388-27-0185, and WAC 388-27-0190,

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The department can change the adoption support benefits if you lose contact with them or if you no longer are supporting the child. You should always remain in contact with the department and let them know of any changes in your circumstances regarding the child. You should also let the department know of any changes in your address. WAC 388-27-0200, and WAC 388-27-0205.

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• The child turns 18. If when the child turns 18, she or he has not completed high school or obtained a GED, you may apply to extend adoption support until he or she does. However, adoption support will never extend beyond the child's 21st birthday.
• You request that adoption support should end.
• You no longer have legal responsibility for the child.
• You are no longer providing financial support for the child.
• The child has died.
• The adoptive parents have died.

WAC 388-27-0210

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A dependency guardianship involves a child who is presently "dependent". There are other types of guardianships not covered on this Web site. See RCW 11.88.

How long does a guardianship last?
Guardianship is not as permanent as adoption. Rather, it is considered temporary and reversible because at any time someone can file a motion to change or end the guardianship. Guardianship legally ends when the child is 18. RCW 13.34.233.

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When will the court allow a guardianship?
A guardianship usually only be set up when it is inappropriate to continue trying to reunite the youth with family, but it is also inappropriate to terminate parental rights. Therefore, guardianship offers a middle-ground between reunification, in which all parental rights are preserved, and termination in which all parental rights are extinguished. Occasionally, a dependency guardianship will be set up for a legally free child if adoption is not desired. As always, the court will need to decide whether the guardianship is in the child's best interests. RCW 13.34.231.

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At what point in a dependency case will the court consider the possibility of a guardianship?
Before a petition to establish a dependency guardianship is granted, the court already must have found the child to be dependent and a disposition hearing must have been held. The child will have to be out of the home for at least six months before a petition will be granted and the court must be convinced that the department has offered all reasonable services to correct the parents' problems. RCW 13.34.231.

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Guardianship may also be appropriate for some older children who will not consent to adoption because they have significant emotional ties to their parents. RCW 13.34.230 and RCW 13.34.236.

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If the caseworker does not believe that you are appropriate, there are other parties to the case you can contact to raise the issue. You should talk to either of the parents and/or their attorneys. You can also talk to the attorney who represents the child, the CASA volunteer who represents the child's interests and/or the child's guardian ad litem.

It is possible that one of these parties may disagree with the caseworker and believe that you are an appropriate placement for the child. If one of them does, he or she may file the petition for guardianship. The department will receive notice of the petition and, at the hearing the caseworker will have the opportunity to present her side of the case as will you and all of the other parties to the case. RCW 13.34.230 and JuCR 3.11.

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• Protect, discipline, and educate the child.
• Provide food, clothing, shelter, education as required by law, and routine health care for the child.
• Consent to necessary medical, dental and mental health and surgical care and sign a release of health care information to appropriate authorities, pursuant to law.
• Consent to social and school activities of the child.
• Provide an annual written accounting to the court regarding receipt by the dependency guardian of any funds, benefits, or property belonging to the child and expenditures made.

You are NOT allowed to sign any consents for the child's adoption.

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If I become a child's guardian, will I lose the foster care payments I currently receive?
No. You may continue to receive foster care payments. However, if there is more than one source of payment that could support the child, such as SSI, and foster care payments, you must choose one or the other source of payment, but not both. RCW 13.34.234 and WAC 388-25-0080.

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If I become a child's guardian, can I start receiving foster care payments?
A dependency guardian can receive foster care payments at any time as long as he or she is licensed as a foster parent. RCW 13.34.234.

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If I become a dependency guardian, does the child lose his or her Medicaid coverage?
No. The child remains a dependent child and, thus, continues to receive the same medical, mental health and dental coverage. RCW 13.34.232(4).

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If I become a dependency guardian, is the child's dependency case dismissed?
No. The child remains a dependent child. RCW 13.34.232(4).

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Do the child's parents have any say over who the dependency guardian should be?
The child's parent is permitted to state his or her preferences to the court and the court will consider those preferences along with any other relevant evidence concerning the child's best interests. RCW 13.34.236.

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If I become the child's dependency guardian, do the child's parents have the right to see the child?
This is an issue that should be addressed in the dependency guardianship hearing and the court's decision should be in the dependency order. The order should say how often visitation will occur, whether the department will be involved with the visitation, and any other terms that are appropriate to the individual case. RCW 13.34.232.

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Over time, if I feel that the terms of the dependency order need to be changed to allow either more or less visitation, can I ask the court to do that?
Yes. A dependency guardianship can be changed if the court finds that there has been a substantial change in circumstances and it is in the best interest of the child to change the dependency order in any way. RCW 13.34.233(2).

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Becoming a dependency guardian does give you the right to participate in any hearings that do take place. Once you are established as a dependency guardian, you are considered a party to the case, which entitles you to notice of all hearings and the full right to participate. RCW 13.34.232(4).

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If I want to end my dependency guardianship before the child reaches 18, what do I do?
You can terminate your dependency guardianship by filing a motion in juvenile court in your child's case. The court will have a hearing on your motion. In order to have the dependency guardianship terminated, you will have to show that there has been a substantial change of circumstances since the establishment of the guardianship and that it is in the child's best interest to terminate the guardianship. RCW 13.34.233(2).

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Before you file a motion to terminate your guardianship, you should alert your child's caseworker of your intention to do so. If you are going to end your responsibility for the child, the caseworker will need time to find the child an alternative and appropriate place to live. It is also possible if you alert the caseworker to issues of concern that the caseworker may be able to strategize with you about ways that your concerns may be addressed and the guardianship continue. RCW 13.34.233(4).

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Third-party custody actions are sometimes referred to as "non-parental" or "permanent legal custody" actions. RCW 13.34.145; RCW 13.34.232(4); and RCW 26.10.170.

If I become a third-party custodian for a child, do I continue to receive foster care payments and does the child continue to receive his or her Medicaid coverage?
If the dependency is dismissed as a result of the third-party custody order, then no foster care payments will be made to the home of the custodian. As for medical coverage for the child, it is still possible that the child will be covered under Medicaid or CHIPS depending upon your family's economic circumstances or the child's medical condition.

To learn more about Medicaid and CHIPS, visit Parent Power's Health Insurance page.

Third Party Custody

• Your household may qualify for TANF (Temporary Assistance for Needy Families).
• Your household or the child may qualify for Medicaid coverage and/or CHIPS.
• You may qualify for food assistance.
• If the child suffers from a disability, she or he may qualify for SSI payments.
• If either of the child's parents is deceased, the child may be entitled to social security benefits from the deceased parent's account.
• If the child's parents' rights are not terminated, you may establish and attempt to collect a child support obligation from them.

To learn more about government benefit programs go to The Northwest Justice Project.

To see what benefits you might qualify for, go to Parent Power's Eligibility Wizard. Remember to include the dependent child you are considering for custody as a member of your household.

Third Party Custody

What if I find that I am having trouble managing the child's behavior after I have become the child's custodian?
In addition to the usual counseling suggested to help all families through rough times, you should know that the department does provide Family Preservation and Family Reconciliation Services. These services are available to all families in need of help with their children. WAC 388-32-0020; WAC 388-22-0025; and WAC 388-32-0030.

Third Party Custody

Some young people in care feel very strongly that they would like to be free of the system. They feel that it stigmatizes them or interferes too much in their lives. They want to have a "normal family" without court proceedings and social workers. These young people might prefer third-party custody because it will eventually allow their cases to be dismissed. Indeed, it is the goal of the child welfare system to have children's cases dismissed because they have been placed or returned to stable and safe families. However, before you move forward to third-party custody, you should think carefully about how the child's medical and financial needs will be addressed.

Third Party Custody

If you do not have the agreement of all of the parents, you have to follow these steps:

1. Have one of the parties who supports your desire to have third-party custody file a motion in juvenile court asking for permission for you to go to superior court to file a petition for non-parental custody. RCW 13.04.030. A hearing will be set to determine if the action is in the child's best interests. Because you are not a party to that case, you cannot file the motion yourself.
2. If the juvenile court gives you permission to file a non-parental custody petition, you must do it in superior court. You must serve the document on the department, any guardians and both parents unless parental rights have been terminated. RCW 26.10.030
3. There are a series of special forms that you must use to process a non-parental custody action. You can find them at the Administrative Office of the Courts.
4. You will have a hearing in superior court to decide whether you will be granted non-parental custody and, if so, how visitation should be handled with regard to the child's biological parents. You should be sure to present evidence regarding the dependency in this hearing, including what safeguards need to be taken while the children are visiting their parents. You may call the caseworker and/or the child's volunteer CASA as a witness to get the facts before the court. You should be sure that the superior court has a copy of the juvenile court order giving you permission to petition for third-party custody. RCW 26.10.100 and RCW 26.10.160.
5. Assuming that you obtain non-parental custody of the child in superior court, you must then take that order back to juvenile court and set a hearing to dismiss the dependency. At this hearing, you will present the juvenile court with your Non-Parental Custody Order and, if the court finds everything to be in order, the dependency will be dismissed. RCW 13.34.155.

Third Party Custody

Some of the legal resources include:

Columbia Legal Services may be able to help you or refer you to someone who can.

If you are going to represent yourself to establish third-party custody, you can use Northwest Justice Project's Self Help for Non-parental Custody of a Child.

Third Party Custody

Laws passed during the 2003 session also require that criminal background checks and searches of the child protective services records be performed on every member of the household petitioning for custody.

Third Party Custody

If I become the child's custodian, what duties and rights do I have?
Unless you and the child's parents have agreed otherwise in writing, you have the right to determine the child's upbringing, including education, health care, and religious training. The law does allow either of the non-custodial parents to make a motion to prove that the child's health and welfare will be endangered if you are left with sole decision-making authority. The court may order the department or other agency to exercise continuing supervision over the case to assure that the custodial or visitation terms of the decree are carried out. RCW 26.10.170.

Third Party Custody

If you are trying to restrict visitation further, you should make sure that the court has all of the evidence that supports your concerns about the visitation. RCW 26.10.190; RCW 26.09.260; and RCW 26.09.191.

Third Party Custody

However, if you intend to move the child out of his or her current school district, in most cases, you will be required to provide notice to any other person entitled to visit with the child and file a petition in court. Here is a copy of the form you must use as provided by Washington's Administrative Office of the Courts. RCW 26.10.190; RCW 26.09.260(6) RCW 26.09.430; RCW 26.09.440; and RCW 26.09.460

Third Party Custody

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Who is considered a "relative?"
The law favors placing a child with someone who is in the child's family. Therefore, "relatives" include half-relatives, all relatives by adoption or marriage, step-parents or siblings and those currently separated or divorced from the child's biological relative. If the child is an Indian child, "relatives" include any extended family member as defined by the law or custom of the child's tribe. RCW 74.15.020(2)(a).

In addition to being the child's relative, you must also be able to keep the child safe and also support the child's visitation plan especially regarding supervision and consistency. The department will also run a criminal background check and a check to see if you have had any child protective services reports concerning your treatment of a child before placing a child in your care. RCW 13.34.130(5).

In determining whether it is the child's best interest to be placed with you, the department may also consider whether the child has a relationship with you, whether the child feels comfortable with you, and if each child has his or her own bed or crib. WAC 388-25-0445.

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To learn more about TANF, go to the Northwest Justice Project or Parent Power's Eligibility Wizard.

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In addition to these basic requirements, you also must be able to provide the child with a nurturing, respectful, supportive, and responsive environment. And show that you have the understanding and ability to work with the challenges that may be presented by a child and meet her or his physical and emotional needs. It is possible that the department will also require you to be evaluated and provide more information concerning your mental or medical health, including substance abuse and treatment. WAC 388-148-0035(2)

You also will have to show that you have had first-aid training and age-appropriate CPR training, unless your doctor says that CPR training is not medically recommended for you. Finally, you must also be trained in HIV/AIDS prevention, transmission and treatment. If you don't know where to get this training, check with the caseworker. WAC 388-148-0045 and WAC 388-148-0040.

Before you take a child into your home, it is important that you understand the effect of multiple placements on a child and how you can handle the special problems that children in foster care face. Therefore, you will ordinarily have to undergo pre-service training before you are granted your license. RCW 74.13.250. During training, the department either has to provide you with child care for any children you have in your home or provide training for you at your own home or other convenient location. RCW 74.13.315.

You may have to provide other information to help the department determine whether you house is safe for children. This will include information on every household member over fifteen who will have unsupervised time with the child and any additional reports or evaluations that the department might request. You must also provide the department with a TB test result or x-ray. WAC 388-148-0050

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Does my house have to pass an inspection to qualify me to provide foster care?
Generally, your house has to be safe, clean, and in good repair. WAC 388-148-0155. You have to do your best to keep your home free of pests WAC 38-148-0160 and accessible to emergency vehicles. WAC 388-148-0165. You have to follow good fire safety procedures, such as having smoke detectors in rooms. WAC 388-148-0235.

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Are there requirements about bedrooms?
Yes. In order to be a licensed foster care provider, you have to have an adult sleeping on every floor in which a child under six years of age will be sleeping. For children over six years old, you must also make sure that only children of the same gender share a room. Two children in care may not share the same bed. You can't use hallways, an unfinished basement, kitchens, living rooms, or dining rooms as bedrooms, and every bedroom must open up to a hallway or other commonly used area. You have to be sure that any room in which a child in foster care is sleeping has adequate space, at least 50 square feet of floor space not including closets. There are also requirements concerning the size and existence of windows to be sure that the child can exit in the event of an emergency. WAC 388-148-0260

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What are some of the services that are available under the foster care program?
The department should determine the needs of each foster child and foster parent, and should seek to place the child in the foster home that can best meet his or her needs. If the home is a licensed foster home, the family should receive foster care payments, medical coverage for the child, and supervision from the department to make sure that the placement continues to be appropriate. WAC 388-25-0010.

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Will I have any financial help buying the child's clothing?
You may. When the child is first placed with you, you should be given a clothing allowance of no more than $200.00. It is possible that your child's caseworker may also provide additional assistance in the future, if you or the child requests it. However, the current limit on each clothing allowance is $200.00. WAC 388-25-0125.

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If I am a long-term foster parent, what will my responsibilities be for the child in my care?
You will be expected to be able to support the child as she or he maintains connections with his or her family if that is her plan. You will be expected to be supportive and nurturing of who the child is and work to build up his or her confidence. You should help the child progress in his or her education and intellectual development. You will have to take the child for regular medical visits and share the results with the social worker. You should be a role model for the child both in your behavior and in your relationships with others. Being a foster parent also means that you will work with others on his or her treatment team by keeping them informed about the child's behavior and development. WAC 388-25-0090.

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If I am a relative but not licensed, will the department choose a licensed foster care provider over me for the child?
If you are a relative who will keep the child safe and will support the child's permanent plan, the law requires that you be given preference over a non-relative foster care placement, especially early on in the dependency process. Of course, the department should consider the feelings of the child and the nature of the relationship that you and the child have had. RCW 13.34.130(2) and WAC 388-25-0445.

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If I enter into a long-term relative or foster care agreement, can I end the arrangement if it doesn't work out?
Yes. You are not bound to keep the child in your home any longer than you want. However, it is the hope and intention of any long-term foster care or relative placement that the agreement will provide some stability for the child. Multiple placements are harmful to children, and you should always remember that most children in care go through a period of testing you to see if you will reject them as they feel others have. Try to pass the test. RCW 13.34.145(4)

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If I do at times feel overwhelmed by the demands placed on me by the child placed with me, can I have a break?
Yes, among the services that the department provides for foster parents is respite care. Respite care allows you some time-out. It may be on an hourly or daily basis. If you are feeling overwhelmed, you should contact the child's caseworker to arrange for some respite time. During this period, both you and the child will have an opportunity to have a break from one another. You may not, however, place the child temporarily in another home without the permission of the child's social worker or child placing agency. RCW 74.13.270 and WAC 388-25-0170; WAC 388-148-0540; and WAC 388-148-0545.

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Financial Comparisons

	Adoption	Guardianship	Third-PartyCustody	Long-term Relative/Foster
Costs to you to establish?	Upfront attorney fees & costs; later reimbursed up to $1500	None	Attorneys' fees & costs; unless you represent yourself	None
Support for you and the child?	Adoption support	Foster care payments or TANF	TANF or child support; SSI if the child qualifies	TANF or foster care payments
Medical coverage for child?	Adoption support	Yes	If you or the child qualifies	Yes
Tax Credits?	State and federal tax credits for costs of adoption + additional dependent	No	No	No
Benefits from Biological Parents?	None	Child retains right to inherit	You may collect child support; Child retains right to inherit	Child retains right to inherit from parents, unless rights are terminated

Back to Comparisons between Adoption, Guardianship, Third-Party Custody and
Long-Term Relative or Foster Care

	Adoption	Guardianship	Third-PartyCustody	Long-term Relative/Foster
Bio. Parents' Rights?	None	Rights are retained; Visitation must be addressed	Rights may be retained, unless terminated; Otherwise, visitation must be addressed	Rights may be retained, unless terminated; Otherwise, visitation must be addressed
Permanent?	Yes	Until age 18, but can be terminated any time prior	Until age 18, unless modified	Until age 18, but can be terminated any time prior
Which court?	Superior Court	Juvenile Court	Superior Court, unless all parties agree, then Juvenile Court	Juvenile Court
After establishment, is dependency dismissed?	Yes	No	Yes	No

Back to Comparisons between Adoption, Guardianship, Third-Party Custody and
Long-Term Relative or Foster Care

	Adoption	Guardianship	Third-PartyCustody	Long-term Relative/Foster
Reimbursement for cost of establishing?	Yes (partial)	N/A	No	N/A
Cash payments?	Yes	If licensed foster care provider, yes.	Otherwise, only if TANF eligible If eligible for TANF or SSI, yes	If licensed foster care, yes; If not licensed, TANF eligible for child only
Counseling for child?	Yes	Yes	Only to the extent Medicaid or CHIPS eligible	Yes
Medical/Dental/Vision services for child?	Yes	Yes	Only to the extent Medicaid or CHIPS eligible	Yes
Child Care?	Yes	Not usually	No	Not usually
Respite Care?	No	If licensed foster care provider, yes	No	If licensed foster care provider, yes
Clothing allowance?	No	If licensed foster care provider, yes	No	If licensed foster care provider, yes

Back to Comparisons between Adoption, Guardianship, Third-Party Custody and
Long-Term Relative or Foster Care

Back to Legal Options

Back to Permanency Planning for All Caregivers

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In these cases, in order for a child to be returned to one parent, parents must separate and establish a parenting plan or change one that already exists. For example, the plan may need to be changed so that the physical residence of the child is switched from one parent who is endangering the child to the other, with special protective provisions surrounding visitation put into place. Therefore, some permanent plans that call for reunification with one parent will require establishing or modifying parenting plans.

These are some common questions that parents have about establishing or modifying their parenting plans as they relate to a dependency proceeding:

Do I have a right to an attorney to represent me in my custody action?
No. Parenting plans usually must be filed in family court and are not generally heard by juvenile court judges or commissioners. Therefore, your appointed counsel in the dependency is not required to represent you in your parenting plan matter. RCW 13.34.090.

Back to Establishing or Modifying Parenting Plans

• Columbia Legal Services may be able to help you or refer you to someone who can.
• If you are going to represent yourself to modify your current parenting plan, you can use Northwest Justice Project's Self Help for Family Law.
• The Administrative Office of the Courts provides you with instructions and forms to establish a parenting plan if you are divorcing or if you were never married. The same office has forms and instructions to help you change your parenting plan if you need to modify it.
• The Northwest Women's Law Center has a publication explaining custody actions to parents of who are in treatment entitled Information for Parents in Treatment on: Dependency and Custody Actions.

Back to Establishing or Modifying Parenting Plans

Can I just file my petition to establish or modify my parenting plan without letting the juvenile court know?
No. If the department already has filed a dependency petition regarding your child, you must first ask the juvenile court for permission to file your petition to establish or modify your parenting plan. You should talk with your attorney in the dependency action about going before the juvenile court judge or commissioner about your desire to do so. RCW 13.04.030.

Back to Establishing or Modifying Parenting Plans

You should also show that if the parenting plan were not changed the current plan is detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by changing the plan is outweighed by the advantage of the change to the child. RCW 26.09.260(2).

Back to Establishing or Modifying Parenting Plans

How will the new parenting plan protect my child from the other parent?
If one parent is harming a child, rules must be established so it stops. Tell the family court the facts and explain why the other parent is now a danger to your child. Share the information from the dependency action. If you do this, the court should order appropriate restrictions on the other parent's time with the child and will not require you to consult with that parent when making important decisions affecting the child. RCW 26.09.191.

Back to Establishing or Modifying Parenting Plans

What if my current parenting plan already gives me primary residential custody of my child, but does not have any protections in place during visitation with the abusive or neglectful parent?
You may ask the court to restrict the abusive or neglectful parent's time with your child after sharing evidence of the abuse or neglect. The court should also remove any requirements that you consult with the other parent before making important decisions affecting the child. RCW 26.09.260(4).

Back to Establishing or Modifying Parenting Plans

What kinds of restrictions might be placed on the other parent's time with my child?
The new plan can include supervised or no visits. It can limit phone or any other kind of contact. These limits are meant to protect the child only and should be implemented with the child's interests in mind. Ask for what you think is best and gather information from your dependency case to help you. This may include calling caseworkers or the CASA as a witness. If the juvenile court does not believe that the restrictions are sufficient to protect the child, even if you are not the abusive parent, your dependency case will not be dismissed until they are. RCW 26.09.191(3).

Back to Establishing or Modifying Parenting Plans

The court also may order an investigation and report about the parenting arrangements if it feels necessary. RCW 26.09.220.

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What should I do after I have obtained a new parenting plan?
You should let your attorney in the dependency action know immediately and provide him or her with a copy of the final parenting plan. The attorney should then schedule a hearing before the juvenile court to inform the court of the completion of this important step.

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Law and Policy for Parents

• Questions about the Investigation
• Questions about the Removal of Your Child
• Questions about the Court Process
• Questions about Foster Care
• Questions about Getting My Children Back Home
• How to Complain

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What is child abuse and neglect?
Please refer to our Respond to Child Abuse and Neglect page.

How does CPS get involved in a case and what does it do when it gets a report of child abuse or neglect?
Please refer to our Learn About the Child Welfare System page and focus on the investigation areas.

Back to Questions about the Investigation

Can CPS interview my child without my permission or presence?
Yes. So can the police. CPS is required to determine whether your child would like a third party present during the interview and must go with your child's wishes so long as having that third party present won't "jeopardize the investigation." CPS can also photograph your child without your consent. CPS must notify you of the interview at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation."

Legal Source:
Interviews: RCW 26.44.030(10);
WAC 388-15-021;
Parental Notification: RCW 26.44.100;
WAC 388-15-045.

Back to Questions about the Investigation

Do I have the right to an attorney during a CPS investigation?
You do not have the right to a court appointed attorney during a CPS investigation but you may chose to consult with an attorney at your own expense or contact your local public defender to seek advice. You do have the right to a court appointed attorney if you cannot afford one if a dependency petition is filed in juvenile court. Usually, you will be provided with a public defender at the initial shelter care hearing.

Legal Source:
Right to counsel in dependency proceedings: RCW 13.34.090;
RCW 13.34.092.

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Back to Law and Policy for Parents

Who can take my child away from me without a court order?
CPS cannot. But the police can, if the officer has probable cause to believe that your child is abused or neglected and would either (1) be injured or (2) could not be taken into custody if it were necessary to first obtain a court order. Hospital staff and doctors can also place a "hold" on your child without having a court order if they have reasonable cause to believe that permitting the child to go back to your home would present an imminent danger to your child's safety. Hospitals and doctors are required to notify the police in those cases and the police can place your child with CPS.

Legal Source:
Police removal of child: RCW 26.44.050;
Hospital or physician removal of children: RCW 26.44.056;
CPS takes custody from police or hospitals: WAC 388-15-041.

Back to Questions about the Removal of Your Child

How does CPS get a court order to take away my child?
CPS can get a court order to take your child without notifying you or having a court hearing if the CPS worker can sign a declaration stating that your child's health, safety, and welfare will be seriously endangered if not taken into custody and that the child is at "imminent risk of harm.". . To get this kind of an order, sometimes called a "pick-up" order, the CPS worker must also file a dependency petition stating that there is reasonable cause to believe that your child is a "dependent child". A juvenile court judge may sign the pick-up order without your input but a court hearing where you can appear will be set within 72 hours excluding weekends and holidays.

In other situations, CPS may file a dependency petition and request a court order to remove your child at the first hearing, called the "initial shelter care hearing" or "72 hour shelter care hearing."

Legal Source:
Pick-up orders: RCW 13.34.050;
Initial shelter care findings: RCW 13.34.065.

Back to Questions about the Removal of Your Child

What happens if the police take my child?
If the police take your child, they will notify CPS for placement. They are also required by law to leave a written statement with you or at your residence if no parent is present. The statement should give the reasons for the removal of your child and the telephone number of the child protective services office in the parent's jurisdiction. CPS must either return your children within 72 hours or file a dependency petition in juvenile court. If CPS files a dependency petition, there will be a shelter care hearing within 72 hours from the time your child was taken, not counting weekends and holidays. You will be notified of this hearing and you should appear. At the hearing you will have the opportunity to ask a judge to return your child.

Legal Source:
Police notification to parents: RCW 26.44.110;
Notice by CPS required: WAC 388-15-045;
Placement by CPS: RCW 13.34.060;
WAC 388-15-037;
Hearing required: WAC 388-15-041.

Back to Questions about the Removal of Your Child

What is a voluntary placement agreement?
A voluntary placement agreement ("VPA") is a contract that you may sign with CPS to voluntarily place your child either with relatives or in foster care because you are temporarily unable to care for them. YOU DO NOT HAVE TO SIGN THIS AGREEMENT, IT IS VOLUNTARY. By signing this agreement you are agreeing that your child may be placed out of your home and CPS will not have to go to court and ask the court to order your children removed from your home. These agreements can last for up to 180 days except in very limited circumstances. You may refuse to sign a voluntary placement agreement or terminate an agreement you have signed but if you do, depending on the circumstances, CPS may file a dependency petition and ask a court to involuntarily place your child. If a dependency petition is filed, you will be given the opportunity to appear in court represented by an attorney and seek return of your child.

Legal Source:
WAC 388-25-0045;
WAC 388-25-0055;
WAC 388-25-0060;
WAC 388-25-0025(6).

Back to Questions about the Removal of Your Child

What is a voluntary service agreement?
You and CPS may decide that you need certain services to help you parent your child. CPS is required to provide you with "reasonable services" to help you parent before requesting removal of children from your care. CPS may ask you to enter into a voluntary service agreement, where you sign a contract stating that you will participate in specific services, for example, drug treatment or parenting classes. CPS may also agree to provide services for your child like daycare services. If you violate the agreement and your children are at risk of harm, CPS may file a dependency petition and request removal of your children from your care.

Legal Source:
Reasonable efforts required before out-of-home placement-shelter care: RCW 13.34.065.
Reasonable efforts required before out-of-home placement-dependency disposition: RCW 13.34.130(2).

Back to Questions about the Removal of Your Child

If CPS takes my children, can they be placed with relatives?
Yes. In fact, if there are available relatives who are willing to take your children CPS is required to investigate and place your children with them if they do not pose a risk to their safety and if they do not hinder the reunification process. CPS may or may not place children with relatives who have criminal history or have founded allegations of child abuse and neglect.

Legal Source:
RCW 13.34.060;
RCW 13.34.130(2);
WAC 388-25-037;
WAC 388-25-0445;
WAC 388-25-0450.

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Who is a relative?
Please see Who is considered a "relative?" above.

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What is a dependency action?
A dependency action is a lawsuit usually filed by the State of Washington through the Department of Social and Health Services ("DSHS") against parents for custody of their children. A dependency action is started by filing a dependency petition in juvenile court. This is required whenever DSHS seeks to keep a child out of the home for more than 72 hours and the parents or guardian do not agree. The court will decide whether your child should be in "shelter care" before deciding whether your child is "dependent." The State will try to prove that your child is a "dependent child" which is legally defined as a child who

1. Has been abandoned;
2. Is abused or neglected a person legally responsible for the care of the child; or
   
3. Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.

If the state proves its case and your child is found dependent, there will be a disposition hearing to determine where your child should live and what you need to do to have your child returned to your care.

Legal Source:
Definition of "dependent child": RCW 13.34.030(5);
Dependency petitions: RCW 13.34.040;
Dependency fact-finding hearings (trials): RCW 13.34.110;
Dependency disposition hearings: RCW 13.34.130.

Back to Questions about the Court Process

What happens at the first hearing - the initial shelter care hearing?
Please refer to our Learn About the Child Welfare System page and look at the Dependency Court Process.

Back to Questions about the Court Process

What are my rights in a dependency action?

• You have a right to a lawyer to represent you at every hearing and throughout the proceeding. RCW 13.34.090 and RCW 13.34.092.
• You have a right to notice of all court hearings. RCW 13.34.062; WAC 388-15-041; RCW 13.34.070; WAC 388-15-041; RCW 13.34.110(3) and RCW 26.44.105.
• You have a right to review DSHS records concerning you and your child. RCW 13.34.090(4); RCW 13.50.100(5); WAC 388-25-0400. RCW 13.50.100(5); WAC 388-25-0400.
• You have a right to a shelter care hearing in front of a juvenile court judge or commissioner within 72 hours of the time your child is involuntarily removed from your care, excluding weekends and holidays. RCW 13.34.062.
• You have a right to present evidence and testimony at shelter care hearings. RCW 13.34.062.
• You have a right to a trial to determine whether your child is a dependent and whether your child should be removed from your care. RCW 13.34.110.
• You have a right to participate in review hearings at least every six months if your child is found dependent. RCW 13.34.138.
• You have a right to be kept informed of your child's situation and to participate in DSHS's service plan for your child. RCW 13.34.120 and RCW 13.34.136.
• You have a right to copies of all court orders concerning your child. RCW 26.44.105.
• You have a right to services to help your family get back together. RCW 13.34.130(1)(a) and RCW 13.34.136(1)(b).
• You have a right to seek modification of shelter care or dependency orders if there is a change of circumstances. RCW 13.34.062(5) and RCW 13.34.150.

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What is a CASA or GAL?
Please go to our Learn About the Child Welfare System page and read Who's Who.

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Questions about Foster Care

Can I call my children in foster care?
Not necessarily. CPS may keep the foster parent's identity, phone number and address a secret from you. Foster parents may be willing to allow you to call or visit where they live, but this will be up to individual foster parents after consulting with the caseworker.

Do I have a right to visit my children when they are in foster care?
Yes. Visitation can only be limited or denied if it is necessary to protect your child's health, safety, or welfare. In fact, DSHS is required to "encourage the maximum parent-child contact possible."

Legal Source:
RCW 13.34.136(1)(b)(ii).

Back to Questions about Foster Care

Will I have to pay for foster care or relative care?
Yes, you may. The State may collect support from you for the cost of foster care. If your relatives receive financial assistance from the state for caring for your children, the State can seek support from you for the cost of that assistance. The amount of support will be based on your income. If you are indigent, a minimum amount per month may be assessed.

Legal Source:
RCW 13.34.160;
WAC 388-25-0215;
WAC 388-25-0220.

Back to Questions about Foster Care

How long can my children be in foster care?
It depends. Foster care is considered temporary. The law says that your children should have a permanent home within 15 months of them being out of your home. "Permanency planning" begins within 60 days of your child being placed out of your care. A "permanency planning hearing" must take place within 12 months of that date. A "permanent plan" is one that resolves the dependency case by either returning the children to your care or getting your children into a permanent situation--that means out of foster care.* If your children are not returned to your care by the permanency planning hearing, the court may order another plan to give your children permanence — like a relative guardianship or adoption. The law is geared toward giving your children permanence — and getting them out of foster care as quickly as possible while not jeopardizing their welfare.

Legal Source:
RCW 13.34.135

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Questions about Getting My Children Back Home

How can I get my children returned to my care?
There is no one answer to getting your children back but if your children have been removed from your care under a dependency order, these things will help you toward your goal:

STAY IN CONTACT WITH

• Your attorney
• Your caseworker
• Your child — visit regularly and always call if you have to miss a visit or will be late. Do everything in your power not to miss a visit.

PARTICIPATE IN COURT ORDERED SERVICES

• If you disagree with the services ordered by the court talk with your attorney.
• Don't wait or procrastinate to get into services.
• Keep good records of everything you have done.

GET SUPPORT FROM OTHERS

• Family, friends, church, community support people can all help you reach your goal. Don't try to make it alone.
• Chose your network wisely — DO NOT seek support from those who cannot help you be a good parent. Do not take on a lot of other people's problems while you are trying to reunite your family.

ASK FOR RETURN OF YOUR CHILD

• If you have complied with the court's orders and have improved your parenting and the conditions in your home, talk with your lawyer and caseworker and ask for return. Even if you do not get the return of your child when you want it, take steps to get closer like asking for more visits or longer visits. Children are usually returned gradually — not all at once — so work on a plan that will transition your children home.

WORK HARD, DON'T WASTE TIME AND DON'T GIVE UP

• Getting your child returned to your care will be hard work. It may require you to beat an addiction you have had for a long time. It may require you to give up partners, spouses or friends who you have counted on. It may require you to move, to change jobs, to get a job, or leave a job. It may require you to hold your tongue and "suck up" to people you don't like at all. It may require you to go to more appointments, meetings and classes than you ever thought you could stand. But if you really want your child returned, you know that it is all worth it. Don't give up and don't waste time. Your children are growing up and every day counts. Work every day toward your goal.

Back to Questions about Getting My Children Back Home

Can I permanently lose my rights to my children?
Yes, but there are many steps before that happens. If your child has been found dependent the state could move to terminate your parental rights at some point in the future. This usually requires your children to have been removed from your care under a dependency order for at least six months. If the state moves to terminate your parental rights you have the right to a trial before a judge. You have the right to a lawyer. You have the right to testify and to present witnesses and evidence. The court can only terminate your parental rights if the state proves by clear, cogent and convincing evidence that all of the following factors have been met:

1. Your child has been found dependent and has been removed from your care for at least six months under a dependency order;
2. Services ordered for you in the dependency have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting your parenting problems within the foreseeable future have been expressly and understandably offered or provided;
3. That there is little likelihood that conditions will be remedied so that your child can be returned to you in the near future;
4. That continuation of your relationship as legal parent clearly reduces your child's chances for early integration into a stable and permanent home; and
5. That termination of your parental rights is in the best interests of your child.

You may consent to termination of your parental rights. This is called a "relinquishment." If you relinquish your parental rights to your child you are voluntarily agreeing that you are no longer the legal parent and your child will be available for adoption by someone else.

Legal Source:
Requirements for terminating parents' rights: RCW 13.34.180
Effect of order terminating parental rights: RCW 13.34.200
Relinquishment: RCW 26.33.080

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How to Complain

What should I do if I believe CPS is treating me unfairly?

• Keep track, in writing, of every time you call your CPS worker. Write down what your CPS worker told you and what you said in response. If your worker does not call back, notify his or her supervisor. Make sure that you can state the specific ways you think CPS is treating you unfairly.
• If you have an attorney — tell your attorney about your concerns and ask your attorney what you should do.*
• If you do not have an attorney, get one. If a dependency petition has been filed, you have the right to a court appointed attorney if you cannot afford one. If a dependency petition has not been filed, you can sometimes get advice from a public defender's office who handles these types of cases in your county. Contact the juvenile court in your county and request information on public defenders who handle dependency cases.
• File a complaint with the Office of the Family and Children's Ombudsman (OFCO). OFCO is an independent office which investigates complaints against DSHS. Information on how to file a complaint can be found at Ombudsman.

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Law and Policy for Relatives

• Questions about Reporting Child Abuse or Neglect
• Questions about the Investigation
• Questions about Removal of the Child from Home
• Questions about My Rights as a Relative Care Provider

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Questions about reporting child abuse or neglect

What is child abuse and neglect and how do I report it?
Please go to our Respond to Child Abuse and Neglect page for the answer to this question.

If I believe that a child in my extended family is being abused or neglected, do I have to report it?
If you live with the child, you may be required by law to report the abuse or neglect if it is what the law calls "severe." "Severe abuse" means:

• Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death;
• Any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or
• More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
  RCW 26.44.030(1)(c)

If you live with the child and you have reasonable cause to believe that severe abuse has occurred, your failure to report this abuse is a gross misdemeanor. RCW 26.44.080

Even if you do not live with the child, you still may report the abuse or neglect, and you are encouraged to do so. RCW 26.44.030(3)

For more information about reporting, go to our Responding to Child Abuse and Neglect page.

If I do report, will the child's parents be told that I was the one who called?
Please go to our Respond to Child Abuse and Neglect page and look at "Can I request Confidentiality?"

How do I know what is o.k. physical punishment and what is not?
Under the law, reasonable and moderate physical discipline is not considered child abuse. Any discipline which causes "bodily harm greater than transient pain or minor temporary marks" is presumed unreasonable. RCW 9A.16.100

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Questions about the investigation

What if I know that an investigation is going on and I know things that I think the investigators ought to know?
If you have any information that you believe the investigator ought to know and you know the name of the investigator assigned to the case, you should call and share that information. If you do not know who is assigned to the case, you can contact the CPS in-take unit or you can call 1-866-END HARM. It would be helpful if you informed the intake worker that you believe an investigation has already begun in the case so that she can be sure and get your information to the right person.

Can I call and find out who made the report?
No, that information is confidential especially to people who are not legal parties to a case. WAC 388-15-057.

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Questions about removal of the child from home

A child in my extended family has been removed. I know she must be scared. Can she come and live with me?
It is possible that the child can come and live with you. The law prefers that children be placed with suitable relatives whenever possible. To recommend you for placement, the department will first run a criminal background check and a check to see whether there any founded CPS reports against you. The child's caseworker will then determine whether you are able to protect the child and support the child's permanent plan. Finally, the department will consider what your relationship with the child has been, the comfort level that the child has with you, and whether you will be able to provide her with her own bed.

If you are interested in providing a home for the child, you should contact the caseworker, the court, the CASA, GAL or attorney for the child, and the parents' attorneys to let them know. The more people who are aware of your interest, the better. RCW 13.34.130(2) and WAC 388-25-0445.

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Which relatives does the caseworker have to consider for placement?
Relatives are broadly defined by the law. You don't have to be biologically related to the child to qualify. To learn who law says must be considered first before anyone outside of the family are considered please see Who is considered a "relative?" above.

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What if I am not licensed to provide foster care?
You don't have to be, but you might want to consider becoming a licensed foster care provider because it entitles you to more support from the department while you have the child in your home. To learn more about this, jump up to the Long-term Relative or Foster Care section on this page.

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What if I have a minor conviction that is old? Will that stop me from being allowed to provide a home for the child?
The caseworker must run a criminal background check to see if you have a criminal record that is listed as a disqualifying crime under the law. If your crime does not involve violence and is minor it may not disqualify you. If the caseworker informs you that you do have a problematic criminal history, you can see if any of the other parties to the case want to support you as the placement for the child. If they do, they can raise the issue with the court. WAC 388-14-0035.

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If I cannot provide a home for the child, are there other ways I can help?
Yes! Every family in the child welfare system needs as much support as they can get from their families and friends. The parents likely will have a lot of work to do to remedy the issues that brought them into the system. The children will need to know that they continue to have a family and are loved.

One tool that can help to gather family together to support the child and his or her parents is called "Family Group Conferencing." A family group conference brings together all of the family and others who have served as family support over the years. Together, the family brainstorms to come up with a plan for the child. Part of the plan may be to do the every day things that you know both the child and the parents need to help them get back together.

For example, maybe you are the person who the parent can call when she needs someone to give her the confidence she needs to resist relapse into substance abuse. Research has shown that when families come together they often can come up with the solutions to their problems because they know each other better than anyone else does.

If you think a family group conference might be helpful, you should suggest it to one or more of the parties to the case. If the caseworker is not receptive to the idea, it can still be raised by an attorney for a parent or by the child's attorney, CASA or GAL. Family group conferences are a relatively new strategy but they are developing a strong track record for better outcomes for children and families.

To learn more about the effectiveness of family group conferencing, read Long Term and Immediate Outcomes of Family Group Conferencing in Washington State.

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Can I attend hearings?
Laws passed during the 2003 session opened all dependency hearings to the public, meaning you can generally attend. However, both the parents and the child can object to other people being present and the judge will make a decision.

Even if you are permitted to remain in the courtroom, you may not be allowed to talk. The only way you can participate is if you are called to testify by a party or the court.

This law went into effect on 7/27/03. RCW 13.34.115 has not yet been amended on the Washington Legislature's website. For the text of Engrossed Senate Bill 5379, Go to Open Dependency Hearings.

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Questions about My Rights as a Relative Care Provider

Can I file objections in court to what is going on in the child's case?
No. You are not a party to the case. You can attend the hearings, and you may be called to testify concerning how the child is doing with the current plan.

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What does it mean that I have to follow the child's permanent plan?
It means that you must support the long-term plan for the child and permit the parental contact that is allowed by the court's orders. You may not provide more or fewer restrictions on visits. If the parent comes by unannounced and unsupervised when the plan calls for scheduled and supervised visits, you have to be able to turn the parent away. On the other hand, if the parent follows the order for visits, you must allow the visits as ordered, even if you feel that the visits aren't good for the child. If you have concerns, you should share them with the caseworker and/or the child's CASA, GAL, or attorney. If they agree with you, perhaps one or more of them will ask the court to change the order.

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There are services that I believe this child needs and is not getting. What should I do?
You should contact the child's caseworker and explain what you think the child needs. Try to work with him or her to figure out a way to have the child's needs met. You can also talk to the attorney, CASA, or GAL for the child and explain your concerns.

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I think this child has special needs at school. How can I make sure that these needs are being met?
If you believe that the child may need special help in school, he or she may qualify for an Individual Education Plan (IEP). IEPs can provide tailored services for a child with a learning disability, behavior disorder, or certain mental health issues. You should tell both the caseworker and the child's attorney, GAL or CASA. They can raise this issue with the juvenile court to have you designated with the authority to provide the necessary parental consent and participation in the IEP process required by law.

To learn more about how you can advocate for the educational needs of the child in your, download or order TeamChild's Education Advocacy Manual.

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Am I allowed to adopt the child in my care and does that mean she or he will never see her parents again?
If you are over 18 years of age and otherwise competent, you may petition for the adoption of a legally free child in your care. There are options available to deal with contact between children and birthparents. To learn more about this option, jump up to our Permanency Planning for Caregivers — Adoption section on this page.

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Are there other ways, besides adoption, that I can make my commitment to this child more permanent?
Yes. Other options include becoming the child's dependency guardian or third-party custodian. To learn more about these options, jump up to our Permanency Planning for Caregivers — Dependency Guardian or Permanency Planning for Caregivers - Third Party Custody sections on this page.

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Law and Policy for Foster Parents

If you already are a licensed foster parent, undoubtedly you have many questions about what the law requires you to do in particular situations and what the department should be providing you. This section is not intended to provide legal advice for every individual situation; rather, we hope that you will find the law provided here to be a useful general resource for you. If you find yourself in the unfortunate situation of being investigated for violation of minimum licensing requirements or for child abuse or neglect in your own home go to Questions about CPS Investigations in Licensed Facilities below.

The following are just a few of the common general questions asked by foster care providers:

• Questions about Information Concerning the Child in My Care
• Questions about My Responsibilities
• Questions about Daily Life
• Questions about the Department's Responsibilities

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Questions about Information Concerning the Child in My Care

When a child comes into my care, what information should I be given?
You should be provided an up-to-date "passport" that contains all known and available information regarding the mental, physical, health, and educational status for any child who has been in a foster home for ninety consecutive days or more. This passport should also contain education records for the child.

With regard to the child's health history, you should be able to obtain at least the following:

• The date of the child's last physical examination.
• Allergies.
• Any special health problems.
• A history of immunizations.
• Clinical and medical diagnoses and treatment plans.
• All currently prescribed medications.

Before placement, the department also should inform you of any known health conditions that pose a serious threat to the child and any known behavioral history that presents a serious risk of harm to the child or others.

You should be told any information about the child and the child's family that is related to the child's case plan.

RCW 74.13.285 and WAC 388-148-0330 and WAC 388-148-0130 (4)

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What information about the child may I share with others?
Information about the child and his or her family is private and may only be shared with those who need to know that information for case plan purposes, such as staff of the department, the child placing agency responsible for the child, the child's GAL or CASA, and others designated by the child's social worker.

If you feel that you need to talk to the child's caregivers, teachers, doctors, counselors or respite care providers about the child's situation, you should first consult with the child's social worker. WAC 388-148-0130 (4)

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After a child has been in my care, can I share information with the court?
Yes. You are considered part of the child's treatment team and it is hoped that you will attend the review hearings concerning the child and provide the court with information concerning how the child is doing. You should be given notice of every review hearing so that you may attend. However, you are not a party to the case. This means that you cannot file pleadings in the case.

RCW 74.13.330; RCW 13.34.138(1); and WAC 388-148-0505

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Questions about My Responsibilities

What are my general responsibilities as a foster parent?
Yours is an important and valued job. You are generally responsible for the protection, care, supervision, and nurturing of the child in your care. You must be able to support the child in his or her relationships with parents, siblings and other kin. A child coming into care likely will have feelings of anxiety, loss, grief, rejection, and/or anger. It is your job to help the child cope with these feelings and to build the child's self-esteem. You must support the child's religious and cultural backgrounds, and provide him or her with guidance and educational support. It is a tall order, one you should not attempt to do completely on your own. Hopefully, you and the child's social worker will be able to work as a team to come up with plans that will meet the child's needs.

RCW 74.13.330 and WAC 388-148-0505

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What are my responsibilities for the child's medical care?
Examinations and Immunizations
Every child needs to have a thorough physical exam within thirty days of placement with you and at least annually. You should work with the social worker to make sure that one is scheduled. WAC 388-148-0330

Over-immunization and under-immunization are both problems for children in care. Be sure to ask the caseworker for proof of the child's immunizations before he or she comes into your care. You may only accept a child into your care who has not received all of his or her immunizations if you schedule the shots as soon as medically possible. WAC 388-148-0340

Medications
See "How do I manage medications for children under my care?" at WAC 388-148-0350.

See "When may children take their own medicine?" at WAC 388-148-0365.

See "May I accept medicine from a child's parent or guardian?" at WAC 388-148-0355.

See "Whom do I notify about medication changes and reactions?" at WAC 388-148-0360.

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What are my responsibilities for the child's meals?

See "What food and meal guidelines must I follow?" at WAC 388-148-0370.

See "How often must I feed children?" at WAC 388-148-0375.

See "How do I handle a child's special diet?" at WAC 388-148-0380.

See "Do you have special requirements for serving milk?" at WAC 388-148-0385.

See "What home-canned foods may I use?" at WAC 388-148-0390

See "What requirements must I meet for feeding babies?" at WAC 388-148-0395

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Does someone have to be supervising the child at all times? What if I work?
Children in care often have a need for closer supervision than other children of their same age. You must provide or arrange for care and supervision that is appropriate for the child's age, developmental level, and condition. This does not mean you cannot work. It simply means that, if you do, you have to provide the social worker with a copy of your plan for the child's supervision while you are not in the home. However, at least one parent must be available to deal with a school emergency, should one arise. WAC 388-148-0460 and WAC 388-148-0530

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How may I discipline the child in my care?
First of all, if you are becoming frustrated with a child's behavior, you should consult with his or her service providers for help. It is understandable that you will sometimes be unsure of what you should do. Children in care are often confused, sad and angry, and sometimes they will act inappropriately. You may at times feel as though nothing you try to do works. Don't be afraid to reach out for help. Asking for help is not a sign of weakness, but a sign that you have the insight to know that you need to try a different approach. The department should be willing to help you with your problems. As a foster parent, you are a valuable and scarce resource, and discipline is an issue that is so important that the department requires you to provide a written summary of your discipline methods with your application and reapplications for licensure. If your discipline methods change, you are required to inform the department in writing as well. The department does provide some guidelines about what you can and cannot do. The following is a summary of those guidelines.

See " What requirements must I follow when disciplining children?" at WAC 388-148-0465.

See "What types of disciplinary practices are forbidden?" at WAC 388-148-0470.

See "Do you require a written statement describing my discipline methods?" at WAC 388-148-0475.

See "What types of physical restraint are acceptable for children in homes and group care settings?" at WAC 388-148-0480.

See "What types of physical restraint are not acceptable for children?" at WAC 388-148-0485.

See "What must I do following an incident that involved using physical restraint?" at WAC 388-148-0490.

Again, it is important that you talk to service providers about what is appropriate for the development, size, and particular issues each child presents. You should seek help to deal with recurring problem behavior.

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What happens if the child in my care does something to harm someone's property or safety?
You should, of course, make sure that you have arranged for the proper supervision of the child, in order to decrease the likelihood that such acts will occur. However, the foster parent liability fund is available to the extent that the harm caused is not fully covered by other insurance. This fund is not available if the harm is the result of your illegal conduct or bad faith acts. For example, if you provide a child in your care with alcohol or drugs and the child destroys another person's property while intoxicated, the fund will not pay for any of the damages caused. There are dollar limits on the amount available for each covered incident.

WAC 388-25-0300; WAC 388-25-0315; WAC 388-25-0320; and WAC 388-25-0325

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What are my responsibilities with regard to the child's education?
You must help the child attend school on a regular basis, if that is part of the child's plan. You need to provide the child in your care with a place to do homework and study. You also need to give the child in your care opportunities to learn the life skills he or she will need someday to be an independent adult. WAC 388-148-0510.

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What if I believe that the child in my care has special educational needs that are not being addressed?
You can be an important advocate for a child who is having trouble with his or her school work. Children in care often struggle in school. This is due, in part, to the fact that their learning problems are sometimes not identified and addressed.

If you believe that the child may need special help in school, he or she may qualify for an Individual Education Plan (IEP) or other accommodations. An IEP describes the school services a child with a learning disability, behavior disorder, or certain mental health issues must have. You should tell both the caseworker and the child's attorney, GAL or CASA. They can raise this issue with the juvenile court to name you as the person with the authority to provide the necessary consent to begin the IEP process and to participate in the meetings that will follow.

To learn more about how you can advocate for the educational needs of the child in your care, download or order TeamChild's Education Advocacy Manual.

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Is it my responsibility to provide clothing for the child in my care?
Yes, it is. However, when a child first comes into your care, you may be provided with a special clothing allowance to help clothe the child. You also may request these clothing allowances when other special needs arise. The amount of a clothing allowance at any given time will not exceed $200.00. WAC 388-25-0125 and WAC 388-148-0405.

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If I buy clothing for the child in my care, and he or she subsequently leaves my care, who gets to keep the clothes?
The child does. It is important that you send the child's personal items along when he or she is moved. WAC 388-148- 0410.

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Do I have to have a telephone?
Yes, you must have at least one working phone that will accept incoming and outgoing calls at all times. You must post emergency numbers by the phone. WAC 388-148-0275.

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What type of incidents involving children do I have to report?
As a licensed foster care provider you have a special responsibility to all children not only those in your care. Certain matters are so important, that you must report them to the CPS intake worker within 48 hours of their happening, even if they don't involve you or a child in your care:

• If you have any reasonable cause to believe that any child has suffered child abuse or neglect.
• Any violations of the licensing or certification requirements.
• The death of a child.
• Any child's suicide attempt that results in injury requiring medical treatment or hospitalization.
• Any use of physical restraint that is alleged improper or excessive.
• Sexual contact between two or more children that is not considered typical play between preschool age children.
• Any disclosures of sexual or physical abuse by a child in care.
• Physical assaults between two or more children that result in injury requiring off-site medical treatment or hospitalization.
• Unexpected health problems that require off-site medical treatment.
• Any medication that is given incorrectly and requires off-site medical treatment.
• Serious property damage that is a safety hazard and is not immediately corrected.
• Any emergent medical care.

• Suicidal/homicidal ideations, gestures, or attempts that do not require professional medical treatment;
• Unexpected health problems that do not require professional medical treatment;
• Any incident of medication incorrectly administered;
• Physical assaults between two or more children that result in injury but did not require professional medical treatment;
• Runaways; and
• Use of physical restraints for routine behavior management

WAC 388-148-0120.

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Questions about Daily Life

May I take the child to my place of religious worship?
It is important that you respect the religious upbringing and heritage of the child in your care. You may invite the child to your place of worship, but if the child chooses not to attend, you should not punish the child. You should support the child in the practice of his or her own faith. WAC 288-148-0430.

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Can I take the child on an overnight trip?
Maybe, but you first need to contact the child's social worker to let him or her know. The social worker will need to make sure that your plans don't conflict with visits or other matters involving the child's case. Obviously, longer trips out-of-state or out-of-the-country will involve more planning and coordination and may be more difficult to accomplish. WAC 388-148-0455.

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Can I assign chores to children in my care?
Foster children may be asked to do regular household chores. You can ask them to do special tasks that are appropriate to their age and ability and reward them with an appropriate allowance. WAC 388-148-0440.

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May people smoke in my home if I have a child in my care?
People may not smoke in your home, but may smoke outdoors away from the children. In addition, no smoking should be allowed in a car transporting a child in your care. WAC 388-148-0185.

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May I have alcohol in my home?
Yes, but children must not be able to get to it. WAC 388-148-0180

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May I have firearms in my home?
Yes, but only if the firearms and ammunition are stored separately in secure, locked container made of unbreakable material. All other weapons must be stored in the secure, locked containers made of unbreakable material as well. Youth in care may not use firearms unless the social worker approves, competent adults are supervising, and the youth has completed an approved gun safety or hunter safety course. WAC 388-148-0190

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Are there special rules about driving children in my care?
Yes. Your car or van must be in safe and working order. The driver must be licensed, and the car must be insured. All children must be in car seats, booster seats or seat belts, depending upon their age. You may not have more people in the car than there are seat belts, and all passengers must use them. If you have more than five pre-school aged children in the car, there must be a second adult in the car. Sometimes a particular child's needs may require that there be another adult in the car, even if the child is the only child in the car. WAC 388-148-0210.

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Questions about the Department's Responsibilities

Will the department reimburse me for any damages to my property or person caused by the child in my care?
Yes, if the funds are available, the department will give you the replacement value of the property if the property is destroyed or the repair costs if the property can be fixed. The department will also reimburse you for emergency medical costs you incur as a result of injuries caused by the child in your care. The limit on property claims is $5,000.00. The limit on emergency medical costs is $1,000.00. If you have a homeowner's policy or other insurance that covers your claim, the department will pay up to the amount of the deductible.

If you want to file a claim you must contact the child's social worker within 30 days of the incident giving rise to the damage. He or she should provide you with the claim form. In no event will claims older than 1 year be reimbursed. The department may conduct an investigation and you are required to cooperate with the investigation.

If the property damage or personal injury is the result of the child being given alcoholic beverages or other illegal substances, your claim will be denied. In fact, if you violated any law or ordinance that led to the child's behavior, you will not be reimbursed. Your claim will also be denied if the child's behavior which caused the damage was the result of your failure to properly supervise or give proper instructions to the child.

Another big exclusion is if the damage or injury is caused by the child's operation of a motor vehicle. It doesn't matter whether you gave the child permission to use the vehicle or not, the claim will be denied. Other types of claims may be excluded as well. If you want to see a list of those claims, go to WAC 388-25-0355 and WAC 388-25-0375

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If a child needs more intensive supervision than I can provide, must the department provide me with help in the home?
You should contact the child's social worker and explain why you believe that the child needs more supervision than you can provide. You and the social worker should come to an agreement about what level of supervision the child needs and how it should be accomplished. The social worker can provide you with additional resources to assist you in supervision. If you feel that the social worker has not satisfied your concern, you should consider talking to the child's CASA, GAL or attorney next to see if he or she would be willing to address the issue either with the social worker or the court. WAC 388-148-0460(8)

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You need to arrange for respite care through the child's social worker. The child will be temporarily placed with a licensed respite care provider or if you are not going to be home, the provider can come to you. An care you arrange for the child must be approved by the child's social worker.

Sometimes the child may want to participate in activities that involve outings supervised by others, such as Boy Scout camp or social outings with friends. You should contact the social worker first to make sure such outings are appropriate for the child. Some children in care would benefit from such activities and other children in care may require more supervision than a particular program can provide. You should feel free to voice your opinion with the caseworker about whether you believe the outing would be appropriate for the child. WAC 388-148-0540; WAC 388-148-0545; and WAC 388-148-0550

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Law and Policy for Child Care Providers

• General Questions for Child Care Providers
• Questions about CPS Investigations in Licensed Facilities
• Questions about Administrative Hearings

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General Questions for Child Care Providers

Where can I find the regulations for child care providers and a DSHS Guidebook?

• Family Child Care Homes — WAC 388-155
• DSHS Guidebook for Family Child Care Homes
• Child Care Facilities — WAC 388-295 (WAC 388-295 repeals WAC 388-150) DSHS outlines the most significant changes in it's August 7, 2003 memo.
• DSHS Guidebook for Child Care Facilities

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What can happen if I operate an unlicensed child care home or facility?
You can receive civil fines.

If you are found to be operating an unlicensed family child care home you can receive civil fines in the amount of $75 per day. WAC 388-155-095 and WAC 388-155-093. If you are found to be operating an unlicensed child care facility you can be fined $250 per day. WAC 388-295-0130 and WAC 388-295-0120.

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What division of DSHS licenses child care providers? How do I contact them?
The Division of Child Care and Early Learning (DCCEL) within Economic Services Division licenses child care providers.
For a list of Division of Child Care and Early Learning staff and offices go to DCCEL

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Where can I find a glossary of child care provider terms?
DSHS has provided a glossary at DCCEL glossary.

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Why does the state do background checks on people who will have contact with children?
The safety of children is the state's primary concern. WAC 388-060 0100.

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Questions about CPS Investigations in Licensed Facilities

Who investigates licensing complaints about child care facilities and family child care homes?
DSHS has a division called the Division of Child Care and Early Learning within the Economic Services Administration. DCCEL Licensors handle the licensing of child care facilities and homes and also investigate reports related to failure to meet the minimum licensing requirements.

Another DSHS division called the Office of Foster Care Licensing oversees the licensing of foster homes and investigates reports related to failures to meet the minimum licensing requirements.

If your licensor determines you have failed to meet all of your minimum licensing requirements, he or she will contact you and explain the areas needing attention. Together, you and your licensor will develop a plan to ensure that all licensing requirements are met. The plan will be prepared for you in writing and you will have a reasonable period of time to work on correcting the violation. Your licensor will support and assist you through this process so that you can feel confident that your home is in 100% compliance with expectations.

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Who investigates allegations of child abuse or neglect in licensed facilities?
The DSHS Division of Licensed Resources houses the Child Abuse and Neglect Facility Investigation Section. This Child Protective Services (CPS) unit investigates child abuse or neglect allegations in all state certified or licensed facilities including foster homes, child care homes and facilities, group homes, JRA Hospitals providing residential care and DASA centers.

The Child Abuse and Neglect Facility Investigation Section has five main goals, which are to 1) ensure the immediate safety of alleged child victims; 2) to investigate allegations of child abuse and neglect and make determinations regarding the existence of child abuse and neglect; 3) to assess whether the child in question has been abused or neglected in a state-regulated setting in ways that have not been alleged; 4) to identify risk factors within the facility which create a substantial risk of harm to children; and 5) to ensure consistency and equity toward providers in the investigation of abuse and neglect.

This Section may also investigate abuse and neglect allegations involving the biological children of someone who is a licensed provider. For the DSHS publication about CPS investigations in facilities go to DLR/CPS Investigations. See also RCW 74.13.

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What are the timelines for CPS investigations in licensed facilities?
A DLR/CPS investigation must begin within 24 hours from the referral date and time, including weekends and holidays. We encourage licensors to participate during the investigation since the licensor has a relationship with the provider, and can address licensing issues at that time. The DLR/CPS investigators will give written notice of any findings to the provider and the licensor within 45 days, or with an approved extension, within 60 days.

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Do I have the right to an attorney during a CPS investigation? You do not have the right to a court appointed attorney during a CPS investigation but you may chose to consult with an attorney at your own expense or contact your local Legal Resources to seek advice. You do have the right to a court appointed attorney if you cannot afford one if a dependency petition is filed in juvenile court. That is only a possibility if your own children are found to be at risk.

Legal Source:
Right to counsel in dependency proceedings: RCW 13.34.090; RCW 13.34.092.

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Is there a support person to help foster parents through an investigation?
When foster parents are being investigated for allegations of abuse and/or neglect, they can rely on support services from the Foster Parent Intervention/Retention Support Team (FIRST). The toll free number to speak with a FIRST representative is 1-800-391-2273. Although it is hoped that your licensor can be a support person during an investigation, you may find the FIRST representative a better option depending on your situation.

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What can I do if I do not like the way the investigation was handled?
You should first discuss your concern with your investigator or licensor. Your next step should be to talk to the investigator's supervisor. If you still remain unsatisfied with the response, you can call the Office of Constituent Relations for assistance at 1-800-723-4831.

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What are the possible outcomes of an investigation of minimum licensing requirements OR child abuse and neglect as related to my license?
Investigations of licensed facilities can end positively when a licensor or investigator determines that there has been no violation of the minimum licensing standards or no child abuse or neglect, depending on the allegation originally made. Negative findings by a licensor or investigator can also happen, however, and the department then must take action. Possible actions and their legal source for foster homes and child care homes or facilities are provided below. Notice requirements for these actions can be found in RCW 43.20A.205 and WAC 388-148-0105.

• Denial, suspension or revocation of a license. RCW 74.15.130
• Foster Home WAC 388 148- 0095.
• Family child care home WAC 388-155-090
• Child care facility WAC 388-295-0100
• Civil penalty. (not applicable to foster family homes) RCW 74.15.130
• Family Child Care Home WAC 388-155-180
• Child Care Facility WAC 388-295-0110
• Modification of a license RCW 74.15.130
• Disqualification of applicant WAC 388-148-0095 and WAC 388-06.
There is a long list of offenses and issues that may disqualify an individual from operating or working in a family child care home, child care facility or foster home. These are different from general qualifications required of staff working in these facilities which can be found at WAC 388-155-180 for child care homes, WAC 388-295-0070 for child care facilities, and WAC 388-148-0035 for foster homes.
• Probationary license RCW 74.15.125
• Foster Home WAC 388-148-0090.
• Family child care WAC 388-155-098
• Child care facility - WAC 388-295-0140
A probationary license can be issued for six months, with a limited renewal possibility, in order to allow the licensee to correct a deficiency. This is only allowed in situations where children are not in imminent risk of harm. There is no right to appeal a probationary license.
• Place on "no referral" list — child care providers can be removed from the resource and referral list.
• Stop placement — the department can just stop placing children in your foster home.

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Questions about Administrative Hearings

If an investigation results in a change in your licensing status, what will happen next?
If any investigation in your home or facility results in a change to your license or a "finding" against you of child abuse and neglect, you will receive a written notice and then you will have the right to appeal the action or finding. Your first step will include an internal departmental review. If that reviewer supports the initial decision, you will then have a right to an administrative hearing. In an administrative hearing you will have the right to present evidence in support of your position. You have the right to bring an attorney but you can also appear at these proceedings without an attorney. The department is usually represented by an Assistant Attorney General in the licensing actions and will present the department's evidence. The department may not be represented by an Assistant Attorney General in a hearing solely about a child abuse and neglect finding. These cases are called CAPTA hearings.

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What is a CAPTA Hearing?
CAPTA stands for the Child Abuse Prevention and Treatment Act and this federal legislation requires states to allow citizens to appeal any department finding of child abuse and neglect. These appeals are administrative hearings and are held at the Office of Administrative Hearings. If you have been investigated for child abuse and neglect and the result is a "founded" finding against you, you will receive written notice and will be able to appeal that finding following the method outlined on your notice. An investigation of child abuse or neglect concludes with a finding of either "founded, unfounded or inconclusive".

For more information about CPS investigations go to Learn About the Child Welfare System and go to the Investigation section.

s WAC 388-15 governs CPS investigations and the notification and appeal of CPS findings. See also CAPTA 42 U.S.C. §5101 et seq.

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What is an administrative proceeding as compared to a hearing in juvenile or superior court?
State agency action can be appealed with an administrative proceeding. These actions are to correct or change something that the State has done related to its official duties. For child care providers and foster families, this will most often relate to licensing issues or findings of child abuse and neglect.

These hearings are held before administrative hearing officers. Unlike Superior Court, these individuals are not elected but are hired to determine whether the state has acted within its authority.

State agencies get authority from statutes (laws) or from the Washington Administrative Code.

Legal Source:
Administrative Procedures Act RCW 34.05 Model Rules of Procedure WAC 10-08 General Procedures for DSHS hearings WAC 388-02-0005.

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Can I appeal the decision of an administrative law judge?
Yes. For more go to WAC 388-148-0115.

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Where is the Office of Administrative Hearings?
The administrative office is located at 919 Lakeridge Way SW, 2nd Floor, P.O. Box 42488, Olympia, Washington, 98504-2488. The office hours are 8:00 a.m. to noon and 1:00 p.m. to 5:00 p.m., Monday through Friday except legal holidays. Administrative law judges are assigned to field offices located in Everett, Olympia, Seattle, Spokane, Vancouver, and Yakima. Each office is headed by a senior administrative law judge. WAC 10-04-02.

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Update information for Laws and WACs.

• Revised Code of Washington — updated in the Fall following the session and the Winter following the General Election.
• RCW Dispositions — updated in the Fall following the session and the Winter following the General Election.
• Washington Administrative Code — updated every two weeks.

If an RCW indicates that there has been an amendment to a law (e.g. *** CHANGE IN 2003 *** (SEE 1561.SL) ***), there is no simple way to insure that you have the information the day that it is passed in the legislature. You can, however, follow these steps:
1. Click on the link to the statute you are reviewing and find a notice on the statute's page that it has been amended. If there is no note, then you can assume it has not been amended.
2. Take the number of the amending act, go to the session laws page, and find the session law version of the bill which shows the changes (searching either with your computer's "find" function or by just browsing down the numerically ordered "Bill to Chapter" table). Session Laws should give you the most up to date information available.

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