Fill and Sign the Ju 030400 Order of Dependency Orod Washington Form

Superior Court of Washington County of _______________________ Juvenile Court Dependency of: D.O.B.: No : Order of Dependency (OROD) Agreed as to mother father other Contested as to mother father other Default as to mother father other Dismissed ( ORDYMT ) 4.1 Disposition Order (ORDD) Included Clerk’s Action Required. Paragraphs 4.1, 4. 3, 4.6 (EDL), 4.7, and the boxes below. The court will hear disposition interim review dependency review permanency planning ________________________ (type of hearing) on (date) ______________________, at a.m./p.m. at: __________________________________, Court, Room/Department:_________________, located at:_________________________________________________________ __________________________________________________________________________________. Additional clerk’s action required: Enter the code(s) that apply . About today’s hearing: Was adequate and timely notice given to the child’s caregiver? Yes (CGATN) No (CGNATN) Did the court receive a caregiver report? Yes (CGRR) / No The caregiver appeared. Did the court give the caregiver an opportunity to be heard? Yes / No I. Hearing 1.1 Petition : A petition was filed by DCYF Other ____________________________________ alleging that the above-named child is dependent, and the court held a hearing on ___________________________________ [Date(s)] . 1.2 Appearance : The following persons appeared at the hearing: Child Child's Lawyer Mother Mother's Lawyer Father Father's Lawyer Guardian or Legal Custodian Guardian's or Legal Custodian's Lawyer Child's GAL/CASA GAL/CASA's Lawyer DCYF Worker Agency’s Lawyer Tribal Representative Current Caregiver Order of Dependency (OROD, ORDYMT) - Page 1 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 Interpreter for mother father Other ___________________________ other ___________________ 1.3 Basis : The court heard testimony The parties submitted an agreed order. The child is 12 years old or older and the court made the inquiry required by RCW 13.34.100(7). II. Findings Except where otherwise indicated, the following facts have been established by a preponderance of evidence: 2.1 Child’s Indian Status : On this date On ____________________, the court asked each participant on the record whether the participant knows or has reason to know the child is an Indian child. The petitioner has has not made a good faith effort to determine whether the child is an Indian child. Based upon the following, there is not a reason to know the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. § 1903(4), and the Federal and Washington State Indian Child Welfare Acts do not apply to this proceeding: . Based upon the following, there is reason to know the child is an Indian child as defined in RCW 13.38.040 and 25 U.S.C. § 1903(4), and Federal and Washington State Indian Child Welfare Acts apply to this proceeding, unless and until it is determined on the record that the child does not meet the definition of an Indian child: . Based on the following summary, the petitioner used due diligence to identify and work with the tribes of which there is reason to know the child may be a member or eligible for membership, to verify whether the child is in fact a member (or the biological parent is a member and the child is eligible for membership). The facts establish by clear, cogent and convincing evidence, including the testimony of a qualified expert witness that continued custody of the child by the mother father Indian custodian is likely to result in serious emotional or physical damage to the child. DCYF made active efforts by actively working with the parent, parents, or Indian Custodian to engage them in remedial services and rehabilitative programs to prevent the breakup of the Indian family beyond simply providing referrals to such services, but those efforts have been unsuccessful. Order of Dependency (OROD, ORDYMT) - Page 2 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 The petitioner has has not provided notice of this proceeding as required by RCW 13.38.070 and 25 U.S.C. § 1912(a) to all tribes to which the petitioner or court knows or has reason to know the child may be a member or eligible for membership if the biological parent is also a member. 2.2 Facts : Facts establishing dependency have not been proved. The following facts establishing dependency have been agreed upon proved: . 2.3 Statutory Basis : The child is dependent according to RCW 13.34.030(6), in that the child: (a) has been abandoned, as defined in RCW 13.34.030; (b) is abused or neglected, as defined in Chapter 26.44 RCW, by a person legally responsible for the care of the child; and/or (c) 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. 2.4 Placement : If the court schedules a separate disposition hearing, the child should remain in the placement and care authority of DCYF pending further order of the court. The child should be placed or remain in the home of the mother father legal custodian guardian. It is currently contrary to the child’s welfare to return home. The child should be placed or remain in the custody, control and care of DCYF a relative an other suitable person for the following reasons: there is no parent or guardian available to care for the child; and/or the parent or guardian is unwilling to take custody of the child; and/or the court finds by clear, cogent and convincing evidence that a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home, and an order under RCW 26.44.063 will not protect the child from danger. The child should be placed or remain in: Relative placement. Placement with a suitable person and this placement is in the child’s best interests. Adoptive parent or other person with whom the child’s siblings or half-siblings live. Licensed care: pending completion of DCYF investigation of relative placement options. Order of Dependency (OROD, ORDYMT) - Page 3 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 because there is no relative or other suitable person who is willing, appropriate, and available to care for the child, with whom the child has a relationship and is comfortable. because there is reasonable cause to believe that relative placement would jeopardize the safety or welfare of the child; and/or hinder efforts to reunite the parent(s) and child. The child is an Indian child as defined in RCW 13.38.040, and this placement complies with the placement priorities in RCW 13.38.180, and 25 U.S.C. § 1915. 2.5 Reasonable Efforts : DCYF made reasonable efforts to prevent or eliminate the need for removal of the child from the child's home; but those efforts were unsuccessful because: The health, safety, and welfare of the child cannot be adequately protected in the home. Specific services have been offered or provided to the parent(s), guardian or legal custodian and have failed to prevent the need for out-of-home placement and make it possible for the child to return home. The following services have been offered or provided to the child and the child's parent(s), guardian or legal custodian: as listed in the social study; and/or _______________________________________________________ _______________________________________________________ _______________________________________________________. housing assistance, if applicable. The whereabouts of the mother father alleged father guardian or legal custodian are unknown. Additional Reasonable Efforts Findings:______________________________________ ______________________________________________________________________ ______________________________________________________________________. Reasonable efforts are not required at this time to attempt to reunify the child with his/her parent(s), guardian or legal custodian because: The child has been abandoned. Aggravated circumstances exist and reasonable efforts are not in the child’s best interests, as determined by clear, cogent, and convincing evidence. In determining whether aggravated circumstances exist by clear, cogent, and convincing evidence, the court considered and found: that the following factor(s) listed in RCW 13.34.132, exist: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ . other:______________________________________________________. The court ordered the child removed from the home pursuant to RCW 13.34.130(1)(b), and DCYF has recommended that a petition be filed seeking termination of the parent- child relationship between the child's mother father and the child. Because of abandonment of the child and/or the existence of aggravated circumstances as set forth above, filing of a termination petition is in the child's best interest and DCYF is not required to make reasonable efforts to reunify the family. Order of Dependency (OROD, ORDYMT) - Page 4 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 2.6 Sibling contact : If disposition is heard separately, reserved pending dispositional hearing. The court ordered the child removed from the home and it is is not in the child’s best interest to be placed with or to have contact or visits with these siblings (which could include step-siblings if there is a pre-existing relationship and the child is comfortable with the step-siblings): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________; and, a) the court has jurisdiction over the child(ren) listed above or the parents of the child(ren) for whom there is no jurisdiction are willing to agree; and b) there is no reasonable cause to believe that the health, safety, or welfare of any child would be jeopardized or that efforts to reunite the parent and child would be hindered by placement, contact or visitation. 2.7 Child’s school : If disposition is heard separately, reserved pending dispositional hearing. The court found that the child should be removed from the home pursuant to RCW 13.34.130(1)(b) and placed into out-of-home care. A placement that allows the child to remain in the same school he or she attended prior to the start of the dependency proceeding is is not practical and is is not in the child’s best interests. The child meets the criteria for appointment of an educational liaison. DCYF recommends that the court appoint (name) _____________________ as the child’s educational liaison. The parents are not able to serve as the educational liaison because: . 2.8 Other : . III. Conclusions of Law 3.1 Jurisdiction : The court has jurisdiction over: the child the mother the father the guardian or legal custodian 3.2 Notice : The following have received timely and proper notice of these proceedings: The mother father guardian or legal custodian child if 12 or older. The child is 12 or older and was notified that he/she may request an attorney. Order of Dependency (OROD, ORDYMT) - Page 5 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 3.3 Default : The following have failed to appear and a default order has been entered: The mother father guardian or legal custodian. 3.4 Dependency : The child is not dependent and the matter should be dismissed. The child should be found dependent pursuant to RCW 13.34.030. 3.5 Termination petition : A termination petition should be filed pursuant to RCW 13.34.132. 3.6 Other : . IV. Order 4.1 Dependency : The child is not dependent and the matter is dismissed. The child is dependent pursuant to RCW 13.34.030(6) (a) (b) (c). 4.2 Social study : DCYF has conducted a social study, a report of which was filed and provided to the parties. DCYF has not conducted a social study and shall return a report to the court and to the parties on a timely basis. 4.3 Disposition hearing : A disposition hearing has been held. A disposition hearing is set for the date and time on page one. 4.4 Placement : If disposition is heard at a later date, the child shall remain in the placement and care authority of DCYF pending further order of the court. The child shall be placed or remain in the home of the mother father legal custodian guardian. Subject to the following conditions:____________________________________________ _____________________________________________________________________. The child is placed in the custody, control and care of DCYF, which shall have the authority to place and maintain the child in: Relative placement with ______________________________________ (name). Placement with a suitable person: ______________________________ (name). The home of an adoptive parent or other person with whom the child’s siblings or half-siblings live. Licensed care: pending completion of DCYF investigation of relative placement options. because there is no relative or other suitable person with whom the child has a relationship and who is willing, appropriate and available to care for the child. Order of Dependency (OROD, ORDYMT) - Page 6 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 because there is reasonable cause to believe that relative placement or placement with a proposed other suitable person would jeopardize the safety or welfare of the child and/or hinder efforts to reunite the parent(s) and child. Absent good cause, DCYF shall follow the wishes of the natural parent regarding the placement of the child in accordance with RCW 13.34.260. The child is placed into the custody, control, and care of: a relative, ______________________________________ (name(s)), without supervision of this placement by DCYF. an other suitable person: ______________________________ (name(s)), without supervision of this placement by DCYF. DCYF is authorized to place the child with a relative who is willing, appropriate and available, with prior reasonable notice to the parties, subject to review by the court. The ordered placement is subject to the following placement conditions: . 4.5 Services : If disposition is heard separately, reserved pending dispositional hearing Services for the parents/guardians/legal custodians entered pursuant to RCW 13.34.130 [any evaluation must comply with RCW 13.34.370]: see attached service plan. as follows: . DCYF shall provide and the child shall participate in the following examinations, evaluations, or services: . SAY evaluation, and the child was notified that he/she may request an attorney. The child is 12 or older and agrees to the services was notified of the services was notified that he/she may request an attorney. 4.6 Educational Liaison (Name) ________________________ is appointed as the child’s educational liaison to carry out the responsibilities described in RCW 13.34.046 . The educational liaison must complete criminal background checks required by DCYF. 4.7 Visitation : If disposition is heard separately, reserved pending dispositional hearing. Order of Dependency (OROD, ORDYMT) - Page 7 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 The specific visitation plan between the child(ren) and mother shall be: as set forth in the visitation attachment. as follows: . The specific visitation plan between the child(ren) and father shall be: as set forth in the visitation attachment. as follows: . Visitation between the parent/custodian _________________ [name] and the child may be expanded upon agreement of the parties. The specific plan for visitation or contact between the child and child’s siblings shall be: as set forth in the visitation attachment. as follows: . 4.8 Restraining Order : The court entered a separate restraining order pursuant to RCW 26.44.063. 4.9 Parental Cooperation : The parents shall cooperate with reasonable requests by DCYF and provide DCYF with income and asset information necessary to establish and maintain the child’s eligibility for medical care, evaluations, counseling and other remedial services, foster care reimbursement, and other related services and benefits. 4.10 Health Care : DCYF with custody of the child shall have full power to authorize and provide all necessary, routine and emergency medical, dental, or psychological care as recommended by the child's treating doctor or psychologist, subject to review by the court, as needed. 4.11 Release of Information : All court-ordered service providers shall make all records and all reports available to DCYF, attorney for DCYF, parent’s attorney, the guardian ad litem and attorney for the child. Parents shall sign releases of information and allow all court-ordered service providers to make all records available to DCYF and the guardian ad litem or attorney for the child. Such information shall be provided immediately upon request. All information, reports, records, etc., relating to the Order of Dependency (OROD, ORDYMT) - Page 8 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 provision of, participation in, or parties’ interaction with services ordered by the court or offered by DCYF may be subject to disclosure in open court unless specifically prohibited by state or federal law or regulation. DCYF may continue to make reasonable efforts to locate and investigate an appropriate relative or other suitable person who is available and willing to care for the child, and is authorized to share information about the child, as necessary, with potential relative or other suitable person placement resources to determine their suitability and willingness as a placement for the child. 4.12 Reports : DCYF shall submit a report for the next review hearing to the court and to the parties in a timely manner. 4.13 Termination Petition : Due to abandonment of the child and/or existence of aggravated circumstances as found by this court, filing of a termination petition is in the child's best interests and DCYF is not required to make reasonable efforts to reunify the family. DCYF shall file within _________ days a petition to terminate the parent-child relationship between the child's mother father and the child. A permanency planning review hearing shall be held within thirty (30) days. 4.14 Child’s Indian Status: Any party who subsequently receives information that provides a reason to know the child is an Indian child under 25 C.F.R. § 23.107 shall inform the court. 4.15 All parties shall appear at the next scheduled hearing (see page one). 4.16 Other : . Dated: Judge/Commissioner Presented by: _________________________________________ Signature _________________________________________ Print Name/Title WSBA No. Notice : A petition for permanent termination of the parent-child relationship may be filed if the child is placed out-of-home under an order of dependency . ( RCW 13.34.180 .) Copy Received; Approved for Entry; Notice of Presentation Waived: Signature of Child Signature of Child’s Lawyer Print Name WSBA No. Order of Dependency (OROD, ORDYMT) - Page 9 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132 Signature of Mother Signature of Mother’s Lawyer Pro Se, Advised of Right to Counsel Print Name WSBA No. Signature of Father Signature of Father’s Lawyer Pro Se, Advised of Right to Counsel Print Name WSBA No. Signature of Guardian or Legal Custodian Signature of Guardian or Legal Custodian’s Lawyer Pro Se, Advised of Right to Counsel Print Name WSBA No. Signature of Child’s GAL Signature of Lawyer for the Child’s GAL Print Name Print Name WSBA No. Signature of DCYF Representative Signature of DCYF Representative’s Lawyer Print Name Print Name WSBA No. Signature of Tribal Representative Signature Print Name Print Name WSBA No. Lawyer for _______________________ Order of Dependency (OROD, ORDYMT) - Page 10 of 10 WPF JU 03.0400 (07/2018) - JuCR 3.7; RCW 13.34.030, .046, .110, .120, .130, .132