Fill and Sign the Ju 030730 Hearing Findings Conclusions and Order Appointing Guardian Orapgd Washington Form

SUPERIOR COURT OF WASHINGTON COUNTY OF _______________________ JUVENILE COURT Dependency of: D.O.B.: NO: HEARING, FINDINGS, CONCLUSIONS AND ORDER APPOINTING GUARDIAN (ORAPGD) I. HEARING 1.1 A petition was filed requesting the court to establish a guardianship for the above-named minor child. 1.2 A hearing was held on: ________________________________________. (Date) II. FINDINGS The Court FINDS: 2.1 Indian status:  The child is not Indian as defined in 25 U.S.C. 1903 (4) and the Indian Child Welfare Act does not apply to these proceedings.  The child is an Indian child as defined in 25 U.S.C. § 1903(4) and the Indian Child Welfare Act does apply to these proceedings. All notice requirements and evidentiary requirements under the Indian Child Welfare Act have been satisfied. 2.2 The child has been found to be a dependent child under RCW 13.34.030. 2.3 A dispositional plan has been entered pursuant to RCW 13.34.130. 2.4 The child has been removed or will, at the time of the hearing, have been removed from the custody of the parent for a period of at least six months pursuant to a finding of dependency under RCW 13.34.030. 2.5 The services ordered under RCW 13.34.130 have been offered or provided and all necessary services reasonably available, capable of correcting the parental deficiencies within the foreseeable future, have been offered or provided. 2.6 There is little likelihood that conditions will be remedied so the child can be returned to the parents in the near future. ORD APPOINTING GUARDIAN (ORAPGD) - Page 1 of 3 WPF JU 03.0730 (6/2004) - RCW 13.34.231, .232 2.7 A guardianship rather than termination of the parent-child relationship or continuation of the child's current dependent status would be in the best interest of the family. III. CONCLUSIONS 3.1 The  mother  father  legal guardian or custodian received timely and proper notice of this proceeding. 3.2 The court has jurisdiction over the parties and subject matter of this proceeding. 3.3 The findings above are supported by a preponderance of the evidence. IV. ORDER IT IS ORDERED that: 4.1 _______________________________________________________ (Name) is appointed as guardian for the minor child. This appointment is for the limited purpose of assisting the court in the supervision of the dependency. 4.2 The guardianship will continue until the child reaches 18 years of age, or until further order of the court. 4.3 Visitation will be as follows: 4.4  No supervising agency is necessary.  _____________________________________________ shall be the supervising agency. (Name) 4.5 The guardian shall maintain the physical custody of the child and have the rights and duties listed in RCW 13.34.232, unless otherwise specified below: . (See text of RCW 13.34.232 on page 3.) 4.6 The guardian shall have the authority to consent to health and surgical care and to sign a release of health care information to appropriate authorities, pursuant to law. The term “health care” includes, but is not limited to, medical, dental, psychological, and psychiatric care and treatment. ORD APPOINTING GUARDIAN (ORAPGD) - Page 2 of 3 WPF JU 03.0730 (6/2004) - RCW 13.34.231, .232 4.7 Other: Dated: __________________________________ _______________________________________ JUDGE/COMMISSIONER Presented by: Guardian: Signature Signature Type or Print Name/WSBA No. Type or Print Name Father Mother Text of RCW 13.34.232: (1) If the court has made a finding under RCW 13.34.231 , it shall enter an order establishing a dependency guardianship for the child. The order shall: (a) Appoint a person or agency to serve as dependency guardian for the limited purpose of assisting the court to supervise the dependency; (b) Specify the dependency guardian's rights and responsibilities concerning the care, custody, and control of the child. A dependency guardian shall not have the authority to consent to the child's adoption; (c) Specify the dependency guardian's authority, if any, to receive, invest, and expend funds, benefits, or property belonging to the child; (d) Specify an appropriate frequency of visitation between the parent and the child; and (e) Specify the need for any continued involvement of the supervising agency and the nature of that involvement, if any. (2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the physical custody of the child and have the following rights and duties: (a) Protect, discipline, and educate the child; (b) Provide food, clothing, shelter, education as required by law, and routine health care for the child; (c) Consent to necessary health and surgical care and sign a release of health care information to appropriate authorities, pursuant to law; (d) Consent to social and school activities of the child; and (e) 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 therefrom. (3) As used in this section, the term "health care" includes, but is not limited to, medical, dental, psychological, and psychiatric care and treatment. (4) The child shall remain dependent for the duration of the guardianship. While the guardianship remains in effect, the dependency guardian shall be a party to any dependency proceedings pertaining to the child. (5) The guardianship shall remain in effect only until the child is 18 years of age or until the court terminates the guardianship order, whichever occurs sooner. [1994 c 288 § 7; 1993 c 412 § 4; 1981 c 195 § 3.] ORD APPOINTING GUARDIAN (ORAPGD) - Page 3 of 3 WPF JU 03.0730 (6/2004) - RCW 13.34.231, .232