Dependency cases involve situations in which a child is alleged to be abandoned, abused OR neglected, or has a parent(s) who are not capable of meeting the child's needs such that the child is in circumstances which constitute substantial damage to the child's psychological or physical development. The purpose of dependency actions is to protect the health, safety and welfare of children, to assist parents in learning the skills necessary to meet the needs of their children in a safe and minimally adequate manner, and to support family reunification where children are initially placed in out of home care. The law is very clear that when the child's rights to basic nurture, physical and mental health, or safety conflict with the legal rights of the parents, the rights and safety of the child should prevail (Emphasis added). The goal is for a safe, stable and permanent home and a speedy resolution of cases authorized under RCW 13.34. RCW 13.34.020.


Dependency cases are initiated by referrals to Child Protective Services. Any person with concerns for a child's well-being may call Child Protective Services (CPS) to make a referral and request intervention on behalf of the child. Since December 16, 2002, referrals in the State of Washington have been taken at the Central Intake Unit's (CIU)1-800 number, risk tagged and reviewed by a supervisor, then routed to the local Division of Children and Family Services (DCFS) office in which further investigation will be undertaken.

Once the case is sent from CIU to the local Division of Children and Family Services (DCFS) office, the case is assigned to a social worker who will make contact with the child and family, interview the referent and other collateral sources of information, run CPS and criminal background checks and determine whether the allegation is true (or founded), untrue (or unfounded) or inconclusive (don't know if founded or unfounded). Whether or not the allegations are found to be true, the social worker may offer the family services to address areas or issues of concern in order to decrease risk to the child(ren) residing in the home. If the family is unwilling to cooperate with voluntary services to lessen the risk of serious harm to the child(ren) residing in the home, the risk to the child(ren) cannot be mediated by offering services to the family or the risk level to the child(ren) is emergent/high and it is unsafe for the child(ren) to remain in the home, the social worker may staff the case with the agency's attorney to decide whether to file a dependency petition which will ask the Court to investigate the need for supervision of the family and to discuss other options which may be available to the family. If the allegations do not meet criteria for DCFS involvement, and the family declines voluntary services offered by the social worker, the social worker may decide to close the file.

If the case meets the criteria under RCW 13.34 et seq which would allow intervention by the State on behalf of the children, and the parents are unable or unwilling to take steps to protect or safely provide for child(ren), a dependency petition may be filed. Dependency cases are non-criminal in nature (i.e., do not result in incarceration if granted), but can be triggered by events which result in criminal charges being filed out of the same incident(s) which form the basis for dependency. The legal standards by which the dependency allegations must be proven are lower than in criminal prosecutions. This can sometimes result in a finding of dependency even if the criminal charge does not result in conviction. A lack of criminal conviction in a companion case does not prevent a Court from finding there is a basis for dependency.


Those individuals who are recognized as having a legally vested interest in dependency cases are commonly referred to as parties to the proceeding. Dependency cases are begun by the filing of a Dependency Petition. The DCFS social worker is often a Petitioner in these cases and is represented by an attorney from the State Attorney General's Office or an attorney contracted with that office to provide representation of the Department of Social and Health Services, Division of Children and Family Services (DSHS/DCFS). It is up to the Petitioner to prove the facts of the case and to make recommendations for services which should be pursued by the parents in order to improve safe parenting of the child and/or return the child to the care of the parents where the child has been removed from the home.

The other parties to the action respond to the Dependency Petition and are commonly referred to as Respondents. Respondents to a case involve the child and the child's parents. Only Respondents and their representatives are allowed into the Court proceedings. In order to protect the family's privacy, the general public is also excluded from the Court proceedings. The parents and children involved in the dependency case may be represented by attorneys; children are entitled to be represented by a guardian ad litem or an attorney. If the child's interests are being represented by a guardian ad litem, the guardian ad litem has the same rights to notice and participation as the child's parents. In many Court systems, guardians ad litem are volunteer Court Appointed Special Advocates (CASA) who are trained to investigate petitions and are charged with advocating for the child's best interests.


The filing of a dependency petition triggers a change in the legal status of the child and who may make decisions for the child. RCW 13.04.030. Once a petition is filed, the Superior Court is vested with jurisdiction (the power and authority) to exclusively decide what should happen for this child based upon the child's best interests. If other actions involving the child are already in place at the time the dependency petition is filed, those actions cannot be resolved by a different judicial officer absent the written permission of the Court in which the dependency has been filed.


Yes. Time frames for the handling and resolution of the case kick in at the time the petition is filed. Dependency actions are intended to provide intervention to assist children and families on a temporary basis. Safety and permanency for children are of paramount importance to the Court and the goal is to achieve this at the earliest possible date for the benefit of the child.

Dependency cases should progress as quickly as possible in order to effect reunification or implement other permanent plans of care. The statutes require the adjudication of the petition's allegations not more than 75 days from the date of filing (if notice to a party by publication is required) and the child should be returned home or another permanent plan of care initiated within fifteen months. The Court holds regular and periodic status review hearings not more than every six (6) months on each case to monitor the level of compliance and progress in services aimed at reunification of the family.

If children are placed in out of home care for part of the dependency, the Court must supervise the children for a period of time of not less than six (6) months following return of the child to the family home to ensure the safe reintegration of the child to the parents' care.

If the children are in out of home care and prospects for return home to a parent are poor, an alternate plan of care for the child may be recommended. This can include: adoption, a change of legal custodian, dependency guardianship, long-term foster care or (rarely) emancipation. The appropriateness of the alternate permanent plan of care will depend upon a number of factors which may include, but are not limited to, the child's age, relationship with the parent or proposed long-term care provider, and developmental/psychological needs.

In addition to state laws which require permanency for children at the earliest opportunity, there are also Federal mandates for expediting permanency under the Adoption and Safe Families Act of 1997 (ASFA). All states receiving Federal foster care reimbursement funds are required to demonstrate active efforts to comply with the mandate of permanency for children not later than 15 months after a dependency case is begun.


Information is presented to the Court by a party through legal documentation called pleadings. The Court hears testimony (evidence) at fact-finding hearings which are held to determine the accuracy and adequacy of the allegations of petitions. The Court also considers sworn written testimony submitted in connection with specific requests (motions). In dependency cases, unlike criminal proceedings and other civil matters) the Court may also consider hearsay testimony at Shelter Care, disposition and status review hearings.

The social worker provides written recommendations for each phase of the case prior to scheduled hearings following the Shelter Care Hearing. The social study must contain the information required by statute (RCW 13.34.120) to advise the Court and other parties of DCFS's assessment of the situation. The parties may submit their response to the State's recommendations prior to hearings.

If a child is placed in out of home care, the foster parent or relative care provider for the child is allowed to attend Court hearings and advise the Court of the child's status and needs (RCW 13.34.115). This is the only exception made under statute which would otherwise exclude a non-party. Foster parents do not have legal rights to the children they care for, but are allowed to address the Court for the limited purpose of providing information to the Court about the children so that the Court has as much information as possible prior to making care decisions for the child. Dependency court hearings were recently opened to the public under a legislative change in 2003, but the individuals who may participate in these cases are still limited to the parents, child's representatives (including CASA) and the care-givers to a child in out of home placement.