Washington > Statewide > Juvenile Court > Termination Of Parent-Child Relationship
Hearing Findings And Order Terminating Parent Child Relationship JU 04.0110 - Washington
| Hearing Findings And Order Terminating Parent Child Relationship Form. This is a Washington form and can be used in Termination Of Parent-Child Relationship Juvenile Court Statewide . |
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SUPERIOR COURT OF WASHINGTON COUNTY OF _______________________ JUVENILE COURT Dependency of: No: Hearing, Findings, and Order Regarding Termination of Parent-Child Relationship D.O.B.: [ ] Granted (ORTPCR) [ ] Dismissed (ORDSM) Clerk's Action Required: Paragraph 4.1 I. Hearing 1.1 1.2 The court held a hearing in this case on ____________________________________ [date] on a petition requesting termination of the parent-child relationship. The following persons appeared: [ [ [ [ [ [ [ [ 1.3 ] ] ] ] ] ] ] ] Child [ Mother [ Father [ Guardian or Legal Custodian [ Child's GAL [ DSHS/Supervising Agency Worker [ Tribal Representative [ Interpreter for [ ] mother [ ] father [ [ ] other _________________________ ] ] ] ] ] ] ] ] Child's Lawyer Mother's Lawyer Father's Lawyer Guardian's or Legal Custodian's Lawyer GAL's Lawyer Agency's Lawyer Current Caregiver Other __________________________ The court heard testimony. II. Findings 2.1 The following received adequate service: [] [] Mother Father [] [] Legal Guardian Other Hrg/Find/Or Re Term Parent-Child Rel (ORTPCR, ORDSM) - Page 1 of 4 WPF JU 04.0110 (07/2011) - RCW 13.34.190 - .210 American LegalNet, Inc. www.FormsWorkFlow.com 2.2 Child's Indian status: The petitioner [ ] has [ ] has not made a good faith effort to determine whether the child is an Indian Child. [] Based upon the following, the child is not an Indian child as defined in Laws of 2011, ch. 309, § 4, and the federal and Washington State Indian Child Welfare Acts do not apply to these proceedings: . [] The child is an Indian child as defined in Laws of 2011, ch. 309, § 4, and the federal and Washington State Indian Child Welfare Acts apply to these proceedings: . [] The petitioner [ ] has [ ] has not provided notice of these proceedings as required by Laws of 2011, ch. 309, §7 and the federal Indian Child Welfare Act 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. [The Washington Pattern Forms Committee believes that an order terminating a parent-child relationship should receive individualized attention due to the seriousness of the proceeding. RCW 13.34.180 provides: (1) A petition seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child. Such petition shall conform to the requirements of RCW 13.34.040 and shall allege: (a) That the child has been found to be a dependent child; (b) That the court has entered a dispositional order pursuant to RCW 13.34.130; (c) That 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; (d) That the services ordered under RCW 13.34.136 have been expressly and understandably offered or provided and all necessary services, reasonably available, capable of correcting the parental deficiencies within the foreseeable future have been expressly and understandably offered or provided; (e) That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future; and (f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. (2) In lieu of the allegations in subsections (1) through (6), the petition may allege that the child was found under such circumstances that the whereabouts of the child's parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two months after the child was found. (3) In lieu of the allegations in subsections (2) through (6), the petition may allege that the parent has been convicted of: Hrg/Find/Or Re Term Parent-Child Rel (ORTPCR, ORDSM) - Page 2 of 4 WPF JU 04.0110 (07/2011) - RCW 13.34.190 - .210 American LegalNet, Inc. www.FormsWorkFlow.com (a) (b) (c) (d) murder in the first degree, murder in the second degree, or homicide by abuse as defined in Chapter 9A.32 RCW against another child of the parent; manslaughter in the first degree or manslaughter in the second degree, as defined in Chapter 9A.32 RCW against another child of the parent; attempting, conspiring, or soliciting another to commit one or more of the crimes listed in (a) or (b); or assault in the first or second degree, as defined in Chapter 9A.36 RCW, against the surviving child or another child of the parent. RCW 13.34.190 provides: "(1) Except as provided in subsection (2) of this section, after a hearing pursuant to RCW 13.34.110 or 13.34.130, the court may enter an order terminating all parental rights to a child only if the court finds that: (a)(i) The allegations contained in the petition as provided in RCW 13.34.180(1) are established by clear, cogent, and convincing evidence; or (ii) The provisions of RCW 13.34.180(1) (a), (b), (e), and (f) are established beyond a reasonable doubt and if so, then RCW 13.34.180(1) (c) and (d) may be waived. When an infant has been abandoned, as defined in RCW 13.34.030, and the abandonment has been proved beyond a reasonable doubt, then RCW 13.34.180(1) (c) and (d) may be waived; or (iii) The allegation under RCW 13.34.180(2) is established beyond a reasonable doubt. In determining whether RCW 13.34.180(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more of the aggravated circumstances listed in RCW 13.34.132 exist; or (iv) The allegation under RCW 13.34.180(3) is established beyond a reasonable doubt; and (b) Such an order is in the best interests of the child. (2) In any proceeding under this chapter for termination of the parent-child relationship of an Indian child as defined in 25 U.S.C. Sec. 1903, no termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.] III. Conclusions of Law IV. Order 4.1 4.2 [] [] 4.2.1 The petition is denied and the termination action is dismissed [ ] with [ ] without prejudice. The petition is granted. All rights, powers, privileges, immunities, duties and obligations, including any rights to custody, control, visitation or support exist
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