Distribution Information - Foster Parent Assocation of Spokane

Foster Parent Support Program Information Sheet Report to the Court: What Do I Do Now It's Completed? Note to Foster Parent(s): You were probably excited to learn that you had the right to address the Court, the right to submit a report to the Court and perhaps thrilled that a format was developed to assist you. As you completed the Foster Parent's Report to the Court, you wondered: Now What Do I Do? This Information Sheet is for you.

The Purpose of the Foster Parent Report to the Court

The aim is to provide helpful information to the Court in making decisions about the child's placement, services which are needed by parents and child(ren), the nature and extent of visitation which should be offered or provided, and progress towards the identified permanent plan of care for the child(ren) as listed in the social worker's Individual Service and Safety Plan (ISSP). As in all matters before the Court, rules of procedure are in place to ensure fairness of conduct and consideration to all parties. As you participate in Court proceedings for your foster child, these rules apply to you as well.

One of the foremost rules is that of disclosure of issues to be raised at Court hearings. To the extent that the Foster Parent Report to the Court contributes to an understanding of the issues before the Court, we are required to give a copy of your report to the other parties not less than 10 days prior to scheduled hearings. (If you are late on your first attempt to participate, don't worry ~ the Court understands. Deliver your copies as soon as possible if meeting this 10-day rule is not possible.)

Who are these "parties" and how do you reach them? The term "parties" refers to all those individuals with a vested legal interest in the matter at hand. In terms of Juvenile Court dependency cases, that list is short and limited by statute. Foster parents are not parties to dependencies, but have statutory rights to participate in hearings on behalf of the child whose best interest is paramount with the Court. The identities of the parties is most easily determined by looking at the front page of your copy of the ISSP. The parties are the child, parents, State and their legal representatives or guardians ad litem (GALs). These are the individuals who are entitled to a copy of your report. There are no specific rules on whether you must give notice to the parents individually. If they are represented by an attorney, notice to the attorney should suffice.

How to File Your Report

The Court may only accept signed original documents in its legal file. You should take the required number of copies plus five extras with you to the Juvenile Court building when you are ready to file.

The Spokane County Juvenile Court is located at 1208 W. Mallon Avenue, directly west of the Spokane County-City Jail. Public metered parking is located in the parking lot to the north of the building and on-street parking is available to the west and south of the building. (On-street parking is less expensive and the meters run for up to 10 hours. Bring quarters.) The entry of the building is located on the north side of the building.

When you enter the Juvenile Court building, you will need to pass through a security checkpoint to access the lobby. Proceed straight ahead through the door next to the elevator or ask for directions to the Clerk's office.

When you pass through the lobby door into the operations area of the Courthouse, take a left and then go down the first corridor to the right. Stop when you reach the two counters facing each other. The left counter is the Court Clerk's Office and the right counter is the Social Files Office. Turn left.

You will need to file your original report, signed only with your first name and first initial of your last name, in the box marked "Dependencies Only." This is usually the far left box on the left side of the counter. Date stamp all copies with the square stamp on the stamp pad on the upper right hand corner of your copies. This records the official date of filing. (It is also called "conforming copies.") Write the name of the intended recipient on the upper right hand corner of the top page. Mark your five extra copies as follows: Bench Copy, Dependency Monitor, Foster Parent Support Program Director, Foster Parent Support Program lawyer, and "file (yours)". You are done at this counter.

Turn around and face the Social Files counter. There are usually two stacks of drop boxes with labels on the right side of the counter. You are going to leave a copy of your report in the boxes marked as follows:

Dependency Monitor
CASA/Guardian ad Litem
Public Defenders Dependency (if the parent has a Public Defender)

If your ISSP does not indicate Public Defender, PD or an address of 1033 W. Gardner as the attorney's address, send it to the attorney named on the ISSP at the address listed for the attorney in the telephone book. The copy marked "Bench Copy" goes in the Judge/Court Commissioner box. To deliver the DSHS copy to your social worker, continue south down the same hallway until you reach the wall. Turn right. To your immediate right is a water fountain and to your left is a copy machine and three small workspaces/offices. Go the Court Liaison office on the right of that grouping and leave your copy with Monte or Sandra and they will deliver it to the assigned social worker for you. Ask them to "copy receive" the extra copy to be sent to the program office as proof of delivery.

The copy for Foster Parent Support Program goes to the program office, my copy should be sent to the address in the lower right hand corner of this page and your copy should be retained in your file for the child. Retrace your steps to the lobby and you are done. If the Foster Parent Support Program ends due to lack of funding, this last step can be omitted.

Hint:

For some foster parents, the completion and filing of this Report may be the extent of participation you wish to have. As a matter of State law as of September, 2002, it is your right to appear and participate in all hearings and proceedings for your foster child and to receive notice of same from your social worker. If you choose to attend a hearing to address the Court in person, you may wish to take with you a copy of the statute which permits this involvement. A copy of RCW 13.34.115 follows:

RCW 13.34.115 Hearings--Public excluded--Notes and records. All hearings may be conducted at any time or place within the limits of the county, and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court. (Emphasis added.)

Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200. [2000 c 122 § 12.]

The rules on closed hearings will be changing on July 27, 2003. On that date, dependency hearings will be open to the public for the first time. The Court may close the hearings upon request of the parents or the child's guardian ad litem/attorney, but not DSHS. If the Court finds that it is in the child's best interests to hold closed hearings, the Court is still granted discretion to hear from the kinship care providers or foster parents who have daily responsibility for care of the child.

After July 27, 2003, the following version of RCW 13.34.115 applies. The statute, as amended, now provides:

(1)

(2)

(3)

(a)

(b)

(c)

(4)

(5)

These changes are relatively new and local practices vary on the implementation of the statutory changes. Please note that the confidentiality of information related to the dependency case, or information shared at the hearing, remains unchanged. Confidential information which is wrongfully discussed, disclosed or re-disclosed outside of the Court proceedings (or case staffings) without the express written consent of the person about whom the information pertains may result in a lawsuit for civil damages or criminal prosecution under a variety of state and Federal confidentiality statutes against the person or agency making the wrongful disclosure.