Washington Motion And Declaration For Order Dismissing Dependency is a motion and declaration submitted by the Department of Social and Health Services (DSS) in Washington state to the court in order to request an order dismissing a dependency case. The motion explains why the case should be dismissed, and the declaration provides evidence to back up the facts stated in the motion. This type of motion is filed when the court finds that the parent is no longer in need of protection, supervision, or services from the state, or when the child is no longer in need of protection from the court. There are two types of Washington Motion And Declaration For Order Dismissing Dependency: Voluntary Dismissal and Involuntary Dismissal. A Voluntary Dismissal occurs when the parent agrees to the dismissal of the dependency case and signs a waiver of rights. An Involuntary Dismissal occurs when the court finds that the child is no longer in need of protection or the parent is no longer in need of services from the state, and the court orders the case to be dismissed.
Washington Motion And Declaration For Order Dismissing Dependency
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The dependency petition asks the court to step in and protect your child from harm and have the State assume temporary legal custody of your child. Children are returned home when the identified safety threats can be safely controlled and managed in the family home. You have a right to an attorney.
A DEPENDENCY PETITION BEGINS A JUDICIAL PROCESS, WHICH, IF THE COURT FINDS YOUR CHILD DEPENDENT, COULD RESULT IN PERMANENT LOSS OF YOUR PARENTAL RIGHTS OR IN SUBSTANTIAL RESTRICTIONS ON YOUR RIGHTS AND INTERESTS AS A PARENT SUCH AS THE ENTRY OR MODIFICATION OF A PARENTING PLAN OR RESIDENTIAL SCHEDULE OR ENTRY OF A
The parents, guardians, or legal custodian of the child must agree, subject to court approval, to establish or modify a guardianship of a minor, but the court may decide any contested issues implementing the guardianship.
The first hearing is called the Detention Hearing. At this hearing: The Court gives the parents a notice about what is going on (the ?proceedings?). The parents get a copy of the petition and any other papers for the case. The Court tells the parents what can happen in a dependency case.
The ?Best Interest of the Child? Determines Custody Instead, Washington State courts are required to make child custody determinations based on the best interest of the child. This standard may result in the court ordering a 50/50 parenting plan, but not necessarily.
Show cause orders instruct parties to ?show cause? why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed.
A ?dependency? case is a juvenile court case where someone, almost always the state through Child Protective Services (CPS), petitions the court for removal of the child from the parents and asks that the court make a finding that the child is ?dependent? under Washington State law.
In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated. Minor children are not considered capable of making such decisions for themselves and are not permitted to ?choose? living with one parent over another.